Accessibility bill ‘unlikely to lead to change’, disability advocates say

Thursday, 20 October 2022

People with disabilities navigate a world often not built to suit their needs and many continue to be excluded from accessing or fully participating in everyday parts of life.

A policy that aims to remove barriers for disabled people is continuing to receive criticism from the community.

The strengths and shortcomings of the Accessibility for New Zealanders Bill were debated at a panel discussion on Monday.

The Government says it will set up a new legislative framework, but critics believe it is unlikely to lead to change and is potentially harmful.

Workbridge is an organisation that helps disabled people find employment and chief executive Jonathan Mosen said the bill has suffered from a lack of consultation.

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The Government’s Accessibility for New Zealanders Bill is potentially harmful, Workbridge chief executive Jonathan Mosen says.

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'The current bill is potentially harmful because it could funnel a lot of discussion about accessibility into committees that have no resolution mechanism and no standards-setting authority,” he said.

'This legislation will never, and does not ever, require the Government to remove a single barrier. The Government should withdraw it and genuinely consult fully with the disability community.'

AUT senior lecturer Dr Lida Ayoubi agrees the bill is unlikely to lead to change without enforcement standards.

Mosen, who is blind and has hearing loss, said the Government should look to implement disability rights legislation rather than just looking at accessibility.

'Accessibility is just one disability right that New Zealand must strengthen,” he said.

'Comprehensive disability rights legislation would articulate the rights, define the standards to make those rights real, and be clear about the mechanism for enforcing those standards.'

The bill passed its first reading in Parliament in August and is now in the select committee stage, open for submissions from the public until November 7.

In its current state, the bill would set up an accessibility committee comprised of members of the disability community to provide advice and make recommendations to the disability issues minister on how to remove barriers to access.

Disability Issues Minister Poto Williams wants the public to make submissions on how the bill could be shaped for the best impact.

Dr Lida Ayoubi is a senior lecturer at AUT University with a focus on disability rights.

She said the bill lacks enforcement mechanisms rendering it unlikely to lead to any meaningful change.

'The ministerial advisory committee is just that – an advisory committee. It does not have any real standard-setting, enforcement, or oversight powers,” she said.

'Without the power to make binding recommendations, there is no guarantee that their recommendations, no matter how important and valuable, would be accepted and implemented.'

Ayoubi said the burden is on disabled people to remove barriers to accessibility instead of the state, and legislation should seek to change this.

“NZ should establish a co-design and co-production process with the disability community to address concerns around the bill’s lack of enforcement mechanisms, coverage of both public and private bodies, inclusion of accessibility standards, and introduction of effective decision-making and oversight bodies.'

Stuff reached out to Minister for Disability Issues Poto Williams for a response and was informed by her press secretary that she won’t comment on the bill while it is in front of the select committee.

'It is worth noting there was a recognition from the beginning that there was much input to be heard on the bill, which is why the Minster requested the select committee be extended to nine months to allow for everyone to make submissions on how it could be shaped for the best impact.'

The online panel discussion, The Accessibility for New Zealanders Bill: Transformational or Missed Opportunity?, was co-hosted by AUT University and the advocacy group Access Matters.