8.REP 23 2 082 Accessibility for New Zealanders Bill Update redacted copy.pdf

Report

Date:
23 February 2023
Security
IN CONFIDENCE
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Level:
To:
Hon Priyanca Radhakrishnan, Minister for Disability Issues  Act
Accessibility for New Zealanders Bill - Update
Purpose of the report
1
Further to the report dated 8 February 2023 [REP/23/2/037] and your
meetings with officials on 13 February 2023, this report responds to your
request for more information on the Accessibility for New Zealanders Bill (the
Bill).
Information
Executive summary
2
MSD has recently provided advice regarding the status of the Accessibility for
New Zealanders Bill. A report to you on 8 February 2023 [REP/23/2/037] set
out a brief outline of work on the Bill.
3
In addition, it noted that implementing the Bill would require Budget funding,
Official
but MSD was not invited to submit a bid through Budget 23. MSD sought your
decision on whether to pause or withdraw the Bill should funding not be
secured.
the
4
You requested further advice on the history of the work programme that has
led to the Bill. The key reasons chosen for an ‘enabling’, non-regulatory,
progressive framework were:
under
4.1  The government chose the option for a structure of leadership to lead
a consistent methodology to improve current legislative frameworks
and make other policy recommendations. A new regulatory system for
accessibility would take a long time to produce and will likely lead to
duplication with other regulatory systems. Other jurisdictions with this
approach have faced challenges with timeliness and managing
expectations
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4.2  A ministerial advisory committee was chosen rather than an
independent commission as it better balanced independence with
proximity to government and influence. The ministerial advisory
committee is intended to work with the Minister for Disability Issues
and Whaikaha’s Chief Executive to lead cross-government change
1

4.3  Within the chosen timeframes and system, enforceable standards and
stronger obligations on government (for example, targets) were not
feasible. However, changes to existing regulations and standards, and
recommendations for the establishment of new regulations or
standards is within scope of the proposed Bill. This approach can be
reassessed after the Bill’s first review period.
5
The Bill is at the Select Committee stage. The Select Committee is currently
hearing oral submissions and is due to report back to the House in May 2023.
While most submitters support the introduction of accessibility legislation,
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there is significant opposition to the framework and level of ambition of the
proposed Bill.
Act
6
As part of the Select Committee stage, MSD’s Departmental Report is
currently due on 13 March 2023, and it is required irrespective of your
decision on whether to proceed with the Bill. If you wish to continue to
progress the Bill, officials will work with your Office to identify
recommendations for Cabinet consideration.
7
Should you agree to pause or withdraw the Accessibility Bill, we recommend
that you inform Cabinet of your intent. Officials would also work with your
office on a communications plan to inform the public and manage community
Information
expectations.
Recommended actions
It is recommended that you:
1
note that officials await your response on the future of the Accessibility for
Official
New Zealanders Bill [REP/23/2/037]
2
note that MSD is obliged to complete a Departmental Report to the Select
Committee before 13 March 2023
the
3
note that, if you decide to progress the Bill, you may need to return to
Cabinet to seek approval for MSD to make recommendations in the
Departmental Report that go beyond previous Cabinet decisions
[SWC-21-MIN-0145 and SWC-22-MIN-0047]
under
4
agree that, should you wish to continue to support the Bill and seek funding,
officials will work with your Office to identify recommendations for Cabinet
consideration
Agree / Disagree
5
agree that, should you wish to pause or withdraw the Bill, officials will work
with your Office to draft an update to Cabinet
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Agree / Disagree

Accessibility for New Zealanders Bill - Update
2

6
note that, should you wish to pause or withdraw the Bill, officials will work
with your Office on a communications plan to inform the public and manage
community expectations
7
note, notwithstanding other decisions, officials will work with your Office on
recommendations considered to be within legislative scope and Cabinet’s
existing mandate in order to complete the Departmental Report.

