Dyson Ruth: Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill — First Reading 
Dyson Ruth: Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill — First Reading 
[Volume:648;Page:17280] 
Hon RUTH DYSON (Minister for Disability Issues) 
: 
 I move  
That the Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill be now read a first time. 
 At the appropriate time I will move that the Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill be referred to the Justice and Electoral Committee for consideration. 
This bill forms part of the steps that will enable New Zealand to ratify the United Nations convention. The bill will do two things. It will amend various legislative provisions that are considered to be inconsistent with the convention and secondly it will amend the Human Rights Act 1993 to clarify the scope of its provisions enabling a person to refuse to accommodate a person’s disability in certain areas of activity. The bill does not itself provide for ratification but instead it removes obstacles from this path. 
Historically New Zealand has set a high standard for ratification of international human rights treaties. We ratify only when the Government is satisfied that our laws policies and practices are not inconsistent with the treaty at issue. Since the release of the New Zealand Disability Strategy in 2001 there has been sustained progress by Government departments and agencies in removing barriers that prevent disabled people from participating in society. New Zealand has received international recognition for our efforts. 
Since 2002 New Zealand has been a leader in negotiations on the convention. We worked in partnership with disabled people in shaping the convention. This included ensuring that disabled people were part of our official delegation to the United Nations. We were able to use our experiences domestically with the New Zealand Disability Strategy to inform our contribution to the convention process. I was honoured to represent New Zealand at the United Nations on 30 March last year where I signed the convention along with 80 other States. This was the largest number of States ever to sign a human rights treaty on the same day. Since then I understand that 129 States have signed the convention and 28 States have ratified it indicating very strong global commitment. 
The convention does not create new rights for disabled people. Instead it builds on conventional understandings of what is required to implement existing human rights as they relate to disabled people. The convention provides practical guidance on the implementation of those rights both immediately in the text and over time through the regular periodic reporting process to the United Nations. Given the level of activity already undertaken to implement the New Zealand Disability Strategy and our human rights obligations no one in the House will be surprised that an assessment by Government agencies showed that New Zealand policy and practice does not present any substantial issues of inconsistency with the convention. 
Some domestic enactments require primarily minor and technical amendments before ratification can proceed. The bill proposes these legislative changes in two parts. Part 1 amends the Human Rights Act 1993. Discussion amongst officials indicated that the Human Rights Act is not sufficiently clear about prohibitions relating to discrimination. The proposed amendments will mitigate any risk of ambiguity. Specifically the amendments clarify that partnerships professional and trade associations qualification and vocational bodies educational establishments and dealers in land housing and accommodation are required to accommodate or to take account of the needs of disabled people to an extent that is reasonable. By definition reasonable accommodation does not impose an undue burden on those needing to make adjustments to accommodate disabled people. This is not a new obligation. 
Part 2 of the bill contains amendments to various enactments that are concerned with disqualification from certain public offices where a person is mentally disordered within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992. This is an inappropriate and unintended use of the Act which has no mechanism for determining legal capacity or capability to undertake a role or function. Although there is no problem with the Act itself status under the Act should not be used as a proxy for determining capacity. 
The amendments in Part 2 either do away with automatic disqualification for mental disorder or replace it with a test based on the exercise of certain powers under the Protection of Personal and Property Rights Act 1988. Different amendments were required for the various enactments depending on whether the enactment already included an alternative test for incapacity. Part 2 also repeals two inconsistent provisions relating to the hospital rates of social security benefits and New Zealand superannuation. 
As a result of activity to remove barriers to participation by disabled people the Government considers there will be minimal financial costs incurred by New Zealand as a result of ratifying and then implementing the convention. The monitoring process already in place for the New Zealand Disability Strategy will be adapted to meet the convention’s different reporting requirements. There is widespread support and high expectation in the domestic disability sector that we will ratify the convention quickly and take a leading role in its implementation. 
I appreciate the support of other parties in the House to expedite the passage of this bill. Ratification of this the most significant United Nations human rights treaty of the new millennium will add to New Zealand’s strong role in the United Nations as a human rights champion. I pay tribute to the many people and organisations that made the convention happen officials both current and past disabled people and disability sector representatives. I thank my colleagues in the House for supporting and assisting the passage of the bill and I commend this bill to the House.