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.
31. There is an assumption that once 'vulnerable children' are transitioned from family care,
into state care, they will be safe. However, there is substantial evidence of ongoing
abuses in state care. This form of violence is not central to the national violence
prevention programme and it's not adequately picked up elsewhere. There needs to be a
connection between gateway assessments and the particular vulnerabilities of disabled
children entering state care - who are already 3-4 times more likely to have been abused
or neglected than non-disabled children - to prevent compounding abuses over their state
'care' life course and beyond.
Vocational support services to school leavers
32. While the Vocational support service is available to those who have a significant level of
physical, intellectual or sensory impairment, there is no similar provision for school
leavers with severe mental illness and/or drug and alcohol abuse.
Accessibility (art. 9)
The Building Act 2004 and the Building Code
33. The Building Act 2004 (“Building Act”) is a regulatory framework, a licensing regime
and a set of standards for building in New Zealand. Its purpose includes setting standards
to ensure that buildings contribute appropriately to the health, independence and
wellbeing of the people who use them.
34. The principles of the Building Act include the need to provide “reasonable and adequate
provision” for disabled people to “enter and carry out normal activities and processes”
within the building. This principle must be taken into account when performing
functions or duties imposed under the Act.
35. Section 118 of the Building Act requires that all new public buildings must make
reasonable and adequate provision to enable disabled people to visit or work in that
building, and to carry out normal activities and processes, within these buildings. Section
112 of the Building Act relates to alterations to existing buildings. It requires that a
building consent only be granted where a territorial authority is satisfied that the building
will comply as nearly as is reasonably practicable with the building code provisions for
means of escape from fire and access and facilities for disabled people.
36. Nonetheless buildings continue to be built, facilities developed and public spaces
designed that do not comply with universal design principles.10 It is apparent from the
IMM’s monitoring that the problem is caused by a number of factors including
inadequate standards implementing the legal requirements, a lack of awareness and
10
Human Rights Commission, Better Design and Buildings for Everyone: Disabled Peoples Rights and the
Built Environment. Auckland 2012.
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