would like to see urgent and serious consideration given to providing better support for people with FASD and their family/whānau. 93. The Australian equivalent of the New Zealand FASD-CAN receives government funding, unlike New Zealand which relies on volunteers. Given the lack of access to wider FASD specialised supports, this places a heavy workload and burden of responsibility on a small number of individuals. A note on other impairment types 94. The Disability Rights Commissioner is approached by other groups raising similar frustration about the eligibility criteria for DSS for their impairment types (for example those living with Attention Deficit Hyperactivity Disorder, Fetal Anticonvulsant Syndrome, Myalgic Encephalomelitis as well as a range of rare disorders). 95. When viewed through a social model of disability and through the definitions of disability above, there is also no basis to distinguish deny access to support for impairment types such as the above. 96. We consider it critical to design a more simplified and streamlined process to challenge or change eligibility criteria. This would prevent the need for prolonged and complex battles by each and every group fulfilling the definitions of disability but excluded from support services. 97. This report focuses on FASD because of the significant benefits of early intervention, numbers of those affected as well as broad societal and inter-generational impacts. FASD could initiate a staged approach to changing the system to make it easier for people more widely to access appropriate supports. 98. It is telling that in the final report of the Health and Disability System Review (2020), it is noted that Disabled people have not been well served by the existing health and disability system. Their health outcomes are worse and the way the disability support system operates is complex and confusing. The Review found that there is wide unexplained variability in the way assessment processes work around the country, and this should be addressed. The Review proposes that disability support becomes an integral part of Tier 1 service planning, funding and provision. Home-based support, in particular, should be assessed by need rather than having eligibility determined by diagnosis. Needs assessment processes need to be more streamlined and less repetitive. 99. Addressing the issues in this report would be a positive step towards greater equity for those currently missing out and for simplifying the system. Conclusion and Recommendations 100. We consider successive governments have fallen short in their obligations to Te Tiriti o Waitangi, international human rights commitments and domestic laws in relation to supporting those with FASD and their families/whānau. 101. We consider New Zealand may be in breach of its international human rights obligations (eg the right to an adequate standard of health as well as the other human rights referred to in paragraphs 52-63 of this report) to those living with FASD and their family/whānau. 13