Report 7: January to June 2023

To monitor the 2019-2023 Disability Action Plan's (DAP) progress, the Office for Disability Issues (ODI) has historically managed six-monthly reporting. This is the seventh progress report to be produced.

On 1 August 2023 the Office for Disability Issues was integrated into Whaikaha - Ministry of Disabled People as the Partnerships and Stewardship team.

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Executive Summary for the New Zealand Disability Action Plan 2019-2023: for the Seventh Progress Report, January to June 2023

The Disability Action Plan 2019–2023 external URL (DAP) aims to improve accessibility for and the wellbeing of disabled people through work programmes aligned with the eight outcomes of the New Zealand Disability Strategy 2016-2026 external URL (the Disability Strategy).

Monitoring of DAP progress, through six-monthly reporting, is undertaken by Whaikaha – Ministry of Disabled People in conjunction with the Disabled Persons Organisation (DPO) Coalition and the agencies who are involved in the work programmes.

This executive summary outlines the progress that has been made towards improving accessibility, wellbeing and overall outcomes for disabled people during the penultimate reporting period for the current Disability Action Plan, January to June 2023.

Twelve government agencies are responsible for the DAP work programmes. Twenty-eight work programmes are overseen by individual agencies and one programme is an across-government commitment to improving disability data and evidence.

Agency reports indicate the 29 work programmes are tracking reasonably well since the previous reporting period, with one more programme on track or ahead and three fewer programmes off track with low risks. The cross-agency Disability Data and Evidence work programme was not reported on again during this reporting period due to changes in personnel leading the programme.

Progress Rating of 29 Work Programmes for 7th Round of the Disability Action Plan

Current status	Number of projects	Percentage of all reports	Previous reporting period
On track or ahead	8	27.5%	7
On track, minimal risks	17	58.5%
Off track, minimal risks	2	7.0%	5
Off track, significant risks	0	0.0%	1
On hold	1	3.5%	0
Not reported on	1	3.5%	1
Completed	1		0
Total number of reports	28		29

The rating scale for the reports is decided on by the agencies themselves. Reports can either be ahead of progress or on track, or they can be on track but with some concerns or issues. Alternatively, reports can be off track but with few risks that is, it is thought that being off track is not a serious concern and the programme can quickly get back on track. Off track with significant risks means the work is crucial and is significantly behind schedule or facing significant barriers. Agencies have sometimes found it difficult to determine what is a minimal risk and what constitutes a significant risk, in the next round of DAP reporting some guidance will be issued to support agencies with this.

Outcome One – Education

“We get an excellent education and achieve our potential throughout our lives” (New Zealand Disability Strategy 2016 – 2026).

Both the Ministry of Education (MOE) and the Tertiary Education Commission (TEC) have work programmes under this outcome.

The MOE Disability Action Plan (DAP) work programme aims to achieve a curriculum, assessment framework, and learning support system that is inclusive, honours Te Tiriti o Waitangi, and delivers the right support at the right time, so that neurodivergent and disabled learners can get an excellent education that allows them to be present, participate, make progress, and experience positive wellbeing in education.

The Ministry of Education (MOE) has six major programmes of work (although when reporting the Early Learning Action Plan and the Learning Support Action Plan are usually combined to form one project):

NCEA Review – embedding inclusive design into all aspects of the -re-development of the NCEA.
Tomorrow’s Schools – further developing tomorrow’s schools is not specifically aimed at supporting disabled students, rather the changes impact upon all students.

Learning Support Action Plan 2019-2025, this plan is made up of several smaller workstreams some of which directly benefit disabled learners for example, improving the screening and early identification of learners with support needs, whilst other aspects have a less direct impact on disabled learners for example, increasing the level of learning support available in Māori medium education settings.
Curriculum, Progress and Achievement – this work programme is about ensuring that the refreshed New Zealand Curriculum is accessible to all learners including disabled learners.

