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. commitment to universal design and inconsistent professional competence in designing accessible facilities. 37. In 2013 the government introduced the Building (Earthquake – prone Buildings) Amendment Bill. This Bill includes provision for buildings to be exempted from current building requirements to upgrade disability access and fire access when undergoing earthquake strengthening. The rationale for this is that the cost of implementing the upgrade provisions can operate as an impediment to owners strengthening their buildings, particularly for old or historic buildings. While the Commission acknowledges the need to ensure that New Zealanders are not at undue risk of harm from earthquake prone buildings, it does not believe that the correct balance in realisation of human rights is achieved by the Bill. Furthermore the Commission considers that should the Bill pass into law, it will represent a significant retrogressive step in terms of compliance with article 9 of the CRPD. 38. In December 2013 the government announced a review into building access for disabled people which was due to report back by the end of June 2014. At the time of writing the outcome from the review had not been released. Situations of risk and humanitarian emergency (art.11) Consultation with Disabled people 39. The Earthquake Commission (“EQC”) has developed a programme for prioritising repairs for vulnerable claimants. However concerns have been raised around the appropriateness of inclusion criteria, processes for identifying those who meet the criteria, and the standards of service delivery to prioritised claimants. Some of these concerns could have been mitigated by better and more thorough engagement with DPOs and other community groups. This would have ensured that the rights of disabled people in the residential rebuild are afforded appropriate recognition and protection. Equal Recognition before the law (art. 12) The Protection of Personal and Property Rights Act 1988 40. When New Zealand ratified the CRPD the Protection of Personal and Property Rights Act 1988 (“PPPR Act”) was considered to be compliant and no amendments were made. One of the cabinet papers prepared by the Office of Disability Issues and the Ministry of Foreign Affairs and Trade during the negotiation of the Convention did however, note (in relation to legal capacity and personal representation) that supported decision making did not prohibit the use of personal representatives under the PPPR Act.11 11 Office of Disability Issues and Ministry of Foreign Affairs and Trade Towards a Disability Rights Convention at [25] 9