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. 4

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