Policy vs Progress. Tracking current legislation against the actions in the NZ Disability Strategy

Spoilers: the strategy's actions don't line up with current proposed legislation

An interesting side-effect of keeping an eye out for legislation that may impact on families, is that it gives me a handle on what’s happening across the whole-of-government, not just individual ministries. It also means that I have a handle on legislation recently passed or under consideration, and how these undermine and erode the vision and goals of the draft New Zealand Disability Strategy refresh.

vision of the NZ Disability Strategy

The strategy is currently out for ‘consultation’. I use quote marks as several action items have already been announced by the relevant Ministers, so our feedback is pointless (e.g., funding for Learning Support, which has been taken from RT-Lit, RT-Māori, and Kāhui Ako; Disability Action Plans in tertiary settings; Law Commission reviews). That gripe aside, it is incredibly disheartening to be giving feedback on goals and action points when legislation is being passed that actively prevents outcome areas from achieving their proposed action points.

The Plain Language Act Repeal Bill stripped away work that was progressing in terms of information access¹. Amendments across education, the removal of NCEA, and current early childhood legislation all fail to address inclusion and access needs for disabled learners. Changes to Pae Ora weaken health accountability, while courts and building bills expand systems without embedding accessibility. Bills around Local Government actively diminish democratic participation and responsiveness of local councils to disabled people and their families.

Is the Health Ministry lying to us?

The most egregious of these disconnects are in Health. Action Points 1, 2, and 3 in the Disability Strategy are almost diametrically opposed to what is being proposed in the Healthy Futures (Pae Ora) Amendment Bill, the Health Workforce Regulation Consultation, and the recent policy changes around caregivers in hospital. The remaining Action Points (4 and 5) require significant investment into digital infrastructure - yet last year, the $330 million allocated for digital initiatives was rescinded, and reductions made to the Health Information and National Systems Strategy (HINSS), which had been established to modernise New Zealand's digital health infrastructure.

It is hard to take the Disability Strategy seriously when so much is being done to actively prevent culturally competent care, undermine health professionals, and slash much needed digital infrastructure investment.

A strategy needs more than empty words

Health aside, the NZ Disability Strategy has 5 outcomes areas: education, employment, health, housing, and justice. Each outcome area has their own goal, outcomes, and action points. The Strategy also has 3 cross-cutting themes: accessibility, data, and workforce. There are some very sensible ideas and suggestions within each.

However, several bills have recently passed and/or are before Select Committees that either omit obligations to remove barriers, fail to uphold disabled people’s rights, or actively strip away components that support access, equity, and participation (see below for my handy table!). It makes it hard to trust a Minister for Disabled People (and their associated Ministry) when they are part of a government that actively and systematically undermines access and inclusion for disabled people and their families.

The below legislative moves undermine progress towards creating a society where disabled people have equal rights, choice and control, and opportunities to thrive. Instead of embedding accessibility and equity, this government is creating patchy, optional, and inconsistent practice. Unless future legislation actively considers disability and upholds the vision, outcomes, and actions of the NZ Disability Strategy, the strategy is a waste of all of our time and energy.

I’ve created a quick handy table for ease of reference to the bills and legislation I’m aware of and/or submitted on. I’m not sure how accessible the table or Datawrapper is (I am trying something new!). This linked webpage might prove more accessible if the table below isn’t?

I am realistic in my expectations; I know progress takes time and energy and constantly pushing others to think about access and inclusion and participation. It’s a long term approach and we take the wins where we can. But, still, asking me, and the communities I belong to, to provide feedback on issues like workforce mentoring when giant chunks of progress like the Plain Language Act are being repealed is farcical. Being asked to provide feedback on health actions that the minister has approved, when the very same minister is pushing through legislation that actively undermines said actions, makes a mockery of the process. Having multiple education action points that (a) have already been announced by the Minister, and (b) are not particularly relevant to disabled learners² , shows utter contempt for our time and expertise.

This strategy is it for the next 5 years. The gap between the strategy and current legislation is more than frustrating; it is a barrier to inclusion, equity, and opportunity for disabled people and their families. Ministers and policymakers must move beyond token feedback rounds and start aligned their law-making with the strategy’s vision, goals, and outcomes.

In the meantime, I’ll keep advocating for alignment between law and strategy, and keep pushing for a future where inclusion, participation, and thriving are not merely empty promises on paper, but a lived reality for all. After I’ve finished having a grump about it first!

1. A strategy in plain language is sorely needed! The language was confusing and inconsistent in ‘tone’ and wording, making it hard to figure out what was meant. The Easy Read version of the strategy is the most consistent in tone - but with 6 different Easy Read documents required, at a collective 212 pages (28, 16, 32, 56, and 80 pages, respectively) - that is a LOT of material to read through!! 212 pages for easy read!!

2. Action points 1-4 refer to Learning Support, with 1, 2, and 4 already announced by the Minister. While important and valuable, Learning Support Coordinators are not necessarily focussed on disabled children (who come under the SENCO). Learning Support is wider than disability and includes those children who need a little extra support. This means these action points are not necessarily relevant to disability i.e. could be noted as achieved without making any difference to disabled learners.