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Mana ki te Tangata / New Zealand Action Plan for Human Rights:

Mid-term Review of Progress

In 2005, the Human Rights Commission published Mana ki te Tangata, the first New Zealand Action Plan for Human Rights. The Action Plan acknowledged New Zealand’s considerable human rights achievements while identifying pressing issues and priority actions necessary to ensure a genuinely fair, safe and just society where people can live free from discrimination.

The Action Plan focussed on:

Rights of Children and Young People
Rights of Disabled People
Race Relations
Civil & Political Rights
Economic, Social & Cultural Rights
Constitutional, Legislative & Policy Framework

This year the Commission has reviewed the progress that has been made during the first three of the Action Plan’s five years.

What emerges clearly from this review is that during those three years there have been substantial initiatives in almost all areas identified as priorities in the Action Plan.

The Commission invited government agencies and others to advise of progress in addressing Action Plan priorities, and they identified a wide range of human rights related initiatives and achievements, including:

actions to reduce violence against children & young people including the replacement of section 59 of the Crimes Act to abolish the use of parental force for the purpose of correction
policies designed to reduce poverty including increases in the minimum wage, and Working for Families
improved access to primary health care
introduction of paid parental leave
improvements in key social and economic indicators for Māori & Pacific peoples
introduction of a revised national curriculum for primary and secondary schools
introduction of 20 free hours of early childhood education for three & four year olds
ratification of the Convention on the Rights of Persons with Disabilities
recognition of New Zealand Sign Language as New Zealand’s third official language
ratification of the Optional Protocol to the Convention against Torture providing for preventive visits to all places of detention
greater recognition of the right to equality of gay, lesbian, bisexual and transgender people including the Civil Union Act 2005
positive developments in the promotion and use of the Māori language
initiatives to foster Pacific languages
development of a range of settlement support initiatives for new migrants
NZAID’s integration of human rights into all development assistance policies, strategies, programming and organisational practices.

Non-governmental organisations, community groups, businesses and trade unions have been crucial to the growing understanding and respect for human rights across all sectors of New Zealand society. Evidence of the greater valuing of diversity can be found for example amongst the 250 organisations that are participants in the New Zealand Diversity Action Programme.

Significant challenges remain, however, to fully realising human rights for everyone in New Zealand. The pressing issues and priorities identified in the Action Plan remain. The Commission has drawn on this review for its submission to the United Nations Human Rights Council’s new Universal Periodic Review process.

In undertaking the review the Commission has focused primarily on the responsibilities of the State and of government agencies for the promotion and protection of human rights. Information provided by government agencies, supplemented by the Commission’s own research and monitoring has been summarised in a spreadsheet and is now available for public assessment and comment.

We are taking submissions of feedback on the review process. You are invited to provide your feedback on the mid-term review using the 'Feedback Form' here.

Action

Actions

Law, Policy and Practice

Comments

Getting it Right for Children and Young People

2.2

Protection and fulfilment of rights

2.2.1

Lift New Zealand’s three reservations to the United Nations Convention on the Rights of the Child

All three reservations are still in place and in process of being reviewed

Age-mixing in detention: See item 2.5.9 for further details.

The Government’s draft 3rd and 4th consolidated report on UNCROC asserts New Zealand is now compliant with article 37 (c) on age-mixing in prisons. There is some dispute about the effectiveness of the “best interests test” and therefore whether the age-mixing of vulnerable 18-19 year olds with under 18 year olds in youth units is always in the best interests of the under 18 year olds.

The UNCROC periodic report also says that New Zealand is compliant with 37 (c) in border control, defence, mental health services, and prisoners in transit outside prisons. Further work is required on police and court cells, immigration detention and police transporting under 18 year olds. There is no timetable for full compliance.

Children unlawfully in New Zealand: The Government intends to lift this reservation.

Cabinet has agreed that where Immigration New Zealand becomes aware of children unlawfully in New Zealand, whether or not the parents are present, the children are provided with Limited Purpose Permits to access education while their immigration status is resolved

The Immigration Bill, currently before Parliament, provides that it will no longer be an offence for an education provider to enrol or maintain the enrolment of a non-citizen child in compulsory education regardless of their immigration status.

Compliance is complete for access to health for children and expectant mothers.

Compliance being assessed for access to social assistance and housing.

Minimum age of access to employment 32(2): No current plans to lift this reservation. New Zealand is reviewing ILO 138 first. Detailed policy work proceeding on this.

The Government maintains that existing law and policy provides effective controls on full time work and safe work while providing access to beneficial work. All children must attend school to age 16 and there are restrictions on what work children can do.

Some progress.

2.2.2

Make the safeguards in the Children, Young Persons and Their Families Act 1989 available for all children and young people aged 17 and under who are charged with criminal offences

The Children, Young Persons and their Families Amendment (No.6) Bill will extend protections to 17 year olds.

Some progress, subject to Bill being passed into law.

2.3

Participation in decision-making

2.3.1

Encourage families to include children and young people in decisions that affect them

2.3.2

Increase student participation in decision-making within schools

Children’s Commissioner Advocacy Training & Board of Trustees training.

Individual schools developing processes - specific cases cited in the publication Building Human Rights Communities in Education

Student representatives are now required on secondary school boards. The Ministry of Education provides a Student Trustee Handbook and has a training and support contract for student representatives on secondary school boards.

Many primary, intermediate and secondary schools have a student council or similar body

Some progress. There is no policy requirement for students to participate in school decision making at primary and intermediate level.

2.3.3

Develop the curriculum to include democratic rights and responsibilities

The New Zealand Curriculum launched in November 2007 lists “community and participation for the common good”, and “respect for self, others and human rights” as values to be ”to be encouraged, modelled and explored” and “made evident in the school’s philosophy, structures, curriculum, classrooms, and relationships”. It suggests citizenship as a possible theme in the development of school curricula. For example:

· Understand how groups make and implement rules and laws (level 3)

· Understand how systems of government in New Zealand operate and affect people’s lives, and how they compare with another system (level 5)

The revised curriculum comes into affect in 2010.

Significant progress. The revised Curriculum provides the framework for democratic rights and responsibilities to be taught particularly through the Social Studies and the Health Education Curricula but does not make this mandatory.

2.3.4

Ensure that the child’s or young person’s voice is given due weight in court and tribunal proceedings that affect them

The Children, Young Persons and their Families Amendment (No 6) Bill currently before Parliament states that a child or young person must be given reasonable opportunities to express their views and their views must be taken into account.

The Care of Children Act 2004, which came into force on 1st July 2005, requires that a child involved in Family Court proceedings should have a reasonable chance to say what they think should happen and that the Court must take those views into account.

The Evidence Act 2006 makes it mandatory for the court to hear an application on how a child applicant is to give their evidence. Options include evidence being presented from behind a screen, from an appropriate place outside the court and by video recording.

Some progress. There have been changes in legislation. The challenge remains to consistently reflect the law in practice.

2.3.5

Require the consent of children aged 12 or older to any order for their adoption

Adoption legislation currently being reviewed by the Ministry of Justice

No progress

2.3.6

Ensure that central and local government agencies take account of the views of children and young people when making decisions that affect them

The Ministry of Youth Development has three youth participation advisors, a Youth Advisory Group and various participation projects. It also runs the Youth Parliament every three years.

Ministry of Youth Development’s resource A guide to Local Government: an Introduction to Youth Participation offers advice on successful youth participation.

The Long Term Community Council Plans process for arriving at the 10 year plans for Councils increasingly sees young people as a population to consult specifically. Some councils have youth councils, reference groups and/or youth policies. Variable around the country.

Some progress. Guidance from central government on good practice has been developed and some agencies have adopted good practice in their area.

2.3.7

Ensure that central and local government agencies assess the impact of proposed and existing policies and practices on children and young people

Ministry of Youth Development comments on implications of Cabinet policy papers, draft legislation for children & young people.

Children’s Commissioner Local Government Child Impact Assessment Project in Auckland

Christchurch City Council Children & Young Persons Strategy. Other cities also have youth policies or strategies.

Some progress. Guidance from central government on good practice has been developed and some agencies have adopted good practice in their area.

2.3.8

Ensure that children and young people have access to complaints mechanisms which are available, accessible and appropriate.

Statutory grievance procedure for children in Child Youth and Family residences. See comment in 2.5.5

Child Youth and Family complaints process is currently being reviewed to include better accessibility to young people. The Children, Young Persons and their Families Amendment (No 6) Bill will establish a process to hear and determine complaints from children in care or their families.

The Children’s Commissioner has wide powers to investigate any act done or omitted in respect of any child.

In the state school sector complaints processes are up to individual schools. Statutory alternatives are available through the Office of the Ombudsmen or through judicial review.

The Ombudsman can investigate complaints from individuals and conduct own motion inquiries if the complaint involves central government the wider state sector or territorial authorities. The role includes complaints from prisoners.

Most complaints mechanisms are not designed specifically for children nor are they necessarily are child-friendly

Some progress. There are a wide range of complaints mechanisms for people subject to the power of the state. All purport to be available, accessible, and appropriate. Only some mechanisms are specifically designed for use by children and young people.

2.4

Safety and freedom from violence

2.4.1

Support families to eliminate family violence by expanding community-based programmes that demonstrate best practice, promote and protect human rights and include a strong child focus

Increased reporting of family violence indicates wide acceptance of it as a problem to be dealt with. There is considerable government funding and government and civil society emphasis and co-operation on achieving outcomes.

Key examples include:

Campaign for Action on Family Violence: television campaign; website personal and community information; brochures and information packs; 0800 Family Violence Information line. Overseen by the Taskforce for Action on Violence within Families it will run for four years from September 2007.

Ministry of Health Violence Intervention Programme (VIP): Elder Abuse and Neglect Intervention Guidelines; Child and Partner Abuse Intervention Guidelines; GP referral process; Violence & Young People report

NZ Standards has produced a national Standard for dealing with Family Violence: Screening, risk assessment and intervention for family violence including child abuse and neglect. 2006

The Ministry of Women’s Affairs, Ministry of Justice and New Zealand Police two year research project beginning in 2008: Strong and safe Communities: Effective Interventions for Adult Victims of sexual violence.

New Zealand Family Violence Clearinghouse. A national centre for collating and disseminating information about domestic and family violence in New Zealand.

Family Services National Advisory Council concentrates much of its work preventing family violence

Forty-five FTE Advocates for Children and Young People who Witness Family Violence

Family Start programme to strengthen families. 32 Family Start sites around the country. Not solely to do with family violence but includes family violence as one criteria for engagement.

The Disability Coalition Against has been established to combat the invisibility of disabled people experiencing violence and abuse and to improve the situation.

White Ribbon Day, 25 November Sponsored by Families Commission, UNIFEM and HRC.

Various funding programmes to support these initiatives e.g. Campaign Response Fund. $5 million extra available to respond to extra work as a result of the public campaign.

The Pathway to Partnership will provide $446 million over the next four years to fully fund essential services

Increased resources for family violence courts. There are now eight Family Violence Courts.

Amendments to the Domestic Violence Act have been approved by the Government:

· Giving police the power to issue safety notices when attending crisis situations

· Extending access to programmes to respondents, protected persons and their children

· Providing lawyers for children for any proceedings under the Act

· Ensuring consistency between the DVA and the Care of Children Act regarding psychological abuse.

In July 2007 the Government established the Taskforce for Action on Sexual Violence. Due to report to Government in July 2009.