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Act

Julia Bergman

Date
General Manager
International, Disability, and Generational
Policy

Information

Hon Priyanca Radhakrishnan

Date
Official
Minister for Disability Issues
the
under
Released

Accessibility for New Zealanders Bill - Update
3

MSD has recently provided advice regarding the status of the
Accessibility for New Zealanders Bill
8
The Accessibility for New Zealanders Bill (the Bill) was introduced to address
systemic accessibility barriers in New Zealand. It aims to do so by
establishing a ministerial advisory committee as part of a leadership system
to drive change across government and New Zealand.
9
The Bill was introduced to the House on 28 July 2022 and passed its first
reading on 2 August 2022. It has been referred to the Social Services and  1982
Community Select Committee for consideration, who have been receiving and
hearing submissions on the Bill.
10  A report to you on 8 February 2023 [REP/23/2/037] set out a brief outline of
Act
work on the Bill. In addition, it noted that implementing the Bill would require
Budget funding, but MSD was not invited to submit a bid through Budget 23.
11  Next steps were proposed in the report and your decision was sought on
whether to pause or withdraw the Bill should funding not be secured through
alternative means. If you wish to continue to progress the Bill, officials will
work with your Office to identify recommendations for Cabinet consideration.
12  Should you agree to pause or withdraw the Accessibility Bill, we recommend
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that you inform Cabinet of your intent. Officials would also work with your
office on a communications plan to inform the public and manage community
expectations.
13  In the meantime, the Bill is proceeding via Select Committee, which is due to
report back to the House on the Bill by 16 May 2023. More details of the
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Select Committee process are provided below.
Further background to the selection of the enabling framework as
Cabinet’s preferred option to progress accessibility
the
14  You requested further advice on the history of the work programme that has
led to the Bill. A summary table at Appendix 1 sets out an overview of the
key decisions and analysis that led to the current legislative model.
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Access Alliance / Access Matters
15  Originally referred to as Access Alliance until changing its name in mid-2022,
Access Matters began as a collective of 12 disability sector groups. This
included Disabled People’s Organisations, disability service providers,
disability community organisations, and disability advocates. Its primary
purpose is to advocate to the government to commit legislation as the first
step in the development of new standards and regulations for various
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domains of life.
16  Access Matters has 13 key principles for accessibility legislation. Some, but
not all, of these principles are met by the Bill. A table of the 13 key principles
is attached as Appendix 2.

Accessibility for New Zealanders Bill - Update
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17  Over the last few years, Access Matters’ membership has grown to include
more than 20,000 individuals and organisations from the disability and
neurodiversity sectors. As evidence of its increasing support, on 22 February
2023, Access Matters submitted a petition to Parliament to argue for stronger
accessibility legislation. The petition, which garnered more than 14,500
signatures, asks for the Bill to be strengthened to include standards, a
regulator, a barrier notification system and a disputes resolution process. The
petition is separate to the Select Committee process.
Cabinet agreed to introduce accessibility legislation following longstanding 1982
community advocacy
18  Disability communities in New Zealand have consistently called for  Act
accessibility legislation that enables disabled people, tāngata whaikaha,
whānau whaikaha Māori, and others with accessibility needs to live
independently and participate fully in all aspects of life, on an equal basis with
others.
19  On 3 December 2018, Cabinet agreed to commence the design of an
approach to achieve a fully accessible New Zealand that will include
understanding the feasibility of using legislation that provides for standards
and codes of accessibility [CAB-18-MIN-0591 refers].
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20  In February 2019, MSD and Access Alliance formed a partnership to explore
how to accelerate progress on accessibility in New Zealand. Access Alliance
met with the then Minister for Disability Issues, Hon Carmel Sepuloni,
quarterly. Between February and April 2019, MSD facilitated workshops with
a range of key stakeholders impacted by the accessibility work programme.
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21  Following this, officials presented policy advice towards standalone legislation
as a framework for the prevention and removal of barriers and accessibility
the
standards [SWC-20-MIN-0074]. MSD officials advised that it was not feasible
or practical to set targets or deadlines for accessibility standards in New
Zealand due to:
21.1  limited data and information on accessibility in New Zealand
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21.2  lessons from the experience of Ontario, Canada, which showed that
setting legislative targets can create unrealistic expectations that are
difficult to meet.
22  Officials recommended a more flexible model, as it would:
22.1  allow for a progressive approach over time
22.2  enable obligated parties to understand and adopt efficient or
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22.3  have the ability to adapt to changes in society.
23  The Access Alliance understood this reasoning but maintained their
requirement for enforceable standards, targets, and deadlines. MSD and

Accessibility for New Zealanders Bill - Update
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Access Alliance found a middle ground, agreeing on periodic reviews for the
accessibility framework in legislation.
24  Cabinet agreed to a progressive approach and to introduce legislation in
June 2020 [SWC-20-MIN-0074 and CAB-20-MIN-0295 refer].
A central enabling framework was developed for progressively removing
systemic accessibility barriers
25  Officials recommended to the then Minister that an enabling framework
represented by the current Bill would be most likely to achieve a cohesive
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structure of leadership to drive change. Rather than creating a new
regulatory system, it would provide a cohesive way to improve current
legislative frameworks (for example, the Building Act) and avoid the risk of
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duplicating legislation and regulations.
26  Consultation with policy, regulatory, and private sector experts was carried
out in 2021 (see Appendix 4). This consultation informed the high-level
legislative approach, including through the following themes:
o  Strong, independent leadership is needed to champion accessibility
and drive change. This would need to be balanced with ‘influence’ –
the ability to be ‘inside the tent’ and affect change
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o  A broad range of interventions will be required to remove
accessibility barriers, including education and awareness raising
o  Legislation needs to be enabling and future focused
27  The leadership structure chosen needed to find this balance between
‘independence’ and ‘influence’ and be practical to set up. By contrast, a new
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crown entity would be costly and time-consuming to establish.
28  In October 2021, the then Minister updated Cabinet on her preferred
approach [SWC-21-MIN-0145 and CAB-21-MIN-0395 refer]. The model
the
included:
28.1  Introducing an independent accessibility board led by disabled people
and focussed on providing independent advice and information on the
barriers that prevent disabled people from realising their right to full
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participation in society
28.2  Clear Ministerial responsibility that sets objectives and initiatives,
recommends, implements, and promotes accessible policies,
programs, and projects
28.3  Designating a chief executive, operating in a similar fashion to a
public service functional lead, responsible for accessibility to mobilise
Released resources from across government, raise the profile of accessibility
across the public service, and ensure disabled people are involved and
leading across the system.

