Accessibility for New Zealanders Bill

Accessibility for New Zealanders Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Accessibility for New Zealanders Act 2022 . 2 Commencement This Act comes into force on a date appointed by the Governor-General by Order in Council. One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. To the extent that it is not previously brought into force under subsection (1) , this Act comes into force on 1 July 2024 . An order made under subsection (1) is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Purpose The purpose of this Act is to accelerate progress towards a fully accessible New Zealand where disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs have an equal opportunity to achieve their goals and aspirations. To that end, this Act establishes the Accessibility Committee to— a identify accessibility barriers in New Zealand society; and b progressively work towards preventing and removing accessibility barriers in New Zealand society; and c progressively work towards growing accessibility practices across New Zealand. 4 Principles All persons performing a function or duty or exercising a power under this Act must have regard to the need to respect and uphold the rights of disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs in New Zealand law, including rights that are derived from the following: a the United Nations Convention on the Rights of Persons with Disabilities: b other international instruments that are relevant to, and that affect, disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs. 5 Tiriti o Waitangi/Treaty of Waitangi In achieving the purpose of this Act, all persons performing a function or duty or exercising a power under this Act must act in a manner that gives effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi. 6 Interpretation In this Act, unless the context otherwise requires,— accessibility barriers means obstacles or circumstances that prevent or hinder disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs from living independently and participating on an equal basis with others Accessibility Committee or Committee means the Committee established by section 9 accessibility practices means actions, measures, modifications, or adjustments that enable disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs to live independently and participate fully on an equal basis with others chief executive means the chief executive of the Ministry Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act reasonable accommodations , in relation to a Committee member, means making any necessary and appropriate modifications or adjustments that do not impose a disproportionate or undue burden to ensure that the Committee member can carry out their office as a member on an equal basis with others recommendation , except in sections 10(2) and 24(1) , means a recommendation made by the Committee under section 15(1)(c) specified entity means— a a department named in Part 1 of Schedule 2 of the Public Service Act 2020, other than— i the Government Communications Security Bureau; and ii the New Zealand Security Intelligence Service: b a departmental agency named in Part 2 of Schedule 2 of the Public Service Act 2020: c a statutory entity named in Schedule 1 of the Crown Entities Act 2004: d Veterans’ Affairs New Zealand: e a local authority (as defined in section 5(1) of the Local Government Act 2002) tāngata whaikaha Māori means disabled people who are Māori te ao Māori means Māori world view tikanga Māori means Māori custom and protocol. 7 Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms. 8 Act binds the Crown This Act binds the Crown. 9 Accessibility Committee established This section establishes the Accessibility Committee. 10 Membership of Committee The Committee consists of up to 8 members appointed by the Minister, comprising— a a chairperson; and b 5 to 7 other members. The Minister may, on the recommendation of the Committee, appoint up to 2 additional members to ensure that the Committee as a whole has the attributes set out section 11(2) , in which case, the Committee consists of up to 10 members. 11 Process for appointing Committee members The Minister may, by notice in the Gazette , appoint a person as a Committee member if— a the person has been nominated by the community nominations panel or the Māori nominations panel; and b the Minister has had regard to the matters in subsection (2) . When appointing Committee members, the Minister must— a ensure that a majority of the members are disabled; and b ensure that the Committee as a whole— i has knowledge and understanding of te Tiriti of o Waitangi/the Treaty of Waitangi, te ao Māori, and tikanga Māori; and ii has knowledge and understanding of the United Nations Convention on the Rights of Persons with Disabilities; and iii has knowledge of, and experience in, preventing and removing accessibility barriers and growing accessibility practices; and c ensure, as far as is reasonably practicable, that the Committee as a whole— i has knowledge of, and experience in, government processes and business; and ii reflects a broad range of types of impairment; and iii has a gender balance includes people of different genders ; and iv includes perspectives of people from different cultural backgrounds and of different ages; and v includes the family or whānau or carers (or both all ) of disabled people and tāngata whaikaha Māori ; and vi has knowledge of, and experience in, any other matters that the Minister thinks fit. 12 Community nominations panel The Minister must establish a community nominations panel for the purpose of nominating 1 or more candidates for appointment by the Minister as Committee members. The community nominations panel consists of up to 5 members appointed by the Minister, comprising— a a chairperson; and b up to 4 other members. The Minister must appoint to the community nominations panel people who, in the Minister’s opinion, have the relevant skills or experience to identify suitably qualified candidates for appointment to the Committee, having regard to— a networks of importance to disabled people and tāngata whaikaha Māori, and their families or whānau; and b individuals or groups whose specific perspectives are required for the purposes of the Committee’s functions or duties; and c individuals who hold key roles in the disability sector. 