These actions are also relevant for 5.4.1.

Some progress. Too early to assess impacts.

2.4.2

Support schools and early childhood centres to promote non-violent conflict resolution, combat bullying and harassment, and prevent sexual and other abuse

Ministry of Education:

· Promoting Positive Learning Environments programme

· Revised Curriculum has a strong emphasis on values and valued behaviours

· Developing anti-bullying guidelines

· Supporting Positive Behaviours website

Building Human Rights Communities in Education – multi-agency project. (Amnesty International, Dev Zone, Human Rights Commission, Office of the Children’s Commissioner, Peace Foundation). Development of teaching, learning and school organisation resources to facilitate a comprehensive approach to human rights in schools

Health, Education, Justice and Social Development produced plans to improve Government response to management and treatment of children and young people with severe anti-social behaviour

New Ministry of Education programmes announced in July 2008:

· Step up Be Safe pocket cards

· Education Review Office to review schools’ anti-bullying strategies

· Team Up website to provide helpful tips to parents and families

· Increasing numbers of schools introducing restorative justice processes

Some progress. Too early to assess the effectiveness of these.

2.4.3

Strengthen public education programmes aimed at promoting positive, non-violent forms of discipline and respect for children’s rights to human dignity and physical integrity

Children’s Commissioner Advocacy Training

Strategies for Kids/ Information for Parents (SKIP) is a programme developed by Family and Community Services (MSD) to support parents of under five year olds. It includes a series of pamphlets, information for parents, a national directory, and family web.

See programmes in 2.4.2

Some progress. SKIP is widely regarded as effective. No evaluation of its impact is currently available.

2.4.4

Repeal Section 59 of the Crimes Act 1961

The Crimes (substituted Section 59) Amendment Act 2007 abolished the use of parental force for the purposes of correction.

A Citizens Initiated Referendum on this topic will be held in 2009. The results are not binding on the Government.

2.4.5

Develop and implement a specific child and youth injury prevention strategy, covering both intentional and unintentional injuries.

ACC research and guidance.

Some progress

2.5

Rights of children in institutional care or detention

2.5.1

Monitor and enforce existing legislation, regulation and policies on the care and protection of children and young people

OPCAT site visits and reports by the Children’s Commissioner and the Office of the Ombudsmen.

Child death reviews by the Children’s Commissioner

Children and Young Peoples (Residential Care) Regulations 1996 establish minimum standards of care and minimum rights including access to grievance panels. Grievance Panels report quarterly to Principle Family Court and Youth Court judge and Children’s Commissioner.

See 2.5.5 for comment.S

Some progress. Too early to see the full effect of the OPCAT preventive visits.

2.5.2

Support families of disabled children so that they are able to care for their children themselves (as opposed to institutional care)

The Carers Strategy and Five-Year Action Plan was launched in April 2008 to support family and other carers.

The Human Rights Review Tribunal has heard a case from parents of adult disabled children who say they are discriminated against by the Health Department by not being paid for services that would be paid for if provided by a stranger. ACC pays family members to provide disability support services. Decision pending.

Some progress. Too early to assess the impact of the Carers Strategy and Action Plan.

2.5.3

Increase the availability of beds in Child, Youth and Family and youth justice residential facilities

New Youth Justice facilities opened. A total of 33 new beds in two facilities at end of 2006.

Over last five years youth justice beds increased from 75 to 110 and care and protection beds from 34 to 48

Significant progress. Increased availability of services.

2.5.4

Increase and improve provision of specialised services for children and young people with mental illness or drug and alcohol dependency

Te Kokiri: The Mental Health and Addiction Action Plan 2006-2015 includes actions in this area. Access rates for children and youth to specialist mental health and alcohol and other drug services increased from 1.80% in 2005-06 to 1.95% in 2007-08. Corresponding Māori figures were 1.52% and 1.89%. Funding levels for child and youth mental health and alcohol and drug services continue to increase from $91m in 2004-05 to $105m in 2006-07.

The New Zealand Suicide Prevention Action Plan 2008-201 and the New Zealand Suicide Prevention Strategy 2006-2016 together outline programmes to decrease suicide including youth suicide. Programmes relating to youth include:

· Programmes to protect CYF clients at risk of suicide

· School programmes promoting mental health and wellbeing

· A suicide prevention research fund

All 21 District Health Boards now have specialist Child and Adolescent Mental Health Services. While the child and mental health workforce continues to grow in size and capability it still falls short of the Mental Health Commission’s Blueprint benchmarks. The rate at which children and young people access specialist services is improving but still falls short of the national target of 1.96%.

Suicide Facts: 2005-2006 data. Ministry of Health. 2007. The suicide rate for 15-24 year olds has declined by a third since its high in 1995-1997 but is still significantly higher than the all age’s average at 18 per 100,000. Intentional self-harm is highest in the 15-24 year old age group and the ranking has not changed in the last three years. Self –harm rates are higher for females, Māori and those living in deprived areas.

Some progress. The increased access rates indicate the improved availability of services but they do not say anything about the improved quality of services. There is still a gap between Māori and non-Māori access rates. The youth suicide rate, often seen as a useful indicator of the quality of services, is declining

2.5.5

Develop effective grievance procedures so that complaints by children and young people in residential care and other placements arranged by Child, Youth and Family Services will be responded to promptly and effectively

Since 2005 the operation of the Children and Young Persons (Residential Care) Regulations 1996 has been improved by recruiting members of grievance panels by open recruitment and improving reporting mechanisms. A series of Standard Operating Procedures have been developed including one for grievance procedures. Compliance Audit Reports (CARs) are now more robust and follow a standard format. However the same CARs record numerous non-compliance issues that take a long time to fix. The Children’s Commissioner monitors compliance.

The Children’s Commissioner visits to residential services under OPCAT will provide an avenue for the further development of procedures.

Since July 2008 a new two tier complaints process has operated for the Child, Youth and Family Service. Clients can complain locally and if dissatisfied can apply in writing to the Chief Executive Advisory Panel to review the outcome of the complaint.

Significant progress. Improvements in policies and procedures and the prospect of further improvements through OPCAT visits.

2.5.6

Develop an integrated data set to record the numbers characteristics and experiences of children in institutional care.

CYRAS data set records numbers and characteristics not experiences of children and young people in Child Youth & Family care

Some progress.

2.5.7

Review Police training on the circumstances and grounds on which children and young people can be arrested and held

No available information.

2.5.8

Increase the availability and use of the supported bail scheme

No change.

2.5.9

Ensure that all children and young people who are detained remain separate from adults unless the separation is not considered to be in the best interests of the child or young person.

Cabinet agreed to remove the reservation to UNCROC when specialist Young Offender Unit’s (YOU) had been established and a best interests test for 19 year olds and under had been developed. The Department of Corrections has developed and trialled a best interests test that determines whether 18-19 year olds male prisoners should be placed in a YOU or mainstream prison and whether age mixing is in the best interests of the under 18 year olds in the YOU.

There are now four YOU’s established. Most male prisoners under 18 years will reside in a YOU, with some exceptions to do with availability for short remand and issues of potential self harm. At 2 April 2007 30 out of 166 inmates in YOU’s were 18-19 year olds.

In the case of the women’s prisons there may not be a sensible alternative given the low numbers of young female offenders As much as possible young female prisoners are kept in a separate wing from adult prisoners. Age mixing may be approved if it is considered in the best interests of the prisoner to do so e.g. to avoid isolation and assist reintegration.

No person under 16 years old can be remanded to a prison pending a hearing or trial on any charge or pending sentence. A person who is over 16 years old but not yet 17 years old can only be remanded to prison where he/she has been charged or convicted of a “purely indictable offence” ( e.g. aggravated robbery, arson, manslaughter, murder or sexual violation)

All young offenders must be transported separately from all other prisoners and all young offenders must be transported separately from vulnerable young adult offenders.

Advice from MFAT indicates that Article 37 (c) of UNCROC applies to all places of detention not just prisons. Work has not yet been done on other places of detention.

Some progress. The issue is specifically acknowledged in law, regulation and policy. It is arguable whether the best interests test works equally well for under 18 year olds and 18-19 year olds.

2.6

Elimination of child poverty

2.6.1

Ensure access to adequate and affordable housing for all children, young people and their families

See Housing section for programme details: 6.3.1, 6.3.2 & 6.3.6

Some progress. See comments in Housing section

2.6.2

Ensure that families with dependent children have an adequate income to meet the needs of those children regardless of their source of income.

The Governments Working for Families (WFF) increases support for families. Tax credits, accommodation supplement and childcare assistance are available to all families dependant on income and number of children. The in-work tax credit is available only to families with at least one parent in work. A joint review of WFF Receipt of the Working for Families Package:2007 Update by MSD and Inland Revenue covering the period to March 2007 found that:

· 370,000 families received a tax credit; three quarters have a family income less than $50,000 per annum and half a family income less than $30,000.

· Accommodation Supplement improved housing affordability for families not on a benefit and beneficiaries with earnings but had no effect for beneficiaries without labour market earnings.

· The in-work tax credit has contributed to a record drop in the numbers receiving Domestic Purposes Benefit and by implication improved the family income. DPB numbers fell 11% between August 2004 (prior to introducing WFF) and August 2007.

· Some 33,000 families receive childcare assistance, 22,000 non-beneficiary families and 11,000 beneficiary families.

See 6.2.1 for details of poverty and standard of living measures and results.

Significant progress. Working for Families has significantly decreased the poverty of families with at least one adult in full time work. There s no change for families relying on a state benefit for their main income.

See also 3.6.5.

Some progress. More progress is likely with the review of the Mental Health Act.

3.6.7

Investigate the effectiveness of legal protections for service users under the Mental Health (Compulsory Assessment and Treatment) Act 1992 and the length of Community Treatment Orders.

Not part of any current work programme.

No progress.

3.7

Elimination of Poverty

3.7.1

Undertake research to identify the cost of disability to disabled people, their families and the disability community

The Cost of Blindness in New Zealand was published in March 2006 by the Royal New Zealand Foundation of the Blind. It has comprehensive information covering both direct and indirect costs

The Health Research Council and the Ministry of Social Development have jointly commissioned research on the cost of disability, due to be published in 2009.

Some progress. The publication of the Health Research Council research in 2009 should be a major step forward.

3.7.2

Develop and implement a campaign to overcome negative attitudes against disabled people seeking employment and in employment

The Ministry of Social Development has supported the establishment of an Employers’ Disability Network. The network aims to create greater understanding of people with disabilities, help more disabled people into work and improve service to customers.

Workbridge has published Managers Guide: A best practice approach to working with disabled employees.

Some progress. The Employers’ Disability Network has the potential to make significant changes.

3.7.3

Minimise segregated employment for disabled people and remove exemptions from the minimum wage

Repeal of Disabled Persons Employment Promotions Act restricts exemptions to the minimum wage to a case by case basis. Measures in Pathways to Inclusion and associated policies are designed to promote mainstream placements and supported employment schemes.

Sept 2007. Changes to Working New Zealand Programme make it easier for disabled job seekers to access employment and training programmes

Pathways to Inclusion Strategy Evaluation: Final Evaluation Report. April 2008 summarises results from the strategy between 2003-2007. Some of the main points:

· Community participation and vocational services increased while participation in segregated work environments decreased. However at 2007 there were still 1200 people in segregated work environments

· Some success in moving “off benefit” or into part-time work.