Accessibility for New Zealanders Bill - Update
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29  Cabinet also acknowledged that a Bill will not achieve enduring or significant
progress on accessibility alone. It will need to be enacted alongside non-
legislative measures, such as raising awareness, education, and training to
ensure a holistic approach. In addition, progress on addressing accessibility
barriers would require prioritisation and investment by successive
Governments.
30  The proposed model did not align with all of the Access Alliance’s principles
(Appendix 2). As such, the formal partnership between the government and
the Access Alliance ended, so that the Access Alliance could pursue and
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advocate for their preferred model.
The detailed design was informed by community consultation
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31  From late 2021 to early 2022, officials met with targeted disability community
and interested groups on some aspects of the legislation to inform the
detailed design of the accessibility framework (See Appendix 4). Participants
were largely positive about the idea of legislation, but a number of groups
maintained that the legislation must have “teeth” (i.e., a regulatory
framework) for progress to be achieved.
32  Other key themes from engagement included the:
•
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need for the framework to take a broad, aspirational view of accessibility
and a holistic approach to addressing barriers
•
importance of having disabled people with a broad range of experiences
and skills on the ministerial advisory committee, including, for example,
knowledge of government systems, knowledge of tikanga Māori and Te
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Tiriti o Waitangi, disability research, advocacy and policy experience
•
need for broad representation on the ministerial advisory committee –
including disabled people, Māori, Pacific peoples, urban/rural
the
representation, a range of ages, and families and whānau of disabled
people
•
importance of disabled people being involved in the nomination and
appointment of ministerial advisory committee members
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•
need for the ministerial advisory committee to engage with all groups of
people impacted by accessibility barriers – for example, disabled people,
families and whānau of disabled people, older people, and parents with
young children.
33  In May 2022, Cabinet agreed to the detailed design of the legislation
[SWC-22-MIN-0047 refers] which can be seen in the Bill.
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34  In July 2022, Cabinet approved the Accessibility for New Zealanders Bill for
introduction, subject to support in the House of Representatives
[CAB-22-MIN-0040 refers].

Accessibility for New Zealanders Bill - Update
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35  The Bill was introduced to the House on 28 July 2022 and passed its first
reading on 2 August 2022. Select Committee is due to report back to the
House on the Bill by 16 May 2023.
36  Although legislation is not needed to introduce a ministerial advisory
committee, it was progressed to ensure accessibility would remain a priority
for future governments and progress could be achieved over time. In
addition, legislation would represent an important signal to the disabled
community and the public, more broadly, that the government recognised
broad changes are required to improve accessibility.
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Overview of Select Committee process
37  The Bill is currently at the Select Committee stage, and over 500 submissions
Act
were received between 14 August 2022 and 7 November 2022. The
Committee is currently hearing oral submissions and is due to report back to
the House in May 2023. Through the process, the Select Committee has
asked officials to provide advice on a number of issues raised during
submissions.
38  Officials are preparing a departmental report (see below). MSD officials
understand that the Select Committee process must be completed in order to
address submissions, but the Bill can be paused (not progressed to its Second
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Reading) or withdrawn before the Second Reading. You have been asked to
make a decision on these options [REP/23/2/037 refers].
The public submissions reveal significant opposition to the chosen
framework
Official
39  The A3 (attached as Appendix 5) summarises the written public submissions
to the Select Committee. 514 unique submissions have been submitted. While
a majority of submitters support the intention of the Bill, the majority would
the
like it to include a different model1. Of those with a stated position, 91%
sought a different framework to advance accessibility, and their proposals
(e.g., regulatory regime, co-governance, legislative and enforcement powers
for the ministerial advisory committee) would involve a complete redrafting of
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the Bill.
40  In analysing the changes sought within each submission,2 officials have
assessed whether suggested actions are within legislative scope and the
enabling framework as agreed to by Cabinet. The diagram below provides an
overview of how submissions were assessed and organised.
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1 Noting 47% of total submitters used the words “I support the Bill” or “I support the Bill in
principle.”
2 Noting that submitters are not required to propose changes, and that submitters that chose to do
so suggested multiple changes.