Early Learning Action Plan - Objective 2 of the Early Learning Action Plan is that all children are able to participate in quality early learning and have the support they need to learn and thrive.

Reform of Vocational Education – the ministry must ensure that the reforms of vocational education meet the needs of disabled learners.

Tomorrow’s schools and the reform of vocational education work programmes are on track, the rest of the programmes are on track with minimal risks, with the exception of the Early Learning Action Plan, whose progress has been placed on hold whilst other key MOE priorities are managed.

Key highlights of the last six months include:

In line with the NCEA Review, training on Universal Design for Learning (UDL) and Inclusive Design has been delivered school staff.

Under Tomorrow’s Schools, provisions for a mandatory national Code of Conduct for state and state integrated school board members was included in section 166 external URL of the Education and Training Act 2020, and came into effect on 21 June 2023. The objective of this code is to make schools an inclusive and safe environment for all learners.

Under the Learning Support Action Plan (LSAP) Priority 1 (Learning Support Coordinators), $40 million was secured through Budget 23 to build learning support coordination in Kaupapa Māori and Māori Medium education.

Under the Curriculum Progress and Achievement work programme, a primary focus of the Literacy, Communication and Maths Strategy was the development of the Common Practice Model (CPM). An Inclusive Practices Common Model Group has been established to ensure that the CPM is inclusive of the diversity of all learners.

Under the reform of Vocational Education, the formation of the Disabled Tertiary Population Survey involves a partnership between the National Disabled Students Association (NDSA), the Tertiary Education Commission (TEC), New Zealand Qualifications Authority (NZQA) and MOE.

Some MOE work programmes are not progressing, as anticipated:

The implementation of new NCEA Level 2 and 3 standards will be deferred to 2026 and 2027 respectively. This is, in part recognition, of the impact of COVID-19 disruption over the previous 3 years, and to relieve schools of some implementation pressures.

Further work on Action 2.2 in the Early Learning Action Plan, to develop facilitation policy for wrap-around health and social services and to coordinate learning support, is on hold due to undisclosed factors impacting on the overall work programme in MOE.

The Tertiary Education Commission is the other agency that has a work programme under Outcome One. The goal of the TEC work programme is to enable Tertiary Education Organisations (TEO) and the tertiary education sector to greatly improve the access to, participation in, and achievement in, tertiary education for disabled persons. As an outcome of the TEC work, it is expected that there will be an increased number of disabled people accessing, participating, and achieving in tertiary education.

Progress on the (TEC) DAP work programme includes: the Kia Ōrite toolkit for developing an inclusive tertiary education environment for disabled learners is now available and the associated e-learning modules are live. Both the document and modules are aimed at all staff working in the tertiary education sector. Both the document and videos are hosted on the ACHIEVE (The National Post-Secondary Education Disability Network) website.

All work within the TEC work programme is either on track or on track with minimal risks.

Outcome Two – Employment and Economic Security

“We have security in our economic situation and can achieve our potential” (New Zealand Disability Strategy 2016 – 2026).

The Ministry of Social Development (MSD) leads four Employment and Economic Security work programmes:

Working Matters Disability Employment Action Plan – aims to ensure disabled people have an equal opportunity to access quality employment. Funding was secured through Budget 2023 for multiple initiatives that support the objectives of Working Matters Disability Action Plan. This included, funding for the Employment Service in School pilot and permanent reinstatement of the Training Incentive Allowance, which pays the fees of disabled tertiary education students.

Replacing Minimum Wage Exemption Permits – aims to ensure that the 900 New Zealanders being paid less than minimum wage due to their disability can be paid at least the minimum wage, this should occur by mid-2024 with the introduction of a wage supplement.

National Information Portal and Regional Hubs – this programme examines the feasibility of developing regional hubs across New Zealand to promote and support the employment of disabled people. However, instead of progressing regional hubs, employment opportunities for disabled people will be promoted through employment events targeted at the general public.