· Some success in service providers adopting the Pathways to Inclusion Strategy.

· “No noticeable change” in the extent to which service users feel active partners in the service

· A decline in the “cultural sensitivity of providers”, the involvement of local iwi in services and the proportion of staff who have attended a Treaty of Waitangi training course.

Some progress. Individual exemptions to the minimum wage requirements are still possible. Those in segregated employment dropped from 1947 in 2003 to 1202 in 2007.

3.7.4

Achieve disability-related EEO objectives in public service departments and ministries and improve accountability for results

Minister for Disability Issues report to Parliament 2007 indicated 68% of state agencies consider their EEO policies do not discriminate against disabled people. This is a very slight increase on the year before. Overall progress is slow and in some areas such as collecting information on the number of people employed, progress is negative.

Overall progress is slow. Following a review and consideration of a number of options the State Services Commission decided not to collect disability data from departments in the annual Human Resource Capability Survey from 2006 onwards.

Not achieved.

3.7.5

Ratify ILO Convention 159 on Vocational Rehabilitation and Employment (Disabled Persons).

Not achieved

3.8

Access to provision of quality services

3.8.1

Conduct a review of systems for providing support to disabled people (including home-based support, equipment, housing/vehicle modifications, rehabilitation, disability information and advisory services) with a focus on improving personal autonomy, flexibility, accessibility, equity, consistency, co-ordination and accountability to disabled people

The review of long-term disability support has been completed by the Office for Disability Issues. In February 2008 Cabinet agreed to four new initiatives as being necessary to deliver the overall outcomes of the project:

· An access point for government disability support information

· Access to mainstream services for disabled children and young people

· Supports for disabled children

· Transition services for disabled young people from school.

The Ministry of Health has completed a review of equipment and modification services and instituted a development programme including new funding. New funding guidelines approved for:

· family vehicles for families with disabled children under 15 years of age

· Hearing Assistive Technology

· Communication Assistive Technolgy

Housing New Zealand undertook research in 2006-07 on accessible housing for future elderly and disabled populations.

Housing New Zealand is developing a standard for lifetime design aka universal design for housing.

Carers’ Strategy and Five Year Action Plan 2008 is for the 420,000 New Zealanders who reported in the 2006 Census looking after a person with ill-health, a disability, mental illness, an addiction or in their old age. The strategy covers five broad areas: information; health and well-being; enabling support people to take a break; financial support and training and pathways to employment.

The Social Services Select Committee of Parliament Inquiry into the quality of care and service provision for people with disabilities was published in September The report found that the provision of disability services lacks direction and leadership, services are variable throughout the country and the NZ Disability Strategy has not been effectively implemented. The report recommends:

· The appointment of an appropriately funded lead agency with responsibility for disability issues and monitoring the sector

· Investigating the appointment of an independent disability commissioner with responsibility for considering disability issues in relation to health, education, social development and housing.

· Improvements in service information, service coordination and assessment.

· Evaluations and audits of disability services focussed on outcomes not compliance with standards.

· Improved advocacy and complaints services

· Improvements in training, pay rates and working conditions for the disability sector workforce.

Reviews completed of long term disability supports, some Ministry of Health programmes and public housing for disabled people.

3.8.2

Ensure implementation of the Blueprint for Mental Health Services guidelines for child and youth mental health services

See 3.6.1 & 2.5.4

Some progress. Funding has increased and some workforce development has happened.

3.8.3

Encourage the development of community-based services provided by people with experience of mental illness for people with experience of mental illness

Te Kokiri: The Mental health and Addiction Plan 2006-2015 includes actions in this area.

The redevelopment of the Mental Health Service Specifications for DHBs includes specific descriptions of these services

Some progress. Some good initiatives have been developed in some DHBs

3.8.4

Improve disabled peoples’ access to information and communications technology

The State Services Commission has issued New Zealand Government Web Standards and Recommendations Version 1.0 (January 2008) for electronic accessibility. ODI is monitoring compliance as part of the NZ Disability Strategy reporting. At end of 2007 66% of agencies complied with the previous guidelines.

The Minister of Disability Issues report to Parliament 2007 reports on government agencies providing information in accessible formats. Overall there has been good progress off a very low base. For example 68% provide on-line information in HTML but only 3 % provide hard copy in New Zealand Sign Language, 8% in Braille and 10% in audio format.

The Ministry of Health has fact sheets on disability support services and equipment and modifications in most alternative formats, a DVD on accessing services, a disability services newsletter, a toll-free number for information and complaints and dedicated email addresses for information and complaints. There are also information booklets on equipment and modification services in three Pacific languages and Te Reo Māori. See 3.8.1 for info about improved access to communication technologies.

The Office for Disability Issues has contracted for the production of a resource for government agencies on making their information accessible and a resource on how agencies should work with sign language interpreters.

Some progress in the public sector. Limited progress in the private sector.

3.8.5

Review NZ Standard 4121:2001 (access standard in the built environment) every 5-10 years to reflect developments in best practice in building accessibility

The Department of Building & Housing plans to review standard every 5-10 years. The Department’s access advisory panel, which includes disabled people, gives advice in this area and will advise when a review is necessary.

Achieved.

3.8.6

Make public transport more accessible to disabled people by implementing recommendations of the Human Rights Commission Inquiry into Accessible Public Land Transport.

The New Zealand Transport Strategy 2008 commits the government “to fully accessible journeys” for all public transport users and undertakes to work with the Human Rights Commission and other stakeholders to achieve this goal as an “immediate priority for action”. An implementation plan will be developed by July 2009 for inclusion in the next strategy in 2010. Progress to date includes:

· Work on design standards for urban buses

· Changes to various Land Transport Rules that improve the accessibility features of buses and wheelchair accessible taxis

· Changes to the P endorsement licence for bus and taxi drivers to make disability awareness a part of all new licences

· A trial of the accessible journey in Hamilton supported by the City Council, Regional Council, and the NZ Transport Agency

· Development of an audit tool to assess improvements in accessibility in each region.

· Best practice standards for public transport information are being developed

There has been progress in most regions throughout the country with: recognition of the issues in revised Regional Land Transport Strategies and Regional Passenger Transport Plans; increasing purchase of Super Low Floor, accessible buses including in areas which had previously asserted they were impractical in their area; and recognition of accessibility issues in large capital purchases such as the Wellington trolley buses and improvements to the Auckland and Wellington urban rail networks.

A review of school transport recommended in the Accessible Journey is not on Ministry of Education’s current work programme. Some improvements in driver training and vehicle standards in recent special education school transport contracts may have a positive effect but not comprehensive.

Significant progress. The Government is committed to implementing the recommendations. Elements of the National Accessibility Design Standards have been achieved or are in development. Some Regional Councils have made significant progress. The Ministry of Transport is committed to consulting with disabled people in developing their work programme.

3.9

Bioethics

3.9.1

Ensure effective representation of disabled people on national bodies such as the Bioethics Council, the Advisory Committee on Assisted Reproductive Procedures and Human Reproductive Research, National Ethics Committee on Assisted Human Reproduction, and ethics committees at research centres and universities

Bioethics Council, Ethics Committee on Assisted Reproductive Technology (ECART), the Advisory Committee on Assisted Reproductive Technology and the National Ethics Advisory Committee all have at least one member who has expert knowledge of disability issues.

Significant progress. All the consultative bodies have at least one member with expert knowledge of disability issues.

3.9.2

Examine the human rights implications for disabled people of biotechnology/genetic technologies

Ministry of Health guidelines on embryo donation

Bioethics Council public dialogue on xenotransplantation

HRC Guidelines on Insurance and the Human Rights Act.

University of Otago Human Genome Research Project

UNESCO Universal Declaration on Bioethics and Human Rights.

Proposal to amend the NZ Patents Act which will cover the patenting of human genes.

Who gets Born a report on pre-birth testing by the Bioethics Council released in July 2008.

Genes, Society and the Future. Human Genome Research Project. October 2007.

Advisory Committee on Assisted Reproductive Technology (ACART) consultation on:

· Expanding existing regulations on “saviour” siblings

· The use of frozen in fertility treatment

HRC assessment that all human rights issues are covered by the discussion document (July 2008)

There are specific guidelines on research with children and people with intellectual disabilities for ethics committees reviewing health and disability research.

Some progress. The human rights issues for disabled people are mentioned in discussion and consultation documents.

3.9.3

Train researchers, bio ethicists, members of ethics committees, legal and medical professionals, and health and disability service providers in a human rights approach to bioethical issues, and in particular on the equal value and human rights of all children, young people and adults regardless of their level of impairment

No information available

3.9.4

Review legislative protection against discrimination on the basis of genetic information (including collection and use of genetic information in areas such as employment and insurance).

The Human Rights Commission is maintaining a watching brief.

Limited progress.

Getting it Right in Race Relations

4.2

Social and economic equality

4.2.1

Promote public understanding of the legitimacy of special measures to achieve equality under international and domestic law

Following public discussion in 2005-06, two resources were published in 2007: Special Measures to Reduce Ethnic Disadvantage in New Zealand, by Paul Callister, and Guidelines on Measures to Ensure Equality, by the Human Rights Commission

Some progress.

4.2.2

Regularly review all special measures to achieve equality to ensure they are meeting their objectives.

Following the Government’s review of ‘race-based’ programmes in 2004-05, the State Services Commission developed guidelines for future programmes, including periodic review. Each government agency is responsible for conducting its own reviews.

Some progress. No information has been made available about whether these regular reviews are happening.

4.3

Rights of Indigenous peoples

4.3.1

Promote public understanding of the rights of indigenous peoples and extend community dialogue on human rights and the Treaty of Waitangi

A community dialogue on human rights and the Treaty was conducted by the Human Rights Commission from 2003-06.

A three year Treaty Information Programme was funded by the State Services Commission from 2003-06.

A Treaty information website developed by the State Services Commission was incorporated into the NZ History website operated by the Ministry of Culture and Heritage

The Human Rights Commission has published and distributed the United Nations Declaration on the Rights of Indigenous Peoples in 2008.

Some progress. Significant programmes of information and dialogue have been conducted by the Human Rights Commission and other organisations supported by the State Services Commission.

4.3.2

Contribute actively, with the participation of Maori, to the development of international human rights law relating to the rights of indigenous people.

The Declaration on the Rights of Indigenous Peoples was adopted by the UN General Assembly in September 2007. New Zealand Government voted against the final text due to reservations about a number of articles.

Some progress. The New Zealand Government did participate throughout the negotiations but did not actively involve Māori. Some Māori organisations were involved independently. The adoption of the Declaration by the United Nations was a significant milestone.

4.4

Language

4.4.1

Progressively provide opportunities for all New Zealanders to develop knowledge of Tikanga Māori and the ability to communicate competently in both English and te reo Māori

Community: There has been continued growth in participation in Māori Language Week, which promotes te reo as a language for all New Zealanders. Te Puni Kokiri began developing a new Māori Language Strategy in 2008.

Education: The revised schools curriculum released in 2007 contains a specific section on Māori as an official language of New Zealand, and has a principle that all students should have the opportunity to acquire knowledge of te reo Māori me ona tikanga. The first Māori medium curriculum Te Marautanga o Aotearoa was launched in 2008. The Te Reo Māori in the New Zealand Curriculum for teaching Māori in mainstream schools will be launched in early 2009.