Accessibility for New Zealanders Bill - Update
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Could the Select Committee consider recommending this  change as an
amendment to the Bill?
Change is not consistent with a
Change is consistent with a
Ministerial advisory committee
Ministerial advisory committee
Change is relevant to whether the
Bill should be progressed. The
Analysis required
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submission will be acknowledged
but not analysed
Act
Is the change consistent with Cabinet's decisions?
Change is not consistent
Change is consistent
Cabinet's approval would be
Analysis conducted and MSD may
required before MSD may
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recommend the change in its
recommend the change in its
Departmental Report
Departmental Report

41  Legislative scope is determined by Standing Order 300(1): the Select
Committee may only recommend amendments that are "consistent with the
principles and objects" of the Bill. In the context of this Bill, the principles and
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objects are to establish a Ministerial advisory committee. Any amendments
that would change the nature of that body, or would be inconsistent with an
advisor to the Executive, would go beyond an amendment to the Bill and
the
amount to redrafting it.
42  Oral Hearings will continue until 8 March 2023 (subject to delays). It is
possible that further changes will be recommended by submitters during the
oral hearing processes.
under
43  At the time of this Report, key findings include:
43.1  the changes sought by submitters are largely outside the original
legislative scope. The majority of submitters want to see system change
across the public and private sectors, and they, therefore, do not
believe the Bill goes far enough to address the needs of disabled
people, tāngata whaikaha Māori and their families and whānau, and
others with access needs.
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43.2  Page 3 of Appendix 5 shows the changes sought by submitters that are
within legislative scope but would require Cabinet approval prior to MSD

Accessibility for New Zealanders Bill - Update
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making a recommendation. Issues that would raise questions of
constitutionality are identified.
44  Initial analysis has identified te Tiriti o Waitangi issues as a key area. Many
submitters expressed support for the provisions relating to te Tiriti. There
are, however, some submissions that suggest changes to better observe te
Tiriti:
44.1  Co-governance (such as a co-chair Māori, or equal representation
between Māori and non-Māori representatives on the Ministerial
advisory committee)
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44.2  A stronger role for the Māori nominations panel
44.3
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  Additional monitoring and review requirements to ensure the framework
upholds te Tiriti and reflects tikanga, te ao Māori, and the experiences
of tāngata whaikaha Māori and their whānau
44.4  Replacing the requirement for the Committee to have “knowledge of” te
Tiriti of Waitangi/the Treaty of Waitangi, te ao Māori, and tikanga Māori
with “lived experience” instead.
45  If you decide to progress with the Bill, we anticipate seeking Cabinet’s
approval to recommend amendments to the Bill in light of these submissions.
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46  Summaries of the submissions received from Access Matters Aotearoa,
Disabled Peoples Organisations, and public sector entities are included in
Appendix 3.
Departmental Report
Official
47  The Departmental Report is due to Select Committee on 13 March 2023, and
it is required irrespective of your decision on whether to proceed with the Bill.
48
the
  The content of the Report, however, will be dependent on your decision. For
instance, in the event that the decision is made to withdraw the Bill, the
Report will focus on acknowledging the submissions received and the
suggestions made, and it will suggest changes that could be made to the Bill
within Cabinet’s previous mandates. However, it would not include any
under
recommendations to be made to Cabinet regarding the legislative model. In
this case, officials will work with your office to make minor recommendations
in the scope of Page 3 of Appendix 5.
49  As the last date for oral submissions is planned for 8 March, officials are
considering seeking an extension to the Departmental Report and will keep
your office updated.
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50  Analysis of the submissions is continuing while drafting of the Departmental
Report is in the early stages. The Report will likely be structured into four
sections: the context and background to the bill, quantitative analysis of the
submissions, qualitative analysis, and a clause-by-clause analysis including
MSD’s recommendations for amendments.

Accessibility for New Zealanders Bill - Update
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Next steps
51  Officials await your response on the future of the Accessibility for New
Zealanders Bill [REP/23/2/037].
52  If you agree to progress the Bill, we recommend you speak to the Minister of
Finance with the aim of being invited to progress a Budget bid in Budget
2023.
53
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  If you agree to withdraw the Bill, MSD and Whaikaha officials will work with
your office to discuss a way forward, including overall stewardship of
accessibility policy becoming the responsibility of Whaikaha. In addition, we
Act
will engage Communications to prepare proactive and reactive media lines.
54  If you choose to either pause or withdraw the Bill, we recommend that you
inform Cabinet of your decision. Officials will also work with your office on a
communications plan to inform the public and manage community
expectations.
55  Officials continue to support the Bill through the Select Committee and
drafting the Departmental Report.

