In 2003, the Government agreed to lift the general reservation subject to reports from the Ministries of Health and Education setting out changes required to facilitate compliance. In 2005, the Government agreed that current eligibility settings for access to publicly funded health and disability services for children, and maternity services for pregnant women, were compatible with the Convention. A legislative impediment to accessing education services exists under the current Immigration Act 1987, as Section 6 of that Act makes it illegal for a school to knowingly enrol a child who is unlawfully in New Zealand.... 39. As the Government’s 5th periodic report (“the Government Report”) indicates, there has been substantive progress made in removing some of the legal and policy barriers that have underpinned the Government’s general reservation. However, no formal steps have been taken to remove this reservation. 40. The enactment of the Immigration Act 2009 removed the liability of schools for prosecution for enrolling children aged under 16 who do not have legal immigration status. As noted in the Government Report, the Ministry of Education has issued a regulation, published in the New Zealand Gazette21, which has established the procedural requirements under which state schools may enroll children in these circumstances. 41. In addition, as noted in the Government Report, the Health and Disability Services Eligibility Direction 2011 provides for children unlawfully in New Zealand to access publicly funded health and disability services in New Zealand in certain prescribed circumstances. However, this does not extend to provide a general right for children with unlawful immigration status to access free or publicly subsidised health care. Reservation to article 32 (2) – minimum age of entry into employment 42. There has been no substantive progress made in addressing this reservation, nor has there been any substantive change in the Government’s policy position on the reservation, which it has expressed in the following terms: “the Rights of the Child provided for in article 32(1) are adequately protected by existing law. It therefore reserves the right not to legislate further or to take additional measures as may be envisaged in Article 32(2).”22 43. It is therefore important to emphasise that, while the Government’s Report notes that “New Zealand’s existing policy and legislative framework continues to provide age thresholds for entry into work in general, and for safe work”, children aged under 16 have no minimum wage protection under the Minimum Wage Act 1983. Accordingly instruments-ratified-by-new-zealand/documents-relating-to-the-convention-on-the-rights-of-the-child-and-theoptional-protocols/third-and-fourth-report/NZ-CRC-3rd-4th-periodic-report-2008.pdf at [26]. 21 At [20]. 22 New Zealand Handbook on International Human Rights, New Zealand Ministry of Foreign Affairs and Trade, Wellington (2008) at 206. 10