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.
10. In light of such developments the Optional Protocol to the CRPD has particular
significance, both symbolically and practically, for disabled people in New Zealand. The
Commission notes that the government has stated, in its reply to the LOI, that it has
begun the treaty examination process with a view to acceding to the Optional Protocol.
The Commission welcomes this commitment.
General Obligations (Article 4)
11. Over the past 12 – 18 months there has been a significant shift in the way in which the
government engages with disabled people around decisions that affect them. The
government’s response to the LOI accurately reflects these developments.
12. The Commission commends the government for its commitment to developing an
approach to engagement with Disabled Peoples Organisations (“DPOs”) founded on
partnership, transparency and respect. Such an approach presents significant
opportunities for disabled people to inform and enhance government priority setting,
policy development and practice. The Commission is particular encouraged that the
principles of engagement agreed between DPOs and the Chief Executive’s group will be
progressively embedded across all government agencies from June 2014.
13. The govt notes in its response that targeted funding for IMM partners continues.
However, targeted funding for the Commission to perform its IMM role has been
discontinued. The Commission is now required to undertake its functions in relation to
the IMM within pre existing baseline funding.
B. Specific Rights
Equality and non-discrimination (art. 5)
Discrimination complaints data
14. The Commission is mandated under the HRA to receive complaints of discrimination on
the grounds of disability. Complaints can either relate to discrimination in the private
sector (Part 2 of the HRA) or to discrimination in the public sector (Part 1A of the HRA).
15. The primary function of the Commission in relation to complaints is to facilitate the
resolution of disputes in the most efficient, informal, and cost effective manner. The
HRA envisages a variety of ways in which the Commission can assist in resolving a
complaint. This includes the provision of information, mediation or other assistance. The
Commission does not make a determination as to the merits of a complaint, nor does it
provide – or recommend – specific remedies. Rather it acts as a facilitator to resolve
matters that come before it.
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