also repeal legislative provisions that prevent family carers from lodging Human Rights Act
discrimination complaints about policy decisions that affect them. This aspect implements a 2014
recommendation of the Committee on the Rights of Persons with Disabilities.85
70.
However, the Commission notes that there remain a number of systemic gaps, particularly
regarding children with neuro-disabilities.86 Prevalence is high, with approximately 10% of the
school population estimated to have dyslexia, for example.87 The proportion of young people with
neuro-disabilities in the youth justice system is estimated to be much higher based on prevalence
in comparable countries.88 These issues will be addressed in more detail below.89
71.
Foetal Alcohol Spectrum Disorder (FASD) is estimated among 3% of births or around 30,000 New
Zealand children.90 However, FASD is yet to be recognised by the Ministry of Health as meeting its
criteria for disability support and assessment services. Delegates to a recent conference to inform
the development of a future Ministry of Health FASD Action Plan recommended, among other
things, that FASD be granted this recognition to ensure that “children and young people who receive
a diagnosis have a clear pathway for support under the umbrella of disability services.”91
Health outcomes with a socio-economic gradient
72.
The Child Poverty Monitor Technical Report 2019 reports that Pacific children experienced
consistently higher hospitalisation rates for medical conditions when compared to their peers of
other ethnic groups.92
73.
The report also recorded that respiratory system diseases had the steepest socio-economic gradient
of all medical conditions and injuries experienced by children, noting that the hospitalisation rate
for respiratory conditions was three times as high for children in areas with the highest deprivation
compared with those living in areas with the lowest deprivation.93
Mental health
74.
He Ara Oranga, Report of the Government Inquiry into Mental Health and Addiction was released in
December 2019. Among its recommendations was to repeal and replace current compulsory
assessment and treatment legislation with new legislation that takes a human rights-based
approach, promotes supported decision-making, aligns with the recovery and wellbeing model of
85
CRPD/C/NZL/CO/1, 31 October 2014, para 10
Defined by the British Psychological Society to include “a wide range of specific neurodevelopmental disorders or
conditions, with common symptoms including: muscle weakness, communication difficulties, cognitive delays, specific
learning difficulties, emotional and behavioural problems and a lack of inhibition regarding inappropriate behaviour”.
Neuro-disabilities includes intellectual disabilities; specific learning difficulties; communication disorder; Attention
deficit hyperactivity disorder (ADHD); Autism spectrum disorders (ASD); Traumatic brain injury (TBI); Epilepsy; Foetal
alcohol syndrome disorder (FASD).” See Lynch N, Neurodisability in the Youth Justice System in New Zealand: How
Vulnerability Intersects with Justice, 2016, p 5 n 7, http://neurodisabilitiesforum.org.nz/wpcontent/uploads/2016/05/Neurodisabilities-Forum-2016-Report-1.pdf
87
Dyslexia Foundation of New Zealand, http://www.dyslexiafoundation.org.nz/info.html accessed September 2015
88
Lynch N, Neurodisability in the Youth Justice System in New Zealand: How Vulnerability Intersects with Justice, 2016,
p7
89
Paragraphs 91-94 and 112
90
https://www.health.govt.nz/our-work/diseases-and-conditions/fetal-alcohol-spectrum-disorder
91
FASD Action Plan Hui: “What’s in the forecast?” Jet Park Conference Centre, Mangere, 18th April 2019, p 6,
http://www.ahw.org.nz/Portals/5/Resources/Fannz%20documents/2019/FASD%20Action%20Plan%20Hui%2018_04
%20Feedback%20Summary.pdf
92
http://nzchildren.co.nz/
93
http://nzchildren.co.nz/
86
18