Media: Broadcasting media have adopted a greater use of te reo as a result of Māori Language Week participation. Two Māori Television channels are now broadcasting.

Significant progress. The 2006 survey of the health of the Māori language concluded there are “an increasing number of Māori adults who have language skills across a range of proficiency levels” and “that the number of people with high proficiency is increasing in the younger age groups”

4.4.2

Include te reo and Tikanga Māori in teacher education and professional development to ensure their effective use in teaching

The Graduating Teacher Standards issued by the NZ Teachers Council in 2007 require teachers to have ‘knowledge of tikanga and te reo Māori to work effectively within the bicultural contexts of Aotearoa New Zealand.’

The Review of Satisfactory Teacher Dimensions has clear expectations for including both te reo Māori and tikanga Māori.

Scholarships available for people fluent in te reo to retrain as teachers increased from $10,000 per year to $30,000 per year in addition to course costs.

The Ministry of Education established a Māori Language Education Team which has overseen the development of a wide range of teaching and learning materials covering all mediums, genre and curriculum areas.

Significant progress. More work is needed in the area of recruiting teachers fluent in Te Reo Māori , and in pre-service training and professional development for all teachers.

4.4.3

Ensure the continued survival and use of the Cook Island Māori , Niuean and Tokelauan languages in New Zealand, and foster the retention and use of other Pacific languages

Curricula were completed for Samoan (1996), Cook Islands Māori (2004), Tongan (2007), and Vagahau Niue (2007). The Samoan curriculum is under review and due to be published in 2009. The Tokelau curriculum will be published in 2009. Multi media teaching and learning resources have been developed for Cook Islands Māori (2008). The Tongan, Vagahau Niue and Tokelau language resources are under development.

Significant progress in developing resources for schools. Further urgent action is needed in Pacific language protection and revitalisation in the community.

4.4.4

Develop a language policy that encourages the learning of a range of languages and supports community efforts to teach their heritage languages

A national language policy network was established by the Human Rights Commission in 2005, and language policy forums have been held annually at the NZ Diversity Forum.

A national Statement on Language Policy was published by the Human Rights Commission in 2008.

The revised Curriculum for schools includes Learning Languages as one of the eight core learning areas.

The Ministry of Education has developed a draft Strategy for Languages in Schooling.

The Ministry of Pacific Island Affairs and the Ministry of Culture and Heritage commenced work on a Pacific Languages Strategy in 2008.

Some progress. The Human Rights Commission has encouraged discussion on this topic and work has started on a Pacific Languages Strategy.

4.4.5

Ensure that all new migrants and refugees have access to appropriate English language tuition

One of the intermediate goals of the New Zealand Settlement Strategy is about access to appropriate language support. Eligibility to access support is dependent on immigration status. Work is underway to ensure that available resources are targeted appropriately.

Some progress. Ongoing action needs to ensure access to appropriate language tuition for all migrants and refugees.

4.4.6

Extend the availability of the Language Line interpreter service to all public agencies.

The Government has provided additional funding for Language Line, and by March 2008 there were 46 participating agencies and 39 available languages. Use continues to grow; in 2006-07 over 27,000 calls were received.

Significant progress. Further extension planned.

4.5

Migrants, asylum seekers and refugees

4.5.1

Repeal Section 149D of the Immigration Act 1987 which excludes the Act from the jurisdiction of the Human Rights Commission

Following a review of the Immigration Act, the Government considered the role of the Human Rights Commission in relation to the immigration system and decided to retain the status quo.

Not achieved.

4.5.2

Work towards ratification of ILO Convention 143 on Migrant Workers (Supplementary Provisions)

The Government has no plans to ratify.

Not achieved

4.5.3

Work towards the ratification of the UN Convention on the Rights of All Migrant Workers and their Families.

The Government has no plans to ratify.

Not achieved.

4.5.4

Further develop and resource the New Zealand Settlement Strategy for migrants and refugees

The New Zealand Settlement Strategy was revised in 2006 and a Settlement National Action Plan (SNAP) was launched in 2007. Planning for the next phase of SNAP is underway.

Significant progress. There is now a process for reviewing and improving settlement services.

4.5.5

Develop migrant and refugee settlement plans for each local authority area

Settlement support coordinators have been established in 19 regions through Settlement Support New Zealand and a number of councils are working on regional settlement strategies. The Auckland Regional Settlement Strategy was launched in 2007 and the Wellington Regional Settlement Strategy was launched in 2008.

Significant progress. Two regions have established Settlement Strategies and others are in the planning stages.

4.5.6

Increase resources for non-governmental and community groups to support settlement of newcomers to New Zealand.

Settlement funding has been provided for the Refugee Services Aotearoa New Zealand, Relationship Services, Auckland Regional Migrant Services Trust, Auckland and Christchurch Chambers of Commerce, Citizens Advice Bureaux and other NGOs.

Achieved.

4.6

Cultural diversity

4.6.1

Strengthen the networks of people and organisations that contribute to harmonious race relations and cultural diversity

Initiatives include the Diversity Action Programme networks, Office of Ethnic Affairs networks, and the Aotearoa Ethnic Network.

Significant progress.

4.6.2

Establish a cultural diversity website and portal that provides access to information on New Zealand’s diverse communities, and facilitate communities to develop their own websites and information resources

The Ministry for Culture and Heritage has developed a major resource on Māori and migrant communities in Te Ara, the online New Zealand encyclopaedia, and launched the cultural portal NZLive.com in 2006.

Significant progress but more work is required for diverse communities to have an independent web presence

4.6.3

Establish a diversity centre that is able to lead research, inform debate, and connect researchers in different institutions and organisations

Victoria University Centre for Applied Cross-Cultural Studies has established a national network of diversity researchers and a postgraduate network, and led discussion on research priorities together with the Office of Ethnic Affairs as part of the annual New Zealand Diversity Forum.

Significant progress.

4.6.4

Improve the reflection and promotion of cultural diversity in the media and communication industry through communication and journalism education and on the job training, and by increasing the diversity of the communications and journalism workforce

A number of initiatives have been taken by the Journalists Training Organisation to increase awareness of diversity in the media, including web resources, surveys, revised qualification standards, forums and a new guide to Māori reporting. A new intern scheme has been established by Fairfax Newspapers Ltd, and a media programme has been developed by Asia NZ.

Some progress but further action is required to improve the representation of Māori , Pacific and ethnic minorities in the media

4.6.5

Provide increased central and local government support for the celebration of cultural diversity through the arts and through religious, cultural and national festivals and events

There has been significant growth in public support for major cultural festivals and events, including Pasifika, Matariki, Chinese New Year, Diwali and Race Relations Day.

Creative NZ developed a Cultural Diversity Strategy.

Significant progress. Support has been at both the central and local government level

4.6.6

Support the participation of ethnic communities in historic, cultural and environmental conservation

The Chinese Heritage Trust was established.

Some progress.

4.6.7

Foster community dialogue between people of different views, cultures and faiths.

The National Religious Diversity Network was established, and forums were held on religious diversity as part of the New Zealand Diversity Action Programme.

The Human Rights Commission published the Statement on Religious Diversity in 2007 and the Statement on Race Relations in 2008.

New Zealand has co-sponsored with Australia, Indonesia, and the Philippines a process of interfaith dialogue in the Asia Pacific region including sixteen South East Asian and Pacific Nations. New Zealand also hosted a regional seminar on the implementation on the United Nations Alliance of Civilisations report in 2007. A national implementation plan was published in 2008.

The Ministry of Social Development and the Office of Ethnic Affairs led a government initiative on Connecting Diverse Communities.

Some progress. Both the Government and the Human Rights Commission are involved in fostering community dialogue, as are many of the participants in the New Zealand Diversity Action Programme.

Civil and Political Rights

5.2

Right to freedom from discrimination

5.2.1

Intensify inter-agency cooperation to address discrimination against those who experience mental illness.

Multi-Agency Plan was developed for the period 2005-2007. Those taking part are: Office for Disability Issues, the Like Minds Like Mine Project, Mental Health Commission & Human Rights Commission. The constituent organisations continue to share information and work on individual and joint projects.

Some progress

5.2.2

Inquire into discrimination experienced by transgender and intersex people.

The report of the Inquiry into Discrimination Experienced by Transgender People To Be Who I Am was published in 2008. The Ministry of Justice is coordinating the government’s assessment and implementation of the recommendations. The Ministry will provide a progress report in 2009. Progress to date includes:

· A Supplementary Order Paper to the Births, Deaths and Marriages Amendment Bill, currently before Parliament (July 2008) will allow the family Court to make a declaration as to sex for overseas born New Zealand citizens.

· Moves to establish best practice for searches of trans people and the detention and imprisonment of trans people have begun

The Department of Corrections is reviewing: current search policy and procedures; risk assessment procedures on arrival in prison; regulations for accommodating transgender prisoners, in particular the current threshold for decision making.

Progress on implementing the recommendations is significant.

5.3

Democratic rights and responsibilities

5.3.1

Include a specific responsibility in the mandate of the institutions of electoral administration in New Zealand to promote and encourage participation by all sectors of New Zealand society in elections.

No specific mandate has been added to any of the institutions responsible for elections in New Zealand but there have been a number of initiatives to encourage enrolment and ensure accessibility for all voters.

Elections New Zealand has:

Ø Produced a resource kit and campaign on the Māori Electoral roll option in 2006

Ø Conducted a survey of disabled voters after the 2005 election. Most said the election measures were effective and efficient.

Ø Produced Access 08 Action plan for accessible elections for 2008.

Ø Produced a DVD in NZSL with information about elections.

Ø The 2008 General Election will have a number of accessibility options including: accessible parking; assistance available where necessary; voting papers being sent or collected; a plain language booklet and information in 21 languages.

The Ministry of Justice Statement of Intent 2008 includes an undertaking to provide information to the public to encourage participation in the electoral process. Post-electoral surveys determine the public’s confidence in the electoral process.

Aspects of the Electoral Finance Act are likely to have constrained the participation of some groups and individuals in the election campaign for 2008.

Some progress but no organisation has a mandate to promote voting only enrolling to vote

Access to political information is difficult for the Deaf community. TV political debates are not captioned and political information is largely written in English at a level beyond the comprehension of many Deaf people

5.4

Safety for all

5.4.1

Prevent family violence and abuse by expanding community-based initiatives that demonstrate best practice and promote and protect human rights

See 2.4.1 for the range of policies, programmes and funding in place.

Some progress. Too early to assess impacts

5.4.2

Strengthen programmes to prevent abuse and neglect of disabled and older people

Family Violence Intervention Guidelines: Elder Abuse and Neglect (August 2007) presents a six step model for health care providers to identify and respond to elder abuse. Ministry of Health

The Ministry of Social Development funds elder abuse and neglect services in 24 locations throughout New Zealand including services with specific Māori and Pacific focus in Auckland.

Carers Strategy now in place. In the 2006 Census 420,000 New Zealanders reported providing support for an individual with ill health or a disability in the previous four weeks. The strategy covers: health and wellbeing; taking a break from caring; learning for caring; financial support; training and information.

Elder abuse and neglect: Exploration of risk and protective factors. Families Commission. January 2008.

Age Concern New Zealand produced an analysis of referrals to its elder abuse and neglect prevention services for the period 2004-2006. Challenges for the Future identified gaps and recommended that a national strategy be developed.