13 Māori nominations panel The Minister must establish a Māori nominations panel for the purpose of nominating 1 or more candidates for appointment by the Minister as Committee members. The Māori nominations panel consists of up to 5 members appointed by the Minister, comprising— a a chairperson; and b up to 4 other members. The Minister must appoint to the Māori nominations panel people who, in the Minister’s opinion, have the relevant skills or experience to identify suitably qualified candidates for appointment to the Committee. In appointing persons to the Māori nominations panel, the Minister must, as far as is reasonably practicable, consult— a tāngata whaikaha Māori and their whānau; and b networks of importance to tāngata whaikaha Māori and their whānau; and c any other Māori groups that the Minister considers appropriate. 14 Further provisions relating to Committee The provisions set out in Schedule 2 apply to the Committee and its members. 15 Functions of Committee The functions of the Committee are— a to provide advice to the Minister on matters relating to accessibility barriers and accessibility practices: b to develop a work programme that sets out the accessibility barriers and accessibility practices that the Committee intends to provide advice to the Minister about: c to make recommendations to the Minister about the prevention or removal of accessibility barriers by specified entities and the growing of accessibility practices by specified entities: d to assess, and report to the Minister under section 17 on, progress made by specified entities in implementing the Committee’s recommendations: da to receive and consider the views and experiences of disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs in a way that is accessible: e to perform any other functions conferred or imposed on the Committee— i by the Minister; or ii by or under any other legislation. The Committee’s work programme developed under subsection (1)(b) must be— a updated at least annually; and b published on an Internet site maintained by or on behalf of the Ministry. When making a recommendation under subsection (1)(c) , the Committee must, as far as is reasonably practicable,— a identify the domain aspects of life in which the accessibility barrier or accessibility practice exists; and b describe the nature and scale of the accessibility barrier or accessibility practice; and c describe the historic and current context of the accessibility barrier or accessibility practice, as appropriate; and d outline options to address the accessibility barrier or grow the accessibility practice, including any financial implications; and e outline the potential benefits and trade-offs involved in addressing the accessibility barrier or growing the accessibility practice; and f state who the Committee has consulted in developing the recommendation. 16 Duties of Committee In performing its functions, the Committee must— a give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi and consider tikanga Māori and te ao Māori in its work in preventing and removing accessibility barriers and growing accessibility practices; and b ensure that its work incorporates the experiences of disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs. When developing recommendations, the Committee must consult affected sectors and interested parties, including disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs in a way that is accessible. This section is in addition to and does limit any other duties of the Committee under this Act. 16A State of accessibility in New Zealand report The Committee must, on an annual basis, provide the Minister with a written report that contains an assessment of the state of accessibility in New Zealand. The purpose of the report is— a to promote public awareness of current systems-level accessibility barriers in New Zealand; and b to enhance the accountability of specified entities in relation to accessibility barriers. The Committee must ensure that the report includes an assessment of the known systems-level accessibility barriers in New Zealand, including by— a identifying the aspects of life in which the accessibility barrier exists and describing the nature and scale of the accessibility barrier; and b identifying the specified entity (or specified entities) responsible for the aspects of life in which the accessibility barrier exists; and c indicating how the accessibility barrier interacts with any statutory functions, duties, requirements, or restrictions (as applicable); and d reporting on the views and the experiences of disabled people, tāngata whaikaha Māori, and their families or whānau, and others with accessibility needs in relation to the accessibility barrier; and e reporting on the progress made by the specified entity (or specified entities) in preventing or removing the accessibility barrier, including any action that the specified entity has taken, or intends to take, in preventing or removing the barrier. The Minister must present a copy of the report to the House of Representatives as soon as practicable after receiving it. The report must be published on an Internet site maintained by or on behalf of the Ministry in a way that is accessible. 