Accessible Employment (Lead Toolkit, Government Internships, We Enable Us, Disability Employment Resources) – These are the actions that MSD and the wider Public Service are undertaking to promote the employment of disabled people within the public sector. MSD, working alongside the All of Government (AOG) Lead Toolkit Champions Network, leads the refresh of the Lead Toolkit. The toolkit is a series of documents providing information for employers about employing disabled people, including the support or adjustments an employer might provide.

All work programmes under Action Two are either on track or on track with Minimal risks. Key progress on implementation includes:

Aspects of work programmes not progressing well include: the Internship programme. A review has shown various barriers are impeding disabled people from taking up public sector internships for example, the need to work in full-time in Wellington, with inflexible hours.

Work is underway to develop a twin track programme, using mainstream internships and supporting an additional programme where current barriers are removed (e.g., internships with flexible hours/work practices, increasing the length of internships).

Outcome Three - Health and Wellbeing

“We have the highest attainable standards of health and wellbeing” (New Zealand Disability Strategy 2016 – 2026).

Four of the work programmes under outcome three are overseen by the Ministry of Health (MOH) the remaining work programme is overseen by Sport New Zealand:

Safeguarding Bodily Integrity Rights – protecting disabled people from unwanted treatment for example, sterilisation and growth attenuation treatment.

Health Outcomes and Access to Health Services – the Ministry of Health acknowledges that significant transformative work is required to improve health outcomes and reduce inequities facing disabled people accessing healthcare in New Zealand. The Provisional Health of Disabled People Strategy, to be published in July 2023, sets the direction and the long-term priorities for achieving equity in disabled people’s health and wellbeing outcomes over the next 10 years.

Repeal and Replace the Mental Health (Compulsory Assessment and Treatment) Act 1992 - develop new legislation that reflects a human rights–based approach, promotes supported decision-making, aligns with the recovery and wellbeing model of mental health, and provides measures to minimise compulsory or coercive treatment. In January 2023, Te Pou launched new training and resources, developed with Manatū Hauora, to support the implementation of the revised Guidelines to the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Seclusion and Restraint – removing the use of all seclusion and restraint, including chemical restraint from our health system. New Guidelines for Reducing and Eliminating Seclusion and Restraint Under the Mental Health (Compulsory Assessment and Treatment) Act 1992 were published in April 2023.

Sport New Zealand Disability Plan - improve the quality and equity of play, active recreation and sport participation opportunities for disabled children and youth.

Three of the four Health programmes are on track with minimal risk according to the Ministry of Health. The bodily integrity work programme is off track with minimal risks.

There is disagreement between the DPO Coalition and the Ministry of Health with regards to whether these programmes are on track. The DPO coalition would argue that the Bodily Integrity Programme is off track with significant risks.

The MOH programmes not progressing well are:

The development of the Provisional Health of Disabled People Strategy, which has in turn delayed the initial advice to the Minister of Health on bodily integrity.

The reduction and elimination of seclusion practices caused by difficulty recruiting and retaining of appropriately qualified staff, including kaimahi Māori.

The Sport New Zealand action plan is on track with minimal risk. Sport New Zealand has been investing, through both partnerships and direct investment, in the Halberg Foundation, Paralympics NZ, Special Olympics NZ, and regional and national disability sport organisations. The investment is to improve confidence in, knowledge about and understanding of the inclusion of disabled tamariki and rangatahi in play, active recreation and sport.

Outcome Four – Rights Protection and Justice

Our rights are protected; we feel safe, understood and are treated fairly and equitably by the justice system” (New Zealand Disability Strategy 2016 – 2026).

There are three work programmes under this Outcome:

Implementation of Safeguarding Responses for Disabled and Vulnerable Adults Te Aorerekura Action 28 – The safeguarding approach must protects and promote disabled people’s rights, culture, identity, and wellbeing. It must prevent and respond to violence, abuse, and neglect; and be aligned with Enabling Good Lives (EGL) principles. A successful Budget bid in 2023, by Whaikaha (the fundholder) and Te Puna Aonui (a group of ten government agencies who work together with Māori, communities, and the wider family and sexual violence sector, established a specialist community-led Disability Abuse Prevention and Response team (DAPAR). The role of DAPAR is to respond to disabled adults at risk of violence and abuse. The DAPAR team will continue to work in the Waitematā area, and begin to provide national coverage.