During 2008 the Ministry of Social Development and Age Concern New Zealand identified proposed priority areas for further action on elder abuse and neglect with a view to working with the Campaign for Action on Family Violence to implement key actions. The Campaign’s Media Advocacy programme has provided training to elder abuse and neglect prevention services to help address the poor media coverage.

Age Concern New Zealand’s Preventing Financial Abuse campaign launched in 2006.

The Health of Older People Strategy has an action to review and strengthen provision to protect vulnerable older people from abuse.

Amendments to the Protection of Personal Property Rights Act 1988 which came into affect in September 2008 strengthen the safeguards and protections in the use of enduring powers of attorney.

Work and Income case managers have been trained to identify and respond to appropriately to older clients who are living in or leaving violent family situations.

The Disability Coalition Against has been established to combat the invisibility of disabled people experiencing violence and abuse and to improve the situation.

Significant progress. The issue has widespread recognition at Government and civil society level. Research has been undertaken, services established, best practice guidelines developed and strategies put into place. The cumulative effect of these initiatives will be able to be assessed after a number of years of operation.

5.4.3

Incorporate a human rights approach into the development of a nationwide public education programme to reduce violence

The public education programme started Sept 2007 has emphasised the right to safety and security of the person.

See 2.4.1.

Some progress. See 2.4.1.

5.4.4

Take action to reduce deliberate harassment of ethnic and religious groups and gay, lesbian and transgender people, including stronger enforcement of criminal sanctions, public education, and closer police liaison with communities

The Police have approximately 32 Diversity Liaison Officers who as a portfolio role work with gay, lesbian, trans and queer communities and train other police officers in working with these groups.

The Police Māori, Pacific and Ethnic Services Unit is working on a hate crimes policy including ways of capturing hate crime statistics. Initial focus on ethnicity and religion.

A campaign sponsored by Christchurch City Council, Canterbury University, Christchurch Polytechnic, the Police, Ngai Tahu and HRC to welcome new arrivals to Christchurch and promote anti-discrimination.

The Prostitution Reform Act 2003 (PRA) had as one of its objectives to create a framework to safeguard the human rights of sex workers and protect them from exploitation including gay, lesbian and trans sex workers. The 3-5 year review of the Act carried out by the Prostitution Law review Committee found that:

· The PRA had increased the perception of sex workers that they had legal and human rights

· Increased the chances that sex workers would report incidents of violence and harassment to the police, though not necessarily to continue trough the court process.

Some progress. There have been some useful initiatives at the government and local government level.

5.4.5

Promote respect for human rights through human rights education for police management, staff, and anyone acting on behalf of the NZ Police

HRC and Police joint train the trainers carried out in 2006. Evaluation completed August 2007.

HRC Project: “Integration of Human Rights into Police Practice” for 2007-2008

Some progress. Human rights still need to be integrated into all levels of police induction and professional development

5.5

Justice

5.5.1

Reduce civil court fees

For those unable to afford court fees fee waivers and legal aid contribute to preserving access to the courts.

Not achieved

5.5.2

Improve access (including the removal of physical, cultural, behavioural and electronic barriers) to courts, the justice sector and legal information

The New Zealand Sign Language Act gives Deaf people the right to use New Zealand Sign Language in legal proceedings.

The Legal Services Amendment Act 2006 increased the threshold for legal aid and simplified entitlement criteria.

Limited progress

5.5.3

Ensure that victims of crime have the opportunity to be heard and that due weight is given to their views in court proceedings

The Legal Services Amendment Bill will ensure victims of crime who want legal aid for representation at coronial inquests or parole board hearings are not subject to financial eligibility testing and will not have to repay legal aid grants. The Bill is still before Parliament.

Inquiry into Victims’ Rights. Report of the Justice and Electoral Committee. December 2007. Initiatives announced as a result of the Inquiry:

· Victims Charter

· National 0800 Victim Helpline and website

· Additional funding to NZ Council of Victim Support Groups

· Law Commission to investigate compensation for victims

· Independent Victim Advocates introduced to Family Violence Courts

· Ministry of Justice is undertaking a Review of Services for Victims of Justice.

The Children, Young Persons and their Families Amendment (No 6) Bill will ensure that victims are consulted and their needs taken into account in Family Group Conferences and that victims are informed of progress if they wish.

The Evidence Act 2006 makes provision for vulnerable witnesses to give evidence in alternative ways such as behind a screen or by pre-recorded video.

Some progress. Initiatives that resulted from the inquiry into victim’s rights have the potential of significantly improving the rights of victims to be heard.

5.5.4

Extend the availability of restorative justice in its various forms

Rethinking Crime & Punishment project of Salvation Army and Prison Fellowship includes wide-spread

availability of restorative justice in its agenda for change.

Restorative Justice Aotearoa organisation set up to support practitioners and groups around the country.

Programmes with restorative justice elements attached to increasing number of courts. Programmes offered in some prisons.

Auckland University of Technology Institute of Public Policy established a restorative justice centre for training, education and research.

Work in education sector to promote restorative justice in schools and educational institutions.

The Ministry of Justice is:

· Considering the use of Restorative Justice in domestic violence and other sensitive cases

· Developing quality assurance measures and eventual accreditation of providers

· Developing work programme to extend restorative justice to victims at all courts throughout the country.

Significant progress. The availability of restorative justice has improved since 2005 and investigations are underway to further extend the availability.

5.5.5

Evaluate the use of family group conferencing in youth justice.

The Review of CY&F Youth Justice Capability in Feb 2006 included a review of family group conferences and provided guidelines for best practice. Numerous other recommendations on improving youth justice services.

The use of Family Group Conferences has been evaluated and improvements incorporated into best practice quidelines.

5.6

Places of detention

5.6.1

Review the use of non-voluntary segregation, periods of lock-down and other health and safety issues in prisons, including the experiences of asylum seekers in prison

Review of these matters was undertaken in the Ombudsmen’s Investigations into the Detention and Treatment of Prisoners (2005) and Prisoner Transport (2007).

New Zealand’s ratification of the OPCAT and implementation of its system of preventive monitoring, provides an opportunity for regular examination of these issues and for identifying and addressing systemic issues.

Some progress. OPCAT visits by the National Preventive Mechanisms have the potential to improve the situation over time.

5.6.2

Provide for external monitoring of detention in military facilities

With New Zealand’s ratification of the OPCAT, military facilities will be regularly monitored through the Judge Advocate General’s office, and annual reports of monitoring activities will be publicly available.

The first annual report of the Inspector of Service Penal Establishments is included in the first New Zealand OPCAT annual report.

5.6.3

Promote respect for human rights through human rights education for management and staff of prisons and all other places of detention

A ‘train the trainers’ human rights education programme was delivered to some staff in the Police, Customs and Department of Corrections. Comprehensive human rights training has yet to be integrated into prison staff training and across all places of detention.

Legislation relevant to human rights such as the Bill of Rights Act 1990 and the Crimes of Torture Act 1989 is included in the induction of Corrections Officers and Corrections Inmate Employment staff. Corrections officers also undertake Suicide Prevention Training.

The Policing Bill is based on a number of principles including that “policing services are provided in a manner that respects human rights” although the principle imposes no particular duties nor gives any particular powers.

Limited progress. Some training and guidelines are in place. There is no systematic and comprehensive approach to human rights education for staff of places of detention.

5.6.4

Implement the Optional Protocol to the Convention Against Torture (OPCAT).

New Zealand ratified OPCAT in March 2007 following the enactment of amendments to the Crimes of Torture Act 1989 to provide for visits by the Subcommittee on Prevention of Torture, the establishment of four National Preventive Mechanisms (NPM) and the designation of the Human Rights Commission as the Central National Preventive Mechanism.

The first annual report of activities under OPCAT has just been completed.

5.7

Human rights and terrorism

5.7.1

Make the safeguards in the Children, Young Persons and Their Families Act 1989 available for all children and young people aged 18 and under who are charged with terrorism offences

See 2.2.2

Some progress. Awaits Bill being passed into law. See 2.2.2

5.7.2

Review legislative measures introduced and designed to deal with terrorism for consistency with human rights standards.

The Human Rights Commission has consistently and rigorously reviewed and highlighted human rights considerations and changes in terrorism legislation.

The Law Commission is undertaking a project to evaluate “the criminal law to prevent organised threats to public safety and security”.

Review achieved but human rights protections have deteriorated.

5.7.3

Implement the Law Commission’s recommendation to repeal the International Terrorism (Emergency Powers) Act 1987.

No action.

Not achieved

5.7.4

Review the security risk certificate provisions in the Immigration Act 1987, including the human rights implications of the legislation.

Security Risk Certificate provisions were reviewed in the context of a review of the Immigration Act 1987. The Immigration Bill currently before Parliament does not adequately incorporate human rights protections

Some progress. Review undertaken.

Economic, Social and Cultural Rights

6.2

Poverty reduction

6.2.1

Develop an official poverty measure, set targets for the reduction of poverty, and monitor progress towards meeting those targets

Most definitions or measures of poverty are based on one of three kinds:

· Personal income

· Household income

· Wider definitions of well being

The New Zealand government uses versions of all three in various contexts, not always with a clear rationale for the choice. Most definitions of child poverty are based on one or more measures of household income.

New Zealand Living Standards 2000 and 2004. The earlier report has associated reports on living standards for older New Zealanders and for older Māori. It uses the Economic Living Standard Index (ELSI) to assess 7 grades of living standard from severe hardship to very good living standard. An analysis of the 2004 data and follow-up investigations

Pockets of significant hardship and poverty MSD June 2007 concludes:

· 15% of the population had very low living standards

· Those more likely to have low living standards are: benefit recipients; M and Pacific people; those in unskilled jobs; being a Housing NZ tenant; having few assets; having multiple marriage breakups and other life shocks; those with restrictions due to poor health and having multiple debts

· For a significant number increased income alone would not alleviate hardship; assistance with access to health services, debt reduction, housing assistance, access to work that pays and affordable transport were identified as barriers to increased living standards

· Any approach to improved living standards must take into account regional variations and individual circumstance not just income.

The 2008 Survey will be reported on in late 2009.

Household incomes in New Zealand: trends in indicators of inequality and hardship 1982-2007. Ministry of Social Development. June 2008. This report uses eight different measures of household income depending on whether housing costs are included or not; whether actual household income is measured or a proportion of the median income is measured and whether the actual of proportionate income is 50% or 60%. There is no international consensus on the most appropriate measure. Some of the findings:

· On all measures, poverty rates fell between 2004-07

· Poverty rates remain at between 7% and 22% of all households depending on the measure used

· Declines in poverty are due mainly to: Working for Families, a strong economy and fewer households relying on a benefit as the main source of income

· Improvements have been greatest for households with at least one adult in full time paid employment

· There is no improvement for households dependant on a benefit as their main source of income

· Māori and Pacific peoples have higher rates of poverty than Europeans

· Single parent families have rates of poverty nearly three times higher than two parent families

· Households dependant on income tested benefits have rates of poverty three times higher than households who get their income from the market

· Children and young people (0-17 years) have the highest rate of poverty of any age group.

The annual “Social Report 2008” uses 5 indicators to assess Economic Standard of Living:

- Market Income per person

- Population with low income

- Housing affordability

- Household crowding

- Income Inequality

The report concludes: market income has risen approximately 1.4% per annum since 1988; the population living on a low income decreased from 17% to 13% between 2004 and 2007; income inequality decreased slightly; the proportion of families spending more than 30% of their disposable income on housing costs increased from 21% to 26% between 2004 and 2007 and 10% of the population lived in crowded housing.

