New Zealand has an Independent Monitoring Mechanism (IMM) developed in accordance with Article 33 of the UNCRPD. It consists of New Zealand’s Rights Commission, the Ombudsman, and the Convention Coalition Monitoring Group. The group is independent from government. However, the IMM is dependent on continued government funding which is not secure. The IMM is responsible for: developing a framework for monitoring and reporting on the implementation of the Disability Convention reporting to the United Nations on the overall implementation of the Disability Convention and on specific issues advocating for specific issues important to disabled people providing advice on legislation, policy and practice affecting disabled people, and producing an annual report to Parliament. The IMM has identified five broad areas that require particular attention to promote social protections for disabled people and the implementation of the UNCRPD. These include: data accessibility building a people-driven system violence and abuse, and education. These areas are discussed later in this report in conjunction with a range of other issues identified as significant gaps in available social protections for disabled people, the implementation of the New Zealand Disability Strategy 2001, the Disability Action Plan 2014-2018 and the UNCRPD. A Māori Disability Leadership Group was established as part of the process of developing the Māori Disability Action Plan 2012-2017 within the Ministry of Health. However, this group does not appear to have a key role on disability issues nor has it been involved in shaping or identifying priorities in the Disability Action Plan Faiva Ora is a national group under the auspices of the Ministry of Health, consisting of influential Pasifika leaders who represent Pasifika disability issues on behalf of Pasifika disabled people. The group advises on the implementation of the Faiva Ora National Disability Plan 2014-2016, provides advice to the Ministry of Health and its Disability Support Services (DSS), and supports community initiatives to reduce stigma and negative attitudes towards Pasifika disabled people.
- & In 2012 the Independent Monitoring Mechanism advised the Executives Group on Disability Issues of the need to work more closely with DPOs, pursuant to Article 4(3). This led to the development of an agreement signed between DPOs and the Chief Executives’ group. A collaborative model has since been applied for the first time in the development of the Disability Action Plan 2014-2018. In addition, four separate working groups, consisting of government officials, DPOs and allied organisations, have been established to provide governance in relation to the four shared results in the Disability Action Plan 2014-2018. the new system is, overall, working well, traditional ‘top down’ models continue in other areas of the health and disability sector. For example, Councils and District Health Boards, have ‘consumer advisory groups’, but not co-leadership. Members of the advisory groups are often not members of a DPO or an organised disability group. The Ministry of Social Development currently has a Health and Disability Long-Term Reference which includes DPOs, disability service providers, a range of government agencies, medical practitioners, and a beneficiary action group. This group focuses on improvements to the social protections programme. The Ministry of Health has a Consumer Consortium that consists of representatives from a variety of disability sector organisations. The Consortium provides input and advice to Disability Support Services on planning, policy and service development. Legislation There are 15 key Acts that have a direct impact on disabled people’s human rights and access to social protection programmes (see Appendix 1). Some of New Zealand’s legislation grossly breeches the UNCRPD (e.g. Mental Health Act 1992; Intellectual Disability Act 2003) and there are urgent calls from DPOs for the government to review legislation so that disabled people’s human rights – irrespective of impairment type – are upheld. While some legislation requiring review or amendment is included in the Disability Action Plan 2014-2018, other legislation warranting attention is yet to be included. - -