Executive summary The Inquiry into the support of disabled people during the Omicron outbreak2 (the Inquiry) was launched on 11 March 2022 and operates under Section 5(2)(h) of the Human Rights Act 1993. The Inquiry is in response to a number of questions raised in media, and in correspondence or other communication with the Disability Rights Commissioner (the Commissioner), about whether the rights of disabled people are being protected during the Omicron phase of Aotearoa’s COVID-19 pandemic response. This first phase of the Inquiry aimed to rapidly gather information from disabled people’s community groups, networks, organisations or rōpū around their understandings of the current experiences of disabled people and their whānau, during the Omicron outbreak.3 The Human Rights Commission (the Commission) approached around 35 organisations and received 30 submissions, for a response rate of over 80%. While the focus of the Inquiry is on the period since Omicron arrived in Aotearoa, information provided in these submissions has, in some instances, related to earlier stages of the pandemic response, including where the impact on disabled people and their whānau has been amplified during the Omicron outbreak. Te Tiriti o Waitangi considerations and the international human rights framework have underpinned all stages of this Inquiry. A close analysis of the submissions received has confirmed the rights of disabled people throughout the Omicron outbreak warrant attention. It suggests that a rights-based approach can help both the current Omicron response, and any future stages of our COVID-19 pandemic response, meet the needs and aspirations of disabled people and their whānau. Submissions made to this phase of the Inquiry Disabled people, tāngata whaikaha Māori, disabled Pacific peoples4 and their whānau and communities have been navigating the shifting challenges of Omicron remarkably. Throughout the submissions made to phase one of the Inquiry, were numerous examples of how disabled people have come together, as whānau, as communities, as rōpū, as networks, and as organisations to share information and resources to support each other. This community response served to highlight the need for tailored information for disabled people, which has not been met by government agencies. Naturally, each submission brought unique perspectives on the Omicron outbreak and on the impacts government action and inaction had on the rights of disabled people. Combined, these submissions shine a light on the need for Te Tiriti o Waitangi consistent, rights-based, approaches in government planning, the absence of which is shown in a perceived lack of participation, partnership 2 Since mid-December, when the first case of the Omicron variant was detected in Aotearoa New Zealand. 3 For the remainder of this report, the term organisation is used to mean community groups, networks, organisations or rōpū 4 The Human Rights Commission recognise that there are various terms for disabled Māori and disabled Pacific peoples used by Māori and Pacific communities. For example, some submissions used the terms Whanau Hauā, Tāngata Turi, disabled Māori, Māori with lived experience of disability, or Tagata Sa’ilimalo. Tāngata whaikaha Māori is the term used throughout this report to refer to Māori with a disability — whaikaha means ‘to have ability’ or ‘to be enabled’. Throughout the information gathering process, submitters were encouraged to use whichever terms resonated most with them. 5