60. Such an approach would ensure that human rights and Tiriti obligations including rangatiratanga, equality and non-discrimination, participation, partnership, empowerment and accountability are applied in responses to FASD. While there has been consultation in New Zealand with the community over aspects of FASD, a step-change is needed to allow people with FASD and their families/whānau to meaningfully participate in decisions affecting them. 61. When thinking about disabled people being able to enjoy rights on the same basis as others, it is important to understand the social model of disability. The social model recognises that a person is disabled by the barriers around them (structural, attitudinal, Policy, infrastructure etc), rather than their specific impairment. The social model encourages states to focus on reducing such barriers. Te Tiriti o Waitangi 62. Te Tiriti o Waitangi requires partnership decision-making, proactive support from the government for rangatiratanga, alongside ensuring equity of outcomes for tangata whenua. In our view, successive governments have failed to adequately honour commitments to Māori impacted by FASD and their whānau. 63. The evidence shows that Māori experience disproportionate levels of alcohol related harm. Unfortunately, there is very little research which has looked at the experiences of whānau Māori who require support and care for alcohol related health problems, including FASD. 64. The Health Research Council awarded Hāpai te Hauora a Ngā Kanohi Kitea a grant to explore whānau Māori experiences with an FASD. We understand this work is in its early design stages and there has been some set-back due to COVID-19. However, we hope this research can assist New Zealand’s understanding of the impact of FASD on Māori. 65. In the absence of existing data and research, we can point to some limited information about the potential level of alcohol related harm during pregnancy. 66. According to the New Zealand Health Survey 2017-18, Māori are 1.6 times more likely to be hazardous drinkers than Non-Māori 11. Women with unplanned pregnancies who regularly drink in a risky way will be at greater risk of causing harm to the foetus. The highest rates for drinking during pregnancy in New Zealand were for Māori women with 34 percent reporting drinking alcohol at some time during their most recent pregnancy 12. 67. Analysis of New Zealand Health Survey data over the past decade indicates that hazardous drinking by women has been steadily rising overall, and the percentage increase for Māori women shows the steepest rise. 68. A controlled study of children presenting to a DHB child health service for an FASD assessment, found Māori to be overrepresented 13. Importantly, as the authors point out, this finding must be considered in the context of colonized experienced across generations causing unresolved trauma arising from loss of land, language and culture. It must also be viewed in relation to alcohol availability in areas of high deprivation. 12 Ministry of Health. 2015. Alcohol Use 2012/13:New Zealand Health Survey. Wellington: Ministry of Health. 13 Crawford et al (2020). Cognitive and social/emotional influences on adaptive functioning in children with FASD: Clinical and cultural considerations. Child Neuropsychology Journal. https://www.tandfonline.com/loi/ncny20 9

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