Information
File ref: REP/23/2/082
Authors: Tessa Bardsley-Scott and Jo Welson, Policy Analysts, Disability Policy
Responsible manager: Julia Bergman, General Manager, International, Disability,
and Generational Policy
Official

Attached appendices
the
•  Appendix 1: Timeline of decisions leading to the Bill
•  Appendix 2: Access Matters’ 13 key principles for accessibility legislation
•  Appendix 3: Summaries of Select Committee submissions of particular note
•  Appendix 4: Consulted parties 2021-2022
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•  Appendix 5: Summary of submissions
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Accessibility for New Zealanders Bill - Update
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the
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Appendix 2: Access Matters’ 13 key principles for accessibility
legislation
Access Alliance Principles
Met by government proposal? How?
1. The Act applies to all:
Yes.
The Act will cover all persons with disabilities,
The legislation will apply to everyone in New
whether their disability is considered physical,
Zealand.
sensory, cognitive, communication or mental
No disabled people will be excluded from
health related and will include visible, invisible,
participating in the work undertaken to
permanent or episodic conditions. The definition
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used will be the same definition as the United
address barriers to participation.
Nations Convention on the Rights of Persons
with Disabilities.
Act
The Act will apply to all government
departments, crown corporations, companies,
organisations and any other entity that is
regulated by statute. The Act will apply also to
key private and corporately owned
organisations operating in New Zealand. These
principles will refer to affected organisations as
obligated parties.
2. The Act sets a timeline:
Not met.
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The goal of the Accessibility for New Zealanders  The system established will be based on
Act is to greatly improve the accessibility of
progressive realisation and continual
New Zealand within a specific and clearly
improvement, rather than specifying a date
defined deadline set by the legislation. This
for New Zealand to be fully accessible.
timeline will begin immediately upon the Act
The legislation will be reviewed at regular
passing into law and will include checkpoints at
points to assess whether it is working well.
regular intervals until existing and on-going
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access barriers are removed. This is the
principle of progressive realisation.
3. The Act sets the bar:
Yes, partially.
the
The Accessibility for New Zealanders Act will
The legislation enables accessibility to
build on all other disability and human rights
become woven into existing laws, including
legislation, regulations or policies which provide  existing regulatory and enforcement
lesser protections or entitlements to those with
regimes, and supports the development of
a temporary or permanent impairment. It will
new policies and approaches.
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protect and build rights that have already been
It will complement all other disability and
earned.
human rights legislation.
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4. The Act provides accessibility in all
Yes, over time.
areas of life:
The legislation enables progressive review
The Act will require all obligated parties to
and action across key areas of life to support
become fully accessible over time. This means
greater accessibility in New Zealand.
providing accessibility in all areas where
impairment intersects with the organisation. It
means removing existing obstacles and
preventing the creation of new obstacles. These
obstacles may include, but are not limited to,
physical, legal, information, communication,
attitudinal, technological or other barriers.
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(Note: standards will provide for compliance
thresholds.)
5. The Act sets policy:
Yes.
Act
The Accessibility for New Zealanders Act will
The legislation will directly create a policy
influence and affect the development and
work programme focused on addressing and
implementation of public accessibility policy,
removing barriers to accessibility.
thereby enhancing and improving access to a
full range of goods, services and programmes

not currently available to persons with
temporary or permanent impairment,
difference, or disability in New Zealand.
6. The Act champions access to all goods,
Yes, partially.
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services and facilities:
The legislation will directly create a policy
The Act will require all obligated parties to
work programme focused on addressing and
ensure that their services and facilities are fully
removing barriers to accessibility.
accessible by persons with disabilities, based on  Work to ensure services and facilities are
principles of universal design and the provision
fully accessible can be undertaken as part of
of reasonable accommodations. Obligated
parties will be required to develop and
the enabling framework.
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implement detailed plans to ensure accessibility
within their organisations. Accessibility will be
part of a ‘business as usual’ approach.
the
7. The act champions accessible
Yes, partially.
workplaces, employment, education, and
The legislation will directly create a policy
government agencies:
work programme focused on addressing and
The Act will require organisations to take
removing barriers to accessibility.
proactive steps to provide obstacle-free
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Work to ensure employers provide barrier-
workplaces and provide changes that will
free workplaces, education providers offer
accommodate people in their employment,
accessible places of study, or ensuring the
including for job opportunities. Employers will
justice sector removes navigation barriers
be required to develop and implement plans to
can be undertaken as part of the enabling
remove existing workplace and employment
obstacles and to prevent new ones from being
framework.
put in place. Education providers will ensure

that places of study and all study resources are
fully accessible. The same will apply to the
Released
Justice sector where accessibility is often a
barrier to successfully navigating, and where
neurodiversity is not often visible and therefore
not taken into account.

