18. An Action Plan “Taking Action on Fetal Alcohol Spectrum Disorder 2016–2019” (the Action Plan) has also been developed by the Government in consultation with FASD-CAN.23 The Action Plan is a cross-agency framework which the MoH website said would be implemented over three years. The goals of the Action Plan are on prevention and enabling people with FASD and their whānau to live the best possible lives. The Action Plan includes four priority areas (prevention, early identification, support, and evidence), with initiatives that aim to improve diagnostic capability, reconfigure existing child development support, improve support to parents of children with FASD, and to undertake research on what an effective system-wide approach to FASD would look like. While the Action Plan is commendable, it has not been fully implemented despite the three-year timeframe having expired, and those areas that have been implemented were not prioritised by whānau nor co-designed with those affected. There has been no partnership or consultation with Māori. Of particular concern is that little attention has been given to appropriately supporting people with FASD and their whānau. Consideration has also not been given to the adult FASD population, who now often have their own children. 19. Over the past year, the Disability Rights Commissioner, along with the Children’s Commissioner, has reported to the Prime Minister on FASD, and met and exchanged correspondence with Ministers on the issue of the support that is needed for those with FASD.24 Caregiver groups and professionals have also been active in raising the need for support for those with FASD. A claim has also been made to the Waitangi Tribunal regarding disproportionate harm caused to Māori from the introduction and regulation of alcohol, particularly in relation to FASD.25 Despite all this, the government has still made no timebound commitment to recognising people with FASD as a population group, or as a disabled people entitled to all the rights and protections of the CRPD. 20. The lack of supports for those with FASD and their whānau has a significant impact on the full realisation of their CRPD rights. Moreover, it can have serious ramifications for individual and whānau well-being and cohesion and, too often, lead towards health issues (including mental health and addictions, and poor health outcomes for caregivers), a lack of accommodation in education, social issues (including homelessness), unemployment, and engagement with the criminal justice system.26 Access to better supports would make a fundamental difference to the lives of people living with FASD and their whānau and could change the trajectory for many. 23 24 25 26 Ministry of Health “Taking Action on Fetal Alcohol Spectrum Disorder: 2016–2019: An action plan” (16 August 2016). The Disability Rights Commissioner and Children’s Commissioner both have a statutory mandate to report to the Prime Minister on certain matters. See HRA, s5(2)(k) and Children’s Commissioner Act 2003, s12(1)(k). This statutory mandate is not used often and invoked only where concern is of sufficient magnitude to warrant bringing to the attention of the Prime Minister. This claim is part of a broader inquiry into breaches of Te Tiriti o Waitangi in health services and outcomes for Māori: the Wai 2575 Health Services and Outcomes Kaupapa Inquiry. See Stuff NZ ‘Disordered The shame of how New Zealand treats people with FASD (March 2022). 8