We want to live in an Aotearoa where disabled people and whānau can thrive in caring communities.

But right now, that is under attack from every direction from this Government. They're making it harder for disabled people to:

  • Get around, by cutting taxi subsidies.
  • Find an accessible house.

And now, the Government is debating a dangerous Bill about disability support.

This Bill would make it harder for whānau to care for their disabled loved ones by:

  • Weakening support
  • Reducing flexibility
  • Limiting protections for caregivers.

Minister Upston has downplayed the significance of this Bill. She says it's about making a legal framework which will give more clarity, certainty, consistency and transparency for disabled people and whānau.

But we don't think trampling on human rights, ignoring Te Tiriti and placing more importance on Government financial savings than people’s wellbeing is the way to do this.

That's why we need as many submissions as possible to oppose this Bill.

Submissions close Friday 12 June at 1pm.

SUBMIT HERE


What you might want to say in your submission:

  • I oppose this Bill and recommend it be withdrawn.

This is the most important thing to say because ministers will look at the numbers of people who support or oppose the Bill.

If you support a very different-looking legal framework for DSS, feel free to make that point but we recommend you still say clearly that you oppose this particular Bill.

If comfortable, say if you have a personal connection to this kaupapa e.g. as a disabled person or whānau, as someone accessing or needing disability support or carer payments.

Why is this important?

This Bill came about in a rush in response to a Supreme Court ruling which said that two family carers of disabled people needing significant support should be treated as employees by the government, so that they have access to better pay and wellbeing considerations.

Instead of addressing the real issue and properly supporting disabled people and their families, the Government has introduced a bill to avoid costs associated with more successful employment claims. They're putting financial savings above human rights. In this process, they are also setting the purpose and principles for Disability Support Services.

This is a back-to-front way of going about designing a solid foundation for disability support. The Bill's very existence was only made public three days before its first reading.

That means disabled people, whānau, their representative organisations and the wider disability sector did not have input into what the legal foundations for disability support in Aotearoa should be.

This lack of proper process, as well as the harm this proposal could do to disabled people, are the key reasons we recommend that you oppose this Bill.

Designing a good legal framework for disability support is needed and worthwhile. However, with about five months to go before the election, this process should not be rushed through this year.

SUBMIT HERE


You could make any of the points below or build on these ideas in your own words.

Impacts

  • The Bill unfairly and wrongly assumes that it will always be possible, appropriate and viable for disabled people to be cared for by family or whānau first.
  • The Bill denies the autonomy of disabled people to choose support arrangements that meet their needs as set out in Article 19 of the UNCRPD.
  • The Bill severely devalues family and whānau carers, particularly in the context of caring for disabled adults as opposed to children. Care may be done out of love and necessity but this does not negate the real impacts of financial hardship, exhaustion and the need for appropriate respite.
  • The impacts invariably fall hardest on those already under the most strain including Māori and Pacific whānau, disabled people with additional caring responsibilities, single parents and older people.
  • Even though the Bill does not directly impact funding allocations right now, it will do so in future. It will legalise the ability to narrow disability support in a large number of ways any number of times at the Minister's discretion.
  • Specifically, it gives sweeping powers for the Minister to set ministerial programmes which could severely constrain support eligibility criteria including via income and asset testing, living arrangements and many other variables. I oppose this.

Process considerations:

  • Any legal framework for Disability Support Services needs to go through a thorough, accessible co-design process with the disability community and sector. This includes with disabled people and representative organisations, tāngata whaikaha me whānau hauā, family/whānau carers, and the wider disability sector.
  • This has not happened in this case. As suggested in the Regulatory Impact statement, this is a breach of UNCRPD article 4.3 where the government needs to "closely consult with and actively involve" disabled people through their representative organisations when setting laws and policy.
  • Previous Disability Support Services consultation did not cover questions about making a legal framework. The current select committee process is far too short to be accessible or meaningful.
  • Therefore, I recommend a DSS law of any kind should not pass before the 2026 election.

Purpose and Principles of DSS:

  • The purpose and principles underpinning disability support should never amount to saving the government money by providing as little financial support as possible to disabled people and whānau, but that is what this Bill would make legal.
  • I believe the purpose and principles underpinning Disability Support Services should at minimum be based on human rights including UNCRPD protections, Te Tiriti and cultural appropriateness, Enabling Good Lives approach, equity, wellbeing, valuing care and support work, safety and enabling disabled people and whānau to thrive.
  • While I do not support any version of this Bill going ahead in this short timeframe, if it does, then I recommend that the purpose and principles of DSS be in line with these foundations, or similar foundations suggested by the disabled community.
SUBMIT HERE


Further reading

You can also check out: