Accessibility bill passes first reading in House but disability advocates keen to toss it and start again

Tuesday, 2 August 2022

Minister for Disability Issues Poto Williams says the introduction of the Accessibility for New Zealanders Bill to the House marks an “important and historic day”.

Disability advocates say the Accessibility for New Zealanders Bill doesn’t go far enough to make a positive and tangible difference to those with access needs.

The bill, presented by Minister for Disability Issues Poto Williams, passed its first reading in the House on Tuesday, with 108 votes in favour and 12 against.

Should the bill be passed into law, an accessibility committee would be established. It would be made up of eight people, with the majority coming from the disability community and representing a range of access needs.

The committee’s role would be to identify accessibility barriers for disabled people and outline options to address them, including the benefits, tradeoffs and whether there were any financial implications.

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The committee would have no legal powers. Instead it would provide advice and recommendations to Williams alongside the chief executive of Whaikaha – Ministry of Disabled People, who would assist with the development of the recommendations.

From there, Williams would present the recommendations to the House of Representatives.

Williams said the introduction of the bill to the House marked an “important and historic day” for the disability community in New Zealand.

She said the bill would strengthen accountability across government and build knowledge and awareness of the importance of addressing accessibility barriers and growing accessibility practices.

While presenting the bill, Williams said: “The Accessibility for New Zealanders Bill creates an enabling framework focused on progressively identifying, preventing and removing accessibility barriers that disabled people, tāngata whaikaha and others with accessibility needs face, so they have an equal opportunity to achieve their goals and aspirations.”

Williams said that while the bill did not have a regulatory focus, as some disability advocates had called for, it would help shape new or amend existing regulations to improve the lives of disabled people.

Jonathan Mosen, who has a background in accessibility consulting and technology that blind people use, says there is nothing good about the bill.

Access Matters Aotearoa lead campaigner and disabled person Juliana Carvalho said that while it was a milestone to have a form of disability legislation, she didn’t think establishing a committee without enforceable accessibility standards was enough.

“There is a huge feeling of disappointment among our campaigners,” she said.

Jonathan Mosen, who has a background in accessibility consulting and technology that blind people use, said there was nothing good about the bill.

“This legislation essentially does nothing at all,” he said.

“I’m actually quite fearful that the committee will slow things down, because it will be another layer of bureaucracy that disabled people have to go through to essentially prove the already proven accessibility challenges.”

Mosen said New Zealand should follow a civil rights-based model of legislation, such as the United States’ Americans with Disabilities Act (ADA) or Australia’s federal Disabilities Discrimination Act. He said the US was a “more equitable country” because of the ADA, he said.

Juliana Carvalho says it is a milestone to have a form of disability legislation, but establishing a committee without enforceable accessibility standards isn’t enough.

Mosen said it would be more impactful if Whaikaha led a kōrero with disabled people on a Disabilities Act that would look at a quality rights-based legislation that recognises the United Nations Convention on the Rights of Persons with Disabilities.

“Let’s just toss this thing out and start again and make sure we have quality legislative rights-based legislation,” he said.

Having enforceable accessibility legislation would give him, for example, the freedom to enjoy any television show at whatever time he’d like to, as a blind person. Currently, if he misses watching a show during a live broadcast, he’s missed his opportunity to watch it with audio descriptions.

“That should not be permissible. We need legislation with teeth that enforces accessibility features on TV programmes,” he said.

“We need some really clear standards on what constitutes reasonable accommodation.”

Carvalho said a revised bill should instead be looking into five proactive steps for an accessibility legislation framework: Legislation; standards; a regulator; a barrier identification process; and finally, a dispute resolution process like a tribunal.

She said having it in the House and going through the select committee process would bring those issues into the spotlight and increase awareness about access issues.

Looking ahead, she was hopeful the bill could be strengthened through the select committee process.

The Access Matters Campaign was setting out a form and submission tool kit for people to provide feedback on the bill as well as working to make the process as accessible as possible.

She said disabled people also needed advocates and allies to support improving the bill.

“Most of the population don’t have access needs but will probably have them at some point in life,” she said.

“We are here for the long haul. Politicians come and go, but people with disabilities will always be here, fighting for their rights.”

Before the bill was read in the House, Williams said she was proud of the legislation.

“It's a piece of work that we have worked on with the disability community. We will, over time, no doubt have some regulatory engagement.”

She said the legislation was a framework that would allow the Government to make strides to address the accessibility needs for disabled people.

At the select committee phase, Williams said it was important the process was accessible, inclusive and responsive to the needs of the disability community.

“I will be sending suggestions to the committee on ways in which the process can be made mana-enhancing that ensures that disabled people, tāngata whaikaha and their communities can share their views and feed into the development of the bill and ways that work for them.”

Whaikaha – Ministry of Disabled People would be responsible for administering the bill if it is enacted.