72.
In 2013, Adoption Action Inc.34 applied to the Human Rights Review Tribunal for a
declaration that the Adoption Act 1955 and the Adult Adoption Information Act 1985
are inconsistent with the New Zealand Bill of Rights Act and HRA, on the grounds
that it constitutes unlawful discrimination on a number of grounds, including sex,
marital status, race and ethnic origin, age, disability and sexual orientation.35 The
Commission has appeared as an intervenor in these proceedings. The Children’s
Commissioner also lodged a report with the Tribunal that opined that the Act was
inconsistent with the CRC and other international instruments.36 The decision of the
Tribunal is currently pending.
7. Basic Health and Welfare
Adequate Standard of Living
Relevant provision of the CRC: Article 27
CO 2011: The Committee recommends that the State party take all necessary measures to
provide appropriate support to allow disadvantaged families and their children to move out of
poverty in a sustained way while, at the same time, continuing to provide assistance to those
who remain under the poverty line.
73.
The Commission refers to its comments and recommendations set out in paragraphs
20-29 above.
Housing
74.
In its report on child poverty in New Zealand, the EAG made a number of detailed
recommendations to the Government of reforms to housing policy in order to improve
health and well-being outcomes for poor children. As noted in the UMG report, there
is a correlation between overcrowded, poor housing conditions and current levels of
child hospitalisation and mortality. The EAGs recommended reforms included:
Ensuring that all rental housing (both social and private sector) meets
minimum health and safety standards, according to an agreed Warrant of
Fitness, such as the Healthy Housing Index;
Registration or licensing of all social housing providers (state, local
government and community organisations);
34
Adoption Action is an incorporated society whose members include persons who have had personal
experience of adoption whether as relinquishing parents, adopted persons or actual or potential adoptive parents.
35
http://adoptionaction.co.nz/wp-content/uploads/2013/12/2013-AAI-Med-Rel-Pt1A-FINAL-17-11-13.pdf
36
http://adoptionaction.co.nz/wp-content/uploads/2014/09/50444029_Report-of-Children_s-CommissionerHRRT-020-11_v1.pdf
19