Accessibility for New Zealanders Bill - Update
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8. The Act will charge government with the  Yes, partially.
responsibility to lead, educate, train,
The accessibility system will increase
inform and review:
government responsibility for and leadership
The Act will require government to lead the
of accessibility through increased
country toward achieving the goals of the Act
expectations on Ministers and a designated
and fulfilling its mandate. The Act will require
Chief Executive.
government to provide education, information
The policy work programmes will need to
and resources to assist regulated businesses
consider the supports required to
and organisations to comply with the access
successfully address and prevent barriers to
requirements. The government will be required
to appoint an independent person to periodically  implementation.
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review and publicly report (at regular intervals)
The regular review of the proposed Act
on progress towards the goal of full
provides an opportunity to assess our
accessibility.
progress to accelerating accessibility.
Act
9. The Act is enforceable:
Not met.
The Act will provide for a prompt, independent
The legislation will not have direct
and effective process for enforcement. This will
enforcement mechanisms but will allow for
include a comprehensive and clearly defined
the creation of enforcement within existing
avenue for persons with disabilities who
legislative and regulatory regimes as part of
encounter obstacles which are in violation of the  the broader accelerating legislative
legislation to raise and submit complaints to
framework. Addressing non-compliance will
enforcement officials.
continue to be the responsibility of the
Ministry that administers those legislative
and regulatory regimes.
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The Accelerating Accessibility system will
allow for a notifications mechanism.
10. The Act is made real through
Not met.
regulations:
The legislation will not have direct
The government will be required to make
enforcement mechanisms but will allow for
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regulations that clearly define the steps needed  the creation of enforcement within existing
for full compliance under the Act, and it will be
legislative and regulatory regimes to achieve
independently reviewed at a minimum of every
accessibility objectives where that is
four years. It will be open to recommendations
considered appropriate.
the
made on an industry-by-industry or sector-by-
The legislation will enable and support
sector basis. This will include a requirement
changes to be made to existing regulations
that input be obtained from persons with
or where none currently exist look to
disabilities and impairment, and the
organisations supporting them as part of these
recommend necessary change.
reviews.
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Accessibility for New Zealanders Bill - Update
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11. The Act will ensure public funds are
Yes, partially.
not used to create or perpetuate obstacles
As the legislation sets out an enabling
to full accessibility in all areas of life:
framework, work to ensure public money is
The Act will require that the government
not used to create or perpetrate
ensures that no public money is used to create
inaccessibility for persons with disabilities
or perpetuate inaccessibility for persons with
can happen under that framework.
disabilities. Government departments, agencies,
and crown corporations should be required to
make it a strict condition of funding and finance
for programmes, transfer payments, subsidies,
loans, grants, capital or infrastructure projects
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that no such funds may be used to create or
perpetuate access obstacles. There should also
be a requirement that procurement of goods,
services or facilities be fully accessible to and
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usable by persons with disabilities. The
government should be required to monitor and
enforce these requirements and to periodically
report to the public on compliance with them.
12. The Act is a lens through which to vet
Not met.
legislation:
The legislation will not include a direct
The Act will require the government to review
mechanism for vetting legislation.
existing legislation and regulations identifying
However, it can enable reviews of existing
possible accessibility obstacles and develop
legislation with an accessibility lens given it
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timelines to address the shortcomings. The
is an enabling framework.
government will review all future proposed
legislation and regulations before they are

enacted to ensure accessibility obstacles are not
about to be created.
13. The Act has real force and real effect:
Yes, partially.
Official
The Act must be more than mere window
The legislation will set leadership and
dressing. It’s all about contributing
accountability. It will enable an environment
meaningfully to the improvement of the position  where accessibility is continually prioritised.
the
of persons with temporary or permanent
The system established by the legislation will
impairment, difference, or disability in New
result in real improvements in accessibility
Zealand, enabling them to fully participate and
but will not have direct enforcement
to enjoy community life. It must be
underpinned by effective enforcement
mechanisms.
mechanisms which lead to real effect.
The legislation will allow for the creation of
under
enforcement within existing legislative and
regulatory regimes where that is considered
appropriate.

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Appendix 3: summary of Select Committee submissions of particular
note
The Access Matters Aotearoa submission
56  Access Matters Aotearoa campaigned on submissions to the Bill and created a
template builder to help people make submissions. Numerous individuals and
groups used the template or raise the same issues.
57  Access Matters Aotearoa submits it “supports this Bill” but says “the Bill
needs to be modified with the meaningful input of disabled people and people
1982
with other access needs”. Its support is subject to the below changes:
1.
An extended scope to include persons conducting a business or
Act
undertaking as defined in the Health and Safety at Work Act 2015
2.
Three yearly review of the Act
3.
“Timely accountability” to the House (this relates to the timeframes
in which the Minister must table reports from the independent
review and from the Ministerial advisory committee)
4.
Enforceable accessibility standards
5.
The establishment of an independent regulator
Information
6.
A barrier notification system
7.
A disputes resolution process
58  Of those, “timely accountability” to the House is the only suggested change
that could be feasible within legislative scope.
Official
Summary of submissions from Disabled People’s Organisations (DPOs)
59  Four DPOs made submissions: Association of Blind Citizens New Zealand,
the
Deaf Aotearoa, the Disabled Persons Assembly, and the Disabled People’s
Organisation Coalition. All express support for legislative change but seek
models including an enforceable regulatory framework and a Disability
Commission or crown entity.
under
Summary of the submissions from the public sector
60  The Office of the Ombudsman does not suggest that the Bill be withdrawn but
asks the Select Committee to consider how it might be improved to achieve
the aspirational purpose and title. Suggestions of changes outside of
legislative scope include:
•
Imposing statutory obligations on Whaikaha to create, develop and
revise accessibility standards on an ongoing basis and empowering
Released Whaikaha to recommend accessibility standards to be made into
regulations
•
Reporting requirements on government agencies

