Human Rights Commission

Why is the Commission conducting the Inquiry?

Since 1994 discrimination against people with disabilities has been unlawful in a number of areas including access by the public to places, vehicles and facilities and in the provision of goods and services.

The Commission has received a significant number of complaints, inquiries and representations that suggest some elements of the public transport system may not be accessible to people with disabilities. The Commission has been able to resolve some of these issues using the disputes resolution processes contained in the Human Rights Act 1993. However, many of the issues brought to the Commission require a systemic approach to facilitate nationwide access to public land transport services for people with disabilities.

The Commission considers that an inquiry will establish the range of issues involved for the various public land transport users and providers; allow all those with an interest to express their views and incorporate best practice from other jurisdictions in any proposed solutions.

Why does the Inquiry use the Otago and Wellington regions as case studies?

The Inquiry will seek input and submissions from throughout the country. In addition the Wellington and Otago regions will be used as case studies to explore in greater depth the issues for public land transport users and potential users, the organisational responsibilities and responses to the issues and how particular regional circumstances are identified and responded to.

In April 2002 DPA and other disability groups in Dunedin held a transport forum to discuss transport issues for the transport disadvantaged, particularly the disabled and older people. As a result the Transport Working Party (TWP) was formed to further the issues. In October 2002 the TWP invited the Commission to host a transport forum in Dunedin. Reports from that forum led the Commission to explore the possibility of conducting an Inquiry into accessible public transport.

In relation to Wellington, as in other areas, concerns have been expressed about premises, infrastructure, conveyances, service information and the role of Councils in the provision of accessible public land transport. These issues involve the community as a whole, central and local government, and are not simply matters to be dealt with by an individual transport operator or regional council.

The Commission has not formed any views or conclusions on the matters raised in either of these cases. Taken together the two regions provide examples of most of the issues that the Inquiry will have to deal with. In both cases the regions in question will be those areas enclosed by the regional council boundaries.

Under what section of the Human Rights Act is the Inquiry being conducted?

The Inquiry is being conducted under Section 5(2) (h) of the Human Rights Act 1993.

How is disability defined for the purposes of the Inquiry?

For the purposes of this Inquiry people with disabilities have the meaning contained in section 21(1) h of the Human Rights Act 1993. This meaning covers the following:

(i) Physical disability or impairment;
(ii) Physical illness;
(iii) Psychiatric illness;
(iv) Intellectual or psychological disability or impairment;
(v) Any other loss or abnormality of psychological, physiological, or anatomical structure or function;
(vi) Reliance on a guide dog, wheelchair, or other remedial means;
(vii) The presence in the body of organisms capable of causing illness.

When were the hearings held?

Public hearings were held in Dunedin, Auckland, Wellington, Palmerston North and Hamilton in September and October 2004.

Who sat on the Inquiry Panel?

The Inquiry Panel was chaired by Chief Human Rights Commissioner Rosslyn Noonan. The other members of the Panel were Human Rights Commissioners Robyn Hunt and Judy McGregor.

When will the final report be made public?

The final report will be released publicly in September/October 2005. The report will be available on this website.

How will the report’s recommendations be implemented?

The report will be presented to Government, local Government and transport providers for implementation. The implementation process will be monitored by the Human Rights Commission.