Not achieved. There has been extensive monitoring of poverty, income and standards of living but no official poverty measure has bween developed or adopted and no targets have been set for improving the situation.

6.2.2

Develop an integrated cross-sectoral programme for the reduction of poverty in New Zealand, applying the UN guidelines for a human rights approach to poverty reduction.

Not on any work programme.

Not achieved

6.3

Housing

6.3.1

Implement initiatives to make housing more affordable and accessible for low-income households, with priority to very low income households with children

A considerable number of initiatives at a central, regional and local level are focussed on housing affordability issues including focused research

The New Zealand Housing Strategy includes a focus on housing assistance and affordability.

Regional initiatives include a study Affordable Housing in Nelson, Tasman, and Marlborough commissioned by the Centre for Housing Research Aotearoa New Zealand (CHRANZ) and published in 2006. This has led to the appointment of an Affordable Housing Co-ordinator to assist with improving homeownership rates in the region, and a year-long Affordable Housing project, funded by a Housing New Zealand grant.

A National Summit on Affordable Housing in 2006 brought together a number of agencies to examine the problem of housing affordability, where responsibility for it lies, and possible ways forward.

The Affordable Housing: Enabling Territorial Authorities Act was passed into law in September 2008 to encourage the provision of affordable housing for first home-buyers and modest income families in the rental market. The Act:

· Enables councils to require contributions from new developments based on evidence of an affordable housing needs assessment and the development of an affordable housing policy

· Permits councils to use incentives, such as density bonuses, to help off-set costs to developers who make an affordable housing contribution

· Prevents the use of covenants to exclude social housing including supported accommodation.

Housing New Zealand acquired an additional 497 state houses during 2007-2008. As at the end of 2007-2008 the Corporation managed a total housing portfolio of 68,686 homes.

A subsidiary of Housing New Zealand is developing a 3000 dwelling community on the ex-Hobsonville air base site. The development will include 15% state housing and 15% affordable housing.

Department of Building and Housing is investigating making various compliance requirements easier: multiple use consents, simplified designs for starter homes, and so on.

Some progress. Monitoring and evaluation of the outcomes of these programmes will be required to assess their effectiveness.

6.3.2

Contribute to further innovative initiatives to increase the supply of social housing and diversify social housing options

The Housing Innovation Fund provides loans and grants to community-based organisations and local authorities to acquire, build and purchase housing.

Community organisations such as Community Housing Aotearoa (CHA) and its member organisations, continue to contribute to community housing initiatives.

Housing New Zealand’s Housing Pathways project is developing ways to support groups at risk of poor housing outcomes through key “tipping points”.

Some progress. A considerable number of initiatives at a central, regional and local level are focussed on social housing supply. Monitoring and evaluation of the outcomes of these programmes will be required to assess their effectiveness.

6.3.3

Increase access to home ownership

Initiatives have included: the Welcome Home Loan scheme; KiwiSaver deposit subsidy; home ownership education programme; promotion of Shared Equity schemes; Low Deposit Rural Loans; Papakainga and Home Improvement loans. Some examples:

§ The Welcome Home Loan scheme has assisted over 3,000 households into home ownership

§ 1,704 people have participated in the Welcome Home First Steps education programme

§ Budget 2008 provides $35 million over next two years for a shared equity programme to help modest income earners buy houses.

A sizeable body of research on the issue has included CHRANZ-commissioned studies of constraints on housing supply, and the Future of Home Ownership and the Role of the Private Rental Market.

Some progress in developing programmes but home ownership is at its lowest rate since the 1950s with many commentators predicting it will drop further in the remaining period of the Action Plan.

6.3.4

Implement measures to address the diverse housing needs of disabled people, Māori, Pacific peoples, older people and refugees

Meeting Diverse Needs is one of the priority areas of the New Zealand Housing Strategy, and within the Strategy’s Programme of Action, Housing New Zealand is developing work programmes for each of the identified ‘diverse needs’ groups.

Centre for Housing Research Aotearoa New Zealand (CHRANZ) Housing and Disability: Future Proofing New Zealand’s Housing Stock for an Inclusive Society. Released in May 2007.

The Department of Building and Housing has an Access Advisory Panel that supports providing a disability perspective in policy development. The Department also has Māori and Pacific Advisors that are responsible for developing specific and complementary initiatives for Māori and Pacific Island communities.

Housing New Zealand Corporation launched its Māori strategic plan Te Au Roa:Into the Future in 2007.

CHRANZ research Māori Housing Experiences: Emerging Trends and Issues released in October 2006.

Housing New Zealand is currently developing a housing strategy for Pacific Peoples.

CHRANZ research Pacific Island Housing Experiences: Emerging Trends and Issues was released in August 2007.

Refugees coming to New Zealand as part of the quota programme are usually eligible to Housing New Zealand Corporation housing and income related rent. The Corporation has a national refugee coordinator to assist with housing. The NGO Refugee Services Aotearoa leads a Life Skills House at the Mangere Reception Centre including information and services around housing.

CHRANZ research Accommodation Options for Older People in Aotearoa New Zealand released in June 2004.

Housing Corporation provides assistance to organisations to provide and modernise housing for older people. For example between 1 July 2007 & 31 December 2007 23 new houses were provided and 269 units were modernised.

Housing Support Services in Aotearoa New Zealand: Future Policy and Funding Options. Community Housing Aotearoa. December 2007 states there is no coherent policy framework or comprehensive funding to deliver the wide range of housing support. Housing support includes: tenancy management; residential care; specialist social services; supported housing and outreach support. The report recommends:

· Adopting a whole of government approach to housing support funding and policy

· The introduction of new flexible funding programmes.

Some progress. A considerable number of initiatives at a central, regional and local level are focussed on diverse housing needs. Monitoring and evaluation of the outcomes of these programmes will be required to assess their effectiveness.

6.3.5

Develop national and local strategies to reduce homelessness.

Initiatives include: Auckland Homelessness Forum and Interagency working group; Auckland City Council Homeless Action Plan; Wellington City Council Homelessness Strategy; Nelson Affordable Housing initiative; Christchurch City Council directory of services No Fixed Abode; Salvation Army report, Forgotten People; the Methodist Mission Northern-Airedale integrated ‘pathways’ project; and many other local activities.

Housing New Zealand and the Ministry of Social Development are developing options to:

· Clarify the roles of key agencies in provision and funding of emergency housing in New Zealand

· Improve the cross-government approaches to homelessness

· Improve current funding arrangements.

Some local progress but limited national progress

6.3.6

Implement programmes to systematically address and eradicate dampness, cold and crowding in New Zealand homes

The Healthy Housing Programme continues in the Counties Manukau, Auckland and Northland areas. The programme was launched in Taita South in the Hutt Valley area in April 2008. An evaluation of the programme in Counties Manukau showed significant decreases in hospitalisations for housing-related illnesses. The Healthy Housing Programme is a partnership between the Housing New Zealand and the relevant local DHBs. Over 5000 families have been provided with a housing solution since the programme began in 2001.

The Rural Housing Programme; EECA Energy wise home grants; a winter heating information pack distributed by the Christchurch City Council; the development of the Consumer Build website and

Building Practitioners Scheme – are other examples of relevant initiatives.

The Building Code requirements for insulation were recently increased.

Housing New Zealand houses built before modern insulation standards will receive insulation and clean heating retrofits by 2012.

Weather Tight Homes Disputes Resolution Service (WHRS)

Significant progress. Programmes have been put in place and there is evidence of initial progress in some areas but dampness, cold and crowding are still widespread.

6.3.7

Implement the Building Act 2004 and review the New Zealand Building Code

The implementation of the Building Act 2004 is progressing. In line with the provisions of the Act the Department of Building and Housing has comprehensively reviewed the Building Code and recommendations will be implemented over the next 2-3 years.

There is a need for further monitoring to ensure the review has the desired effects on housing accessibility.

6.3.8

Develop a database for recording the incidence of substandard housing.

Development of a database for recording the incidence of substandard housing is an initiative in the ‘Housing Quality’ area of the Housing Strategy.

Statistics New Zealand is developing housing information needs as part of its Programme of Official Social Statistics (POSS). Indicators to include:

- housing affordability

- habitability

- suitability

- tenure security including homelessness.

Some progress but database is not yet developed.

6.4

Health

6.4.1

Strengthen and extend a whole of government approach (including territorial authorities) to protection and improvement of environmental health determinants, including air quality, water quality and allocation, the built environment and workplaces.

Central government can produce national standards with targets for RC’s to implement e.g. Air Quality Standards.

Department of Labour Workplace Health and Safety Strategy to 2015:

· ILO Convention 155 came into force on 12 June 2008

· A Tripartite Workplace Health and Safety Council has been established for a year

· Ongoing whole of government work programme is underway that contributes to the strategy outcomes of government leadership, industry leadership and preventative workplace cultures.

Ministry of Health:

· Emerging environmental issues: the impact of climate change and sustainable urban development.

· A number of government strategies and plans have environmental components:

- He Korowai Oranga: M Health Strategy

- Achieving Health for All People

- Sustainable Development for New Zealand Programme for Action

- MED Infrastructure Stocktake Report.

Public Health Intelligence is developing environmental health indicators as part of public health indicator project

See commentary on Healthy Housing Programme in 6.3.6.

Some progress

6.4.2

Include a focus on non-injury health issues in occupational safety and health programmes.

No information available.

6.4.3

Focus on building the capacity of whanau/families to provide for the health of their members

No information available.

6.4.4

Initiate discussion of the intersection between health impact assessments (HIA) and human rights, and the potential of HIA to contribute to improvement of health outcomes

Ministry of Health has a unit that provides guidance and assistance on HIA’s. See for instance An idea whose time has come: New Opportunities for Health Impact assessment (Feb 2007) and the June 2005 Guide to doing HIA’s. Both have an emphasis on human rights concepts e.g. equal access to health services and the intersection between adequate housing and good health outcomes.

Some progress. The use of HIA’s has increased. Many include consideration of human rights issues.

6.4.5

Develop the capacity for health impact assessments to ensure that the effects on health of central and local government policy are considered during the process of policy formation.

Since September 2006 there has been funding to support HIA’s for new government policy and legislation as well as guidance available. See 6.4.4 above.

University of Otago has a Centre for Impact Assessment Research & Training (covers other kinds of impact assessment as well as health e.g Environmental Impact Assessment).

Some progress. See 6.4.4

6.4.6

Address persistent obstacles to child and maternal primary care, especially immunisation, essential medicines and well-child care, for families on low incomes

At 1 January 2008, 70% of children under six were receiving free standard General Practitioner consultations through practices participating in the Very Low Cost Access scheme.

New Zealand’s infant mortality rate continues to drop to 5.3 per 1000 live births for the March 2008 year but is still higher than the United Kingdom, Australia and many European countries. The Māori infant mortality rate has fallen from 10.1 in 1998 to 7.4 in 2008 but is still significantly higher than the overall rate. Infant mortality is higher in areas of highest deprivation and lowest in areas of least deprivation.

A National Immunisation Register and related programmes has improved immunisation rates but they are still short of the target of 95% of under two-year-olds being immunised. Māori (69%) are less likely to be fully immunised by age two years than European and other ethnicities (81%). The immunisation rate across all groups is 71% (2007).

Free pre and post natal health care is now available to all pregnant women.