Accessibility for New Zealanders Bill - Update
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•
Establishing or empowering an oversight or regulatory body with
statutory functions to review compliance
61  The Human Rights Commission submits that important aspects of the Bill fall
short of giving effect to te Tiriti o Waitangi and giving effect to United Nations
Convention on the Rights of Persons with Disabilities (UNCRPD)
commitments. It suggests a range of changes, some of which fall outside of
legislative scope. These include:
•
expanding the scope of the Ministerial advisory committee to the
private sector
1982
•
requiring the Minister to set enforceable minimum standards for
publicly available goods, services, and facilities through secondary
Act
legislation
•
An additional statutory entity with jurisdiction over breaches of
minimum accessibility standards
•
A requirement that the Ministerial advisory committee report to and
advise a Ministerial leadership group on accessibility, and that a
Ministerial leadership group should be obliged to consider and
respond to the Ministerial advisory committee’s advice
Information
•
A barrier notification system and powers of inquiry
62  The Children’s Commission supports the Bill and seeks a number of changes,
most of which are within legislative scope. The Commission suggests the
powers of the Ministerial advisory committee should be strengthened.
63  Te Hiringa Mahara – the Mental Health and Wellbeing Commission submits
Official
that the Bill should be “substantially strengthened” before it is passed.
64  Toi Aotearoa – Creative New Zealand supports the intention of the Bill but
the
submits “greater detail is required” and that the Bill should be strengthened
to comply with UNCRPD obligations. Suggestions that fall outside of
legislative scope relate to:
•
Enforceable standards for government departments and Crown
under
entities
•
A requirement for government agencies to address accessibility
issues in a timely, proactive and measurable manner
65  New Zealand Law Society submits that the UNCRPD likely requires mandatory
accessibility standards, including enforcement mechanisms and sanctions for
non-compliance. It makes a number of further submissions that fall within
legislative scope.
Released
66  Local government

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66.1  Auckland City Council supports the Bill and suggests changes that fall
within legislative scope and speak to implementation and broader
government priorities.
66.2  Dunedin City Council supports the Bill.
66.3  Hamilton City Council (staff) support the Bill and suggest changes
that fall out of legislative scope, including:
•
provision for easy-to-understand and enforceable accessibility
standards across key areas of life to be developed and implemented
1982
•
an enforcement and regulation regime
•
a regulator
Act
•
a barrier notification system and a disputes resolution process
•
guarantee that public money will not create new barriers
•
mandatory processes for complaints
•
regulated guidelines.
66.4  Queenstown Lakes District Council broadly supports the Bill.
67  Toitu Te Wairoa – Community, Health, Education and Social Services
Information
Workforce Development Council submits that the Bill “is a mere shadow of
what was originally intended by advocates” and suggests four essential
elements are required.  All four are outside of legislative scope: minimum
standards within legislation, an independent regulator, a barrier notification
system, and a disputes resolution process.
Official

the
under
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Appendix 4: Parties consulted before introduction of the
Accessibility for New Zealanders Bill
Parties who provided feedback during engagement by officials and the
Access Alliance before June 2019
Business
Central Government
•
•  ACC
  2Degrees
•
•  Department of Conservation
  Access Advisors
•
•  Department of Corrections
1982
  Accessible Properties
•
•  Department of Internal
  Adecco
•
Affairs
  AECOM
•
•  Electoral Commission
  Air New Zealand
Act
•
•  Housing New Zealand
  BNZ
•
•  Kiwibuild
  Deloitte
•
•  Ministry for Culture and
  Direct Impact Group
•
Heritage
  EVARO
•
•  Ministry for the Environment
  Fidelity Life
•
•  Ministry of Business,
  Geneva Elevator
•
Innovation and Employment
  King Tide Asset Management
•
•  Ministry of Education
  Kiwibank
•
•  Ministry of Health
  New Zealand Asian Leaders
•
•  Ministry of Housing and
  Newton Ross Wealth
Information
Management
Urban Development
•
•  Ministry of Transport
  NZIER
•
•  Ministry for Pacific Peoples
  Precinct Properties
•
•  Ministry for Primary
  ProCARE
•
Industries
  Renaissance Group
•
•  NZ Transport Agency
  Ricoh
Official
•
•  Office for Disability Issues
  SKYCITY Entertainment
•
•  Office of the Children’s
  Somerset Group
•
Commissioner
  Sudima Hotels
•
•  Office of the Privacy
the
  SUPERdiverse WOMEN
•
Commissioner
  The Cookie Project
•
•  Oranga Tamariki
  Tourism Holdings
•
•  Standards New Zealand
  TradeMe
•
•  State Services Commission
  Vector
•
•  Te Puni Kōkiri
  WEL Group
under
•

