Submission of the New Zealand Human Rights Commission to the 18 th session of the Human Rights Council; New Zealand’s Second Universal Periodic Review. • education. 7. In addition to these five key areas a number of specific matters of concern were identified including the need for urgent attention to stop disabled New Zealanders with intellectual/learning disabilities dying up to 23 years before the rest of the population. More than 10 years ago, a National Health Committee report criticised significant health disparities for people with intellectual/ learning disabilities. However, there is little evidence of any progress to address this systemic health abuse. Life expectancy of people with intellectual/learning disabilities remains considerably less than the rest of the population. The Commission welcomes the government’s focus on improving health outcomes for disabled people in the 2014-18 Disability Action Plan. 8. The government responded to the LOI in June this year. The Commission has reviewed the government’s response. This paper seeks to clarify a number of matters raised in the government’s response. In addition it highlights some additional challenges which did not form part of the issues raised in the government’s response. List of issues in relation to the initial report of New Zealand A. Purpose and general obligations (arts 1 – 4) Purpose (art.1) OP CRPD 9. In 2012 the Court of Appeal affirmed that the policy of not paying family carers to provide disability support services to disabled family members constituted unjustifiable discrimination on the basis of family status. In direct response to this decision the government passed the New Zealand Public Health and Disability Amendment Act under urgency3 on 17 May 2013.The Act effectively ousts the Commission’s jurisdiction and removes any potential domestic remedy for unlawful discrimination relating to family care policy.4 The passage of the Act from introduction to enactment in 24 hours with no opportunity for Select Committee Review, a heavily redacted Regulatory Impact Statement and a report from the Attorney General that the Bill breached BORA was greeted with despondency and despair by disabled people.5 3 Meaning that despite there being significant human rights implications, neither the Commission nor the public were able to make submissions on the Bill. 4 It stops people from bringing unlawful discrimination complaints about a family care policy to the Commission. Nor will any proceedings be able to be commenced or continued in any court in relation to discrimination. 5 In August 2013 the Disabled Person’s Assembly (“DPA”) launched a petition to repeal the New Zealand Public Health and Disability Amendment Act 2013. 3