17 Annual monitoring report The Committee must, on an annual basis, provide the Minister with a written monitoring report that contains an assessment of the progress made by specified entities in implementing its recommendations in the 12 months before the date of the report. The Committee must ensure that the report includes an assessment of the progress made in addressing accessibility barriers and growing accessibility practices for tāngata whaikaha Māori, and their families or whānau. The Minister must present a copy of the report to the House of Representatives as soon as practicable after receiving it. 17A Collaboration with specified agencies The Committee must collaborate with specified entities when the Committee is performing its functions. To assist the Committee in performing its functions, the Committee may request a specified entity to supply it with any information that is necessary or desirable to enable the Committee to perform those functions. A request under this section must be in writing and state the date by which, and the manner in which, the information is to be provided. A request for information under this section may only be refused if— a the information requested can be properly withheld under the Official Information Act 1982 or the Local Government Official Information and Meeting Act 1987, as the case may be; or b the supply of the information would limit the ability of the specified entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the specified entity, in relation to a particular matter. Nothing in this section limits or affects the ability of the Committee to make a request for information under the Official Information Act 1982 or the Local Government Official Information and Meeting Act 1987 for information to which this section applies. However, before making a request referred to in subsection (5) , the Committee must consult the chief executive to determine if the information can be obtained through a request made under this section. 17B Restrictions on requests for certain information The Committee may not request, and a specified entity must not supply, information under section 17A that is— a personal information within the meaning of section 7 of the Privacy Act 2020; or b information held by the Government Statistician that was collected under the Data and Statistics Act 2022; or c information that a revenue officer must keep confidential under section 18 of the Tax Administration Act 1994. 18 Power of Committee to obtain information The Committee may request a specified entity to supply it with any information that the Committee considers necessary or desirable for the purpose of enabling it to perform its functions under section 15(1)(c) and (d) . A request— a must be in writing; and b may state the date by which, and the manner in which, the information must be provided. If a date is specified, that date must be reasonable. A specified entity that receives a request under this section must comply with the request, subject to sections 19 and 20 . Before making a request under this section, the Committee must consult the chief executive. 19 Restriction on requests for certain information The Committee may not request, and a specified entity must not supply, information under section 18 that is— a personal information (as defined in section 7(1) of the Privacy Act 2020); or b information held by the Government Statistician that was collected under the Statistics Act 1975; or c information that a revenue officer must keep confidential under section 18 of the Tax Administration Act 1994. 20 Grounds for refusing to supply requested information A request for information under section 18 may be refused if— a the information requested can be properly withheld under the Official Information Act 1982; or b the supply of the information would limit the ability of the specified entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the specified entity, in relation to a particular matter; or c the document alleged to contain the information requested does not exist or, despite reasonable efforts to locate it, cannot be found; or d the information requested cannot be made available without substantial research. If a request is likely to be refused under subsection (1)(c) or (d) , the specified entity must, before refusing the request, consider whether consulting the Committee would assist the Committee to make the request in a form that would remove the reason for the refusal. 21 Restriction on publication or disclosure of information The Committee must not publish or disclose any information obtained under section 18 unless 1 or more of the following apply: a the information is available to the public under any enactment or is otherwise publicly available: b the information is in a statistical or summary form: c the publication or disclosure is with the consent of the specified entity from which the information was obtained: d the publication or disclosure is made under the Official Information Act 1982 or is otherwise required by law. 22 Role of Minister The role of the Minister in relation to the Committee includes (without limitation)— a approving the Committee’s work programme after making any necessary amendments: b presenting recommendations made by the Committee to the House of Representatives as soon as practicable after receiving a recommendation : c advising the Committee, within a reasonable time frame and after collaborating with other relevant Ministers, about how the Committee’s recommendations have been, or will be, considered by the Government: d arranging for independent reviews of the operation and effectiveness of this Act to be carried out as required. 