  Westpac
•
Local Government
  Woolworths NZ
•  WorkBridge
•  Auckland Council

•  Bay of Plenty Regional
Community Groups
Council
•  Christchurch City Council
•  Barrier Free New Zealand
•  Environment Canterbury
•  Brain Injury Association
•  Greater Wellington Regional
Released
•  Carers Alliance
Council
•  Christchurch Youth Council
•  Hamilton City Council
•  English Language Partners
•  Horowhenua District Council
•  Epilepsy NZ
•  Kaikōura District Council
•  Inclusive NZ
•  Marlborough District Council
•  InsideOUT
•  Nelson City Council

Accessibility for New Zealanders Bill - Update
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•  Interpreting New Zealand
•  Selwyn District Council
•  Wellington City Youth Council
•  Timaru District Council

•  Waikato Regional Council
Education Sector
•  Waimakariri District Council
•  Wellington City Council
•  Massey University
•  Whangarei District Council
•  Teaching Council

•  Tertiary Education
Commission
District Health Boards

•  Auckland DHB
Seniors
•  Canterbury DHB
1982
•
•  Capital and Coast DHB
  Age Concern
•
•  Counties Manukau DHB
  Alzheimer’s Wellington
•
•  Hutt DHB
  Blind Foundation
Act
•
•  Northland DHB
  CCS Disability Action
•
•  Waitemata DHB
  Dementia Wellington
•
•  Whanganui DHB
  Kay Jones (Independent
activist)

•
Māori
  Office for Seniors
•  Pete Matchan (Policy
•  Ruth Jones (Kanohi ki te
advocate)
Kanohi)
•  RSA
•  Poihaere Morris (Board
Member, Kapō Māori)
•  Tania Thomas (CEO, Te Ropu
Information
Taurima)

Note: in 2020 and 2021 officials worked in partnership with the Access Alliance
who consulted with their members throughout the process
Policy and regulatory experts consulted in early 2021
Official
•  Brenda Pilott - National Manager of Social Service Providers Aotearoa, National
Secretary, Public Service Association
the
•  Roger Palairet – Chief Legal Counsel, Capital & Coast District Health Board
•  Kerry Prendergast – Former Mayor of Wellington
•  David Smol – former CE MBIE
•  Paula Tesoriero – Human Rights Commissioner
•  Professor Dame Cindy Kiro – Chief Executive of the Royal Society
under
•  Phil O’Reilly – Managing Director of Iron Duke Partners
•  Professor Mark Hickford – Dean of Law Victoria University of Wellington
•  John Whitehead – Former Treasury Secretary
•  Geoff Penrose – General Manager Lifemark
•  Monique Leith – Kāpiti Coast Chamber of Commerce
•  Michael Barnett – Chief Executive Auckland Chamber of Commerce
•  Frank Mclaughlin –Public Law expert

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Targeted groups consulted in 2021-2022

Accessibility for New Zealanders Bill - Update
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Officials met with key disabled peoples’ organisations and interested groups on
detailed design of the legislation. A discussion paper was also sent out to
community groups and organisations seeking feedback. Consulted groups
included:
•
Access Alliance Steering Group
•
Auckland Disability Law
•
CCS Disability Action
•
Disabled Peoples Organisation Coalition
•
Faiva Ora Advisory Group
•
Human Rights Commission
1982
•
Pou Tangata Iwi Chairs
•
Kāpō Māori Aotearoa
•
MOG Working Group
Act
•
National Enabling Good Lives Leadership Group
•
ILead
•
Age Care Association
•
Age Concern NZ
•
Alzheimer’s NZ
•
Arts Access Aotearoa
•
Be. Lab
•
Blind Citizens New Zealand
•
Blind and Low Vision NZ
•
Business Community
Information
•
Carers NZ
•
Disability Leadership Canterbury
•
Cerebral Palsy Society
•
Complex Care Group
•
Deaf Children
•
Deaf Aotearoa
Official
•
Dementia NZ
•
Disabled Person’s Assembly
•
Dyslexia Foundation NZ
•
the

Grey Power
•
IHC Advocacy
•
Inclusive New Zealand
•
Local Government NZ
•
Local Government Policy (DIA)
•
The New Zealander Disability Employers’ Network
under
•
NZ Disability Support Network
•
National Foundation for the Deaf and Hard of Hearing
•
NZ Sign Language Board
•
Parents of Vision Impaired New Zealanders
•
Parent/Whānau Family Network (through ODI)
•
People First
•
Retirement Villages Association
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