Well Child Tamariki Ora offers all children from birth to five years, free health screening, education and support services. In 2008 free ready for school health checks were introduced. The Well Child framework is currently being reviewed.

Significant progress. Increases in funding and the improvement in services accessibility has contributed to a falling infant mortality rate. There is still evidence of a significant disparity between Māori and non-Māori health outcomes.

6.4.7

Strengthen community involvement and accountability in Primary Health Organisation governance and management.

No progress

6.4.8

Initiate a structured public discussion about a human rights approach to health

No progress

6.4.9

Review available evidence on accessibility to health care, especially for the most disadvantaged and marginalised population groups

Tracking Disparity: Trends in ethnic and socioeconomic inequalities in mortality 1981-2004. Ministry of Health 2007. Overall poor people and Māori have worse health outcomes. The inequalities increased through the 90’s but seem to have stabilised in the 00’s.

Some progress. Some research has taken place. There has been no comprehensive review of evidence.

6.4.10

Consider whether the Code of Health and Disability Services Consumers’ Rights should incorporate specific reference to access to services

The Health and Disability Commissioner is undertaking a review of aspects of the code in 2009. He has yet to decide if this will include the issue of access to services.

No progress. Could be progress in 2009.

6.4.11

Incorporate matāuranga hauora (concepts of Māori health) in delivery of mainstream health services

Te Takaka Tuarua: Māori Health Action Plan 2006-2011

Other health Action Plans also have elements about Māori health, Māori Health Concepts

Māori Health Workforce Development Plan

Guidelines on Māori Cultural Competencies for Providers. June 2005

Some progress. The Māori Health Action Plan and Māori Health Workforce Development Plan both cover this issue. It is too early too assess progress.

6.4.12

Include human rights and matāuranga hauora concepts in the education of health practitioners

Health Practitioners Competence Assurance Act 2003 requires all those covered by the Act to be culturally competent. Tertiary courses for these health practitioners require an understanding of Māori health concepts. The Act covers doctors, dentists, nurses, occupational therapists, pharmacists, psychologists, physiotherapists and dieticians. The Act is mentioned here because there is evidence of continued improvement since 2005 e.g. in assessing the needs and competence of health professionals in the NGO sector.

Some progress. A systematic approach has yet to be developed.

6.4.13

Invest in significant improvement to interpreter services available at primary, secondary and tertiary health services

Increased funding for interpreter services

Some progress. There is no assessment of whether increased funding has resulted in adequate service availability.

6.4.14

Improve access to appropriate health services for transgender people

Improving trans people’s access to public health services, including gender reassignment services, is one of the five major recommendations in the Human Rights Commission’s Transgender Inquiry report. Since its release, the Commission has facilitated a health sector roundtable which developed and submitted a proposal to the Ministry of Health. The Ministry is considering their response to that proposal and to other suggested actions in the Inquiry report.

Some progress. Prospects for further progress during the remainder of the Action Plan period are good.

6.4.15

Inquire into medical practice in New Zealand regarding the assignment of gender to intersex infants and their ongoing health care.

The Transgender Inquiry covered some initial issues in this area. Further work will happen in follow up to the Inquiry findings

Limited progress, but further progress is likely in the period of the Action Plan.

6.5

Education

6.5.1

Accessible, appropriate and quality literacy services are available to all adults in New Zealand.

The international Adult Literacy and Life Skills Survey 2006 showed that the number of adults with very low literacy skills had reduced significantly since 1996 but there are still significant numbers with low literacy skills.

Literacy in Taranaki pilot. MSD research to establish a reliable means of establishing literacy need. An assessment tool was trialled to make links to the Adult Literacy Achievement Framework (ALAF)

Literacy, Numeracy and Language Strategy

Budget 2008 provided $168 million for improving the literacy, language and numeracy skills of the New Zealand workforce. Workplace Literacy Fund established.

The Ministry of Education launched the Literacy, Numeracy and Language Action Plan in August 2008.

Some progress.

6.6

Employment

6.6.1

Address barriers to employment and challenge stereotypes in relation to disabled workers, older workers, migrants, refugees, Māori and Pacific workers, and men and women returning to the workforce after family responsibilities

Good employer obligations extended to Crown entities in Crown Entities Act 2004. Benchmark survey of annual reports showed 98% of Crown entities had complied to some extent with their legal obligations to report on being a good employer.

Disabled workers:

The Disabled Persons Employment Promotion Act Repeal Act: all sheltered workshops have to pay all workers the minimum wage and provide access to holiday and sick leave entitlements, unless exemptions for specific workers are obtained.

Statistics New Zealand report on the relationship between disability and labour market outcomes being developed.

The annual Human Resource Capability Survey of Public Service Departments has not collected data on disability since 2005. The 2005 Career Progression and Development Survey for the public service showed a slight drop in the proportion of disabled people employed since the previous survey in 2000 (from 8% to 7%)

Workbridge have adapted a United Kingdom Employers Forum on Disability publication for use in New Zealand, titled Managers Guide: a best practice approach to working with disabled employees.

The Working New Zealand programme began in 2007. It includes increased support, case management, employment planning and provision of health services.

Older workers:

Progress towards achieving 10 goals of NZ Positive Aging Strategy. Positive Ageing Indicators 2007 charts progress to date. The Strategy has been amended to better reflect changes in focus for older workers: to eliminate age discrimination, encourage work-based training and promote flexible working arrangements that would enable older workers to stay in work as long as they wish.

Statistics New Zealand released labour force projections in May 2008 detailing the ageing New Zealand workforce.

The Human Rights Commission and the Retirement Commissioner held a summit of senior officials in 2006 to focus on the untapped potential of older workers, to identify strategies for action and develop a business pilot project.

Statistics New Zealand report on mature aged workers in the labour force is being developed.

Workforce Ageing-An Issue for Employers. Institute of Policy Studies, Victoria University and NZ Institute of Management. April 2008. Reports on a survey of NZIM members about employers’ attitudes and policies towards older workers

Maximising the Potential of Older Workers, Update to 2007. Judith Davey, NZ Institute for Research on Ageing. Older worker have increasing labour force participation rates. In 2006 12.2% of people 65 years and older were employed for one or more hours per week. Men (16.5%) had a higher rate than women (8.7%) and Māori (19.4) were more likely to be employed than other ethnicities, perhaps due to a younger age structure.

By the June 2008 quarter 14.4% of people 65 years and older were employed for one or more hours per week. Men (18.9%) had a higher rate than women (10.6%).

Department of Labour research indicates that the increase in older workers labour force participation since 1999 is much larger than for the general population. Older workers have accounted for 45% of the total increase in employment since June 1999. The unemployment rate for older workers for the year to June 2008 was 1.5% compared with the annual average rate of 3.6%.

The Human Rights Commission, the Retirement Commissioner, Business New Zealand, the Combined Trade Unions and the Equal Employment Opportunities Trust have developed a toolkit that provides employment relations advice, strategies for recruitment, retention, and phased retirement and case studies, related to older workers and aimed at employers.

Migrants and refugees:

Obtaining appropriate employment is one of the intermediate goals of the New Zealand Settlement Strategy and is a focus of the Regional Settlement Strategies. A number of initiatives are underway designed to support and improve migrant and refugee employment outcomes.

The Human Rights Commission publication Brain gain: Migrant workers in New Zealand features stories of migrant workers and their employers, pre-employment advice, and a resource list.

Omega, an Auckland private sector initiative provides skilled migrants with mentors. Funded by the Tindall Foundation.

The Migrant Employment Assistance scheme supports projects that are working with recognised communities or individuals who have been in New Zealand for less than two years and have difficulty accessing the labour market,

Māori and Pacific:

The gap between Māori and Non-Māori has continued to narrow across most key labour market indicators. Unemployment rates are at a record low but are still more than double the general population. Over the last five years Māori average hourly earnings have lagged behind the economy-wide average but by a smaller margin than previously.

While the unemployment rate for Pacific peoples is lower than that for Māori this is offset by a lower rate of labour market participation and a lower rate of employment. The average for Pacific peoples is well below the average wage for the whole economy. This is affected by the younger age profile of Pacific peoples and a higher representation in low-wage occupations.

Men and women returning to the workforce:

Extension of paid parental leave for self-employed people.

Removal of New Zealanders last reservation to CEDAW related to women in armed forces.

Employment Relations (Flexible Working Arrangements) Amendment Act 2007. From the 1 July 2008 employees with caring responsibilities have a statutory right to request flexible work. To be eligible the person must have been employed by the employer for 6 months prior to making the request. Employers must consider the request and the Act gives the only grounds on which a request can be refused.

Department of Labour’s Making Flexibility Work, practical ideas for small business

Business New Zealand flexible work practices booklet

EEO Trust Work and Life Awards and diversity forum

Choices for Living, Caring and Working August 2006 provides a ten year plan of action to improve the caring and employment choices available to parents and carers. 43% of employees are responsible for the care of someone such as a child or elderly relative. The plan looks at: caring for children in their first year; access to early childhood education; out-of-school services and encouraging flexible work practices.

Employment Relations (Breaks and Infant Feeding) Amendment Act

Summary: A comparison of unemployment rates gives the best summary we have of current barriers to employment for various sectors of society. The most recent figures for which comprehensive statistics are available are December 2007. Figures are for percentage of the workforce unemployed and actively seeking work:

General	3.5 %
Māori	7.7 %
Pacific Peoples	6.5 %
European	2.6%
Other Ethnicities	5.5 %
Young people (15-19)	14.0 %
Māori Youth	22.6 %
Pacific Peoples Youth	22.0%
European Youth	11.6 %
Disabled People	7.0 %
People over 55 years old	1.4%
Women	3.5 %
Men	3.4%

· Māori and Pacific Peoples unemployment rates have improved the most. (Māori 16.6% in Dec 1999) Youth unemployment rates have improved the least. (overall youth rate 16.7 % in Dec 1999)

Disabled workers: some progress. Some barriers to equal wages and conditions have been removed. Programmes associated with Pathways to Inclusion have been instituted. Too early to assess the full impact of all initiatives.

Older workers: some progress. Overall workforce participation rates have doubled between 1994 and 2006 (most recent figure)

Migrants and refugees: some progress. Initiatives are in place but there is significant anecdotal evidence that migrants and refugees still have difficulty getting employment appropriate to their qualifications.

Māori and Pacific: some progress. There is still a large gap in key indicators between Māori and Pacific peoples and the general population.

Men and women returning to the workforce: significant progress. The extension of paid parental leave to the self-employed and the changes to relevant laws has improved the legal and policy framework.

6.6.2

Increase diversity in participation in the Modern Apprenticeship Scheme

The Human Rights Commission publication Give Girls a Go was widely distributed

More active strategies by Ministry of Women’s Affairs, Tertiary EC & Career Services to increase diversity of Modern Apprenticeship scheme and trades training

As at 31 December 2007 16% of modern apprentices were Māori, 9% women, 3.5% Pacific peoples. Women and Pacific peoples continue to be under-represented in a scheme that has over 10,000 participants. The worst industries are building and construction (5 women out of 1618 trainees) engineering (15 out of 1536) and motor engineering (52 out of 1459)

Some progress, but there is still a clear divide between male dominated apprenticeships and female dominated apprenticeships and overall an over- representativeness of males.