23 Role of chief executive The role of the chief executive in relation to the Committee includes (without limitation)— a assisting the Committee to develop its recommendations: b supporting the Committee in making information requests under section 18 under this Act or any other Act : c establishing 1 or more technical advisory committees under section 24 : d providing the administrative and analytical support that is necessary to enable the Committee to perform and exercise its functions, duties, and powers: da providing advice and support to the chairperson of the Committee in relation to any reasonable accommodations to be provided to Committee members: e publishing the Government’s response to the Committee’s recommendations on an Internet site maintained by or on behalf of the Ministry. 24 Technical advisory committees The chief executive may, on the recommendation of the Committee, establish 1 or more technical advisory committees to advise the Committee on the performance of the Committee’s functions and duties under this Act. The chief executive may— a appoint members of a technical advisory committee on any terms and conditions that the chief executive thinks fit; and b specify terms of reference for the technical advisory committee’s work. A technical advisory committee must comply with any terms of reference specified by the chief executive. A technical advisory committee may, subject to any provision of this Act and any terms of reference, determine its own procedure. 24A Restriction on publication or disclosure of information obtained by Committee The Committee must not publish or disclose any information obtained by the Committee unless 1 or more of the following apply: a the information is available to the public under any enactment or is otherwise publicly available: b the information is in a statistical or summary form: c the publication or disclosure is with the consent of the specified entity from which the information was obtained: d the publication or disclosure is made under the Official Information Act 1982 or is otherwise required by law. 25 Review of Act The Minister must arrange for an independent review of the operation and effectiveness of this Act— a no later than 5 years after the commencement of this section; and b at 5-yearly intervals after completion of the first review. The person (or persons) conducting the review must prepare a report on the review and provide it to the Minister. The review must consider— a whether the functions, duties, and powers set out in this Act adequately give effect to the purpose of this Act; and b whether any amendments to this Act are necessary or desirable. The Minister must present a copy of the report on the review to the House of Representatives as soon as practicable after receiving it. 26 Principal Act Section 27 amends the Ombudsmen Act 1975. 27 Schedule 1 amended In Schedule 1, Part 2, insert in its appropriate alphabetical order: Accessibility Committee established under the Accessibility for New Zealanders Act 2022 1 Transitional, savings, and related provisions There are no transitional, savings, or related provisions in this Act as enacted. 2 Further provisions relating to Committee A person holds office as a Committee member for a term not exceeding 3 years specified in the person’s notice of appointment. A person who holds office as a Committee member— a may be reappointed for 1 or more further terms; and b continues in office, unless they earlier vacate office by reason of death, resignation, or removal, until either of the following occurs: i the person is reappointed: ii the person’s successor is appointed. A person who holds office as a Committee member may at any time resign by written notice to the Minister. A notice of resignation under subclause (3) must state the date on which the resignation takes effect. The Minister may remove a Committee member from office if— a the Minister is satisfied there is just cause to remove the member; and b reasonable accommodations have been provided to the member before the removal; and c the Minister has consulted the Committee and had regard to its views. The removal must be made by written notice to the member (with a copy to the Committee). The notice must— a state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and b state the reasons for the removal. The Minister must notify the removal in the Gazette as soon as practicable after the notice is given. In this clause, just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of any of the collective duties of Committee members (depending on the seriousness of the breach). The chairperson of the Committee must ensure that any reasonable accommodations that are required in the circumstances are provided to a Committee member to enable the member to carry out their office as a member. A Committee member is entitled— a to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and b in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out their office as a member. In subclause (1) , fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest. A Committee member is not personally liable for any act done or omitted by the member or the Committee in good faith in the course of the operations of the Committee. The Committee may determine its own procedure for the performance or exercise of its functions, duties, or powers.