6.6.3

Address bullying, harassment and discrimination in the workplace

Bullying training module produced by HRC

Limited progress

6.6.4

Connect sectors and coordinate EEO activities among practitioners, academics, employers and trade unions

The NEON website, developed as a partnership between HRC and the Equal Employment Opportunities Trust, provides resources and news. 120,000 plus hits per month for May 2008.

The Equal Employment Opportunities Trust has developed networks and fora for human resource and EEO practitioners held regularly around the country.

Some progress. There is increasing sharing of resources and ideas.

6.6.5

Improve the protection of rights for low paid and unpaid workers

Department of Labour reviews levels of training, adult and new entrants minimum wages. Regular increases in the minimum wage.

Minimum Wage (New Entrants) Amendment Act 2008 came into force on April 1 2008. The Act abolished the previous youth minimum wage rate and established a new entrants wage rate. At 1 April 2008 minimum wage was $12.00 per hour and the new entrants rate was $9.60 per hour.

The Minimum Wage and Remuneration Amendment Bill proposed extending minimum wage protections to specified classes of contract lapsed on the dissolution of Parliament.

Some progress. Regular increases in the minimum wage and improvements for young workers and new entrants to the workforce.

6.6.6

Adequately resource pay and employment equity in health, education and the public service to achieve compliance with ILO Convention 100 (Equal Remuneration Convention)

The Pay and Employment Equity Unit, Department of Labour leads the Government’s Pay and Employment Equity Plan of Action. The outcome sought for the current phase of the plan is that remuneration, job choice and job opportunities in Public Service, public health and public education sectors are not affected by gender.

As at October 2008 pay and employment equity reviews and response plans have been completed in all public service organisations, the public health sector and the public school sector. Reviews have commenced in the tertiary and kindergarten sectors. Pay investigations are underway for special education support workers and statutory social workers.

The Plan was extended to Crown entities and local government in 2007.

Tools and resources available include: the Pay and Employment Equity Review Process Handbook; the Equitable Job Evaluation tool; the Gender-inclusive Job Evaluation Standard and Spotlight a skills recognition tool.

Some progress.

Implementation of pay and employment equity reviews is slow.

At June 2007 the average wage for women is 84.0% of the average age for men compared to five years ago when it was 85.4%

At June 2007 the pay gap in the public sector was also 16% with little change since 2002.

6.6.7

Encourage the implementation of pay and employment equity in the private sector to achieve compliance with ILO Convention 100 (Equal Remuneration Convention)

A review of progress on the Plan of Action and advice on extending the Plan to the private sector is to be provided to the Government in 2010.

The tools and resources listed in 6.6.6. are available to the private sector free of charge.

The Talleys case was a landmark gender discrimination decision about occupational segregation and pay equity

Three new online databases of women wanting Board positions

Limited progress. Some useful tools and resources are available but no action plan has been developed.

6.6.8

Ratify ILO Convention 183 on Maternity Protection

The Employment Relations (Breaks, Infant Feeding and Other Matters) Amendment Act 2008 comes into force on 1 April 2009 and is a step towards consistency with ILO Convention 183. The Act provides for unpaid breaks for infant feeding and allows for paid breaks to be negotiated. It stipulates that appropriate facilities should be provided where reasonable and practicable to do so. A code of employment practice is to be developed as soon as is practicable.

Some progress. The legal framework has improved.

6.6.9

Ratify ILO Convention 138 on the Minimum Age for Admission to Employment

Policy work on the potential ratification this Convention is taking place in Department of Labour.

Limited progress

6.6.10

Ratify ILO Convention 87 on Freedom of Association and Protection of the Right to Organise

Not on any current work programme

No progress

6.6.11

Ratify ILO Convention 159 on Vocational Rehabilitation and Employment (Disabled Persons).

Not on any current work programme

No progress

6.6.12

Improve training and career development opportunities for the home care and personal support workforce

Sept 06 Government 10 year Caring and Working Plan announced

Some progress

6.6.13

Improve the status and remuneration of home care and personal support workers.

Sept 06 Government 10 year Caring and Working Plan announced.

Aged care and disability support have different funding mechanisms so progress is uneven.

Limited progress

Getting the Framework Right

7.2

The place of the Treaty of Waitangi

7.2.1

Promote and support increased public discussion of the place of the Treaty of Waitangi today and in the future

The Human Rights Commission’s Te Mana I Waitangi project

See 4.3.1

Some progress.

7.2.2

Ensure that all New Zealanders have the opportunity to participate in public discussion on the place of the Treaty of Waitangi and in any public consideration of issues relevant to the constitutional framework for human rights in New Zealand

The Human Rights Commission’s Te Mana I Waitangi project

Inquiry to review New Zealand’s existing constitutional arrangements by the Constitutional Arrangements Committee was reported to Parliament in August 2005. Its major recommendation was that constitutional issues should be dealt with as they arise through the select committee system.

Limited progress. There has been no government or public support for a widespread consideration of New Zealand’s constitutional framework.

7.2.3

Ensure that the status of the Treaty of Waitangi is part of any consideration of New Zealand’s constitutional arrangements.

Limited consideration of New Zealand’s constitutional arrangements 2005 - 2008

No progress. There has been no government or public support for a widespread consideration of New Zealand’s constitutional framework.

7.3

The rule of law - the legal framework for human rights in New Zealand

7.3.1

Promote discussion on the legislative status of economic, social and cultural rights as well as civil and political rights

The issue has been raised in a number of Human Rights Commission submissions to Parliamentary Select Committees.

The Ministry of Justice recently submitted New Zealand’s fifth periodic report on the International Covenant on Civil and Political Rights (ICCPR) and is compiling New Zealand’s third periodic report on the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both were compiled with public input.

Limited progress.

7.3.2

Promote discussion on the merits of entrenching fundamental human rights in New Zealand’s constitutional framework

The Constitutional Arrangements Select Committee Inquiry reported in 2005, with a number of recommendations mostly around public information and awareness raising.

Limited progress.

7.3.3

Review the grounds on which discrimination is prohibited in the Human Rights Act 1993 and the exceptions in Part 2 of the Human Rights Act 1993.

The Human Rights Commission has reviewed the grounds of discrimination and exceptions in relation to disability, gender identity and breast feeding

Some progress. A formal review is not on the Governments work programme.

7.4

Good governance - applying human rights in the development of policy and legislation

7.4.1

Adopt a key government goal that affirms the centrality of human rights to good governance

Not on any current work programme.

Not achieved

7.4.2

Develop tools and processes for parliamentary and executive branches of government to achieve a stronger human rights framework for legislation and policy and practice, including strategic planning, policy development, and legislative scrutiny, for example: Conducting practical case studies with central and local government applying a human rights approach to new and existing policies and legislation; Creating human rights analysis tools for the public sector to employ when developing policy, legislation, and/or practices; Including human rights statements in local government Long Term Council Community Plans and District Plans; Assessing how Select Committees can best take into account New Zealand’s human rights obligations when considering legislation; Strengthening requirements for noting human rights compliance of papers for Cabinet Committees and of Bills by requiring reference to the full range of New Zealand’s human rights obligations; Providing for periodic monitoring and evaluation of human rights scrutiny processes.

The Ministry of Justice has a programme for supporting the integration of human rights into policy development into central Government

Limited progress.

7.5

Human rights education

7.5.1

Develop a nation-wide strategic approach to human rights education in collaboration with government and non-government agencies and organisations

There have been some initiatives with particular agencies and organisations but no nation wide approach.

Limited progress

7.5.2

Develop a framework to assess human rights education best practice and outcomes.

A Right To Education Framework has been developed by the Human Rights Commission for the New Zealand situation.

The framework has been developed but it has not been used by the government to assess progress or gaps.

7.6

Accountability - monitoring human rights

7.6.1

Ensure that all government agencies gather, report and use human rights data, including data that can be disaggregated in accordance with the reporting requirements under international human rights obligations, by age, gender, disability, sexual orientation

There has been some progress in developing outcomes frameworks e.g. The Children’s Well Being Outcome Framework but these have not been directly related to international human rights obligations

Statistics on people detained under the Mental Health Act and the Intellectual Disability Act in the Ministry of Health’s next Mental Health Report.

As part of the Programme of Official Social Statistics (POSS) a review of housing statistics covers information needs around national standards against which to assess housing quality and identify households in substandard accommodation.

Some progress. Outcomes Frameworks and the associated data gathering have been developed in some areas such as the wellbeing of children and young people and positive ageing but there ahs been no overt linking of the information to human rights outcomes.

7.6.2

Develop mechanisms for better collection and coordination of data on complaints of discrimination

HRC’s data collection on complaints has improved with RADAR, it’s internal data collection system.

Some progress within the Human Rights Commission. No evidence of any other initiatives.

7.6.3

Make the recommendations of United Nations human rights treaty bodies widely known.

The Children’s Commissioner has made considerable efforts to publicise UNCROC Committees reports

Recent CERD committee comments got a lot of publicity in NZ

Some progress. Promotion of the recommendations has largely been the work of civil society, the Children’s Commissioner and the Human Rights Commission.

7.6.4

Establish consistent collection and publication of data on disabled people in prison

See 3.5.1.

See 3.5.1

7.6.5

Establish consistent collection and publication of data on people detained under the Mental Health (Compulsory Assessment and Treatment) Act 1992 and the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

The Director of Mental Health’s annual report contains data on people detained under the Mental Health (Compulsory Assessment and Treatment) Act 1992. Data on people detained under the Intellectual Disability (Compulsory Care and Rehabilitation) act 2003 is published on the Ministry of Health website.

Achieved

7.6.6

Develop an integrated dataset to record the numbers, characteristics and experiences of children and young people in institutional care.

See 2.5.6

Some progress.

7.7

New Zealand acting internationally

7.7.1

Take a leadership role internationally in the completion of the Draft Declaration on the Rights of Indigenous People and the Convention on the Rights of Disabled People, and in providing protection from discrimination on the grounds of sexual orientation.

See 3.2.1 for information on the Disability Convention

Achieved.

7.7.2

Carry out further work to ”map” and then promote discussion about New Zealand’s human rights obligations in the areas of foreign policy, trade and development.

Inquiry into the Role of International Human Rights in Foreign Policy conducted by the Foreign Affairs, Defence and Trade Select Committee. Reported August 2005.

Some progress

7.7.3

Support the protection and promotion of human rights in New Zealand’s neighbouring Pacific region both nationally and regionally, including advice and assistance in relation to human rights and other institutions, support and cooperation with civil society

Converging Currents: Custom and Human Rights in the Pacific published in 2006 by the Law Commission

The Ministry of Foreign Affairs and Trade and NZAID have had an increasing focus on encouraging the promotion and protection of human rights in the Asia pacific region as a whole. NZAID funds a wide range of human rights related initiatives, programmes and projects.The Human Rights Commission has provided significant support in this area including capacity building and investigating ways to establish human rights mechanisms in the Pacific region

The Law Commission published a major research report :

The Human Rights Commission has actively supported work on establishing human rights initiatives and has been instrumental in the establishment of a senior human rights advisor position in the Pacific Islands Secretariat

Significant progress. More initiatives are planned in the remaining period of the Action Plan

7.7.4

Support further research into the human rights elements of the specific concerns posed by impending environmental changes in the Pacific region.

The Human Rights Commission has contributed to a report by the Asia Pacific Advisory Council of Jurists Human Rights and the Environment. September 2007

Limited progress

Mana ki te Tangata / New Zealand Action Plan for Human Rights:

Mid-term Review of Progress

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