Department of Corrections Disability Action Plan Implementation. The agency’s first Disability Action Plan (2023-2027) has been published.

Ministry of Justice (MOJ) Work Programme – includes a number of smaller programmes aimed at making the Justice system more user friendly to disabled people. The Sexual Violence Legislation Act 2021 has amended evidence law and court procedures to reduce the re-traumatisation of complainants of sexual violence during the trial process.

Work that is not progressing as planned includes the Ministry of Justice intention to develop guidance for parents to support children through parental separation, this work is now planned for later in the year.

Outcome Five - Accessibility

“We access all places, information and services with ease and dignity” (New Zealand Disability Strategy 2016 – 2026).

Work under this outcome is undertaken by MSD, Housing and Urban Development (HUD), Ministry of Transport (MOT), NZ Transport Agency (NZTA), Kāinga Ora, and the Office for Seniors (OFS). The work programmes that are on track include:

MSD Accelerating Accessibility – the development of Accessibility legislation for New Zealand. The Social Services and Community select Committee in its presentation of the Accessibility for New Zealanders Bill to the House of Representatives on 22 June 2023, recommended its passage but with several amendments.

MSD Accessible Public Information – All of Government (AOG) Alternate (Alt) Formats – tracks the development of Alternate Format provision across government. Additional funds are being invested in the MSD Alternate Format Service to increase the number of Easy Read translators, including investing in the development of an Easy Read training and accreditation programme.

OFS Better Later Life – He Oranga Kaumātua Strategy and Action Plan – this programme details the actions in the Seniors Action Plan that relate to disabled people. Under Action 35, membership of the Age Friendly Network for local councils across the country increased to 29 communities.

The NZTA component of the Joint Transport Disability Action Plan 2019-2023, focusses on the issues faced by disabled people when accessing transport through internal and operational policy lens. NZTA has initiated a new research project to provide insights from other countries’ experiences of para-transit. This research will inform the review of the Total Mobility scheme, and New Zealand’s overall approach to ensuring mobility for disabled people.

Kāinga Ora Accessibility Work Programme – increase the number of social houses that meet universal design standards, develop modifications for existing properties and increase the data about disabled clients and their needs. As of 30 June 2023, Kāinga Ora had delivered 19% (new built) homes that met universal design standards.

The programmes that are off track include:

The MOT component of the Joint Transport Disability Action Plan 2019-2023. The review of Total Mobility and the development of the Accessible Streets regulatory package. Whilst final advice has been provided to the Minister of Transport on the Accessible Streets regulatory package, the dates for Cabinet consideration have not yet been confirmed.

HUD Improve Accessibility across the New Zealand Housing System. HUD’s work programme, was off track for the fourth consecutive reporting period.

Outcome Six – Attitudes

“We are treated with dignity and respect” (New Zealand Disabiity Strategy 2016 - 2026).

Outcome six does not have a specific work programme. Instead, the other work programmes all contribute positively towards improving the attitude of New Zealanders towards disabled people.

Outcome Seven – Choice and Control

“We have choice and control over our lives” (New Zealand Disability Strategy 2016 – 2026).

This Outcome has two work programmes, both managed by Whaikaha. Both programmes are reported as being on track with minimal risk.

Disability Support System Transformation – to transform the disability support system in line with the Enabling Good Lives Principles. Whaikaha continues to work with the National Enabling Good Lives Governance Group and other community representatives to develop the implementation plan and tools for national scaling of an EGL approach to the delivery of disability support services.

Supported Decision Making – Develop guidance for disabled people, their family/whānau and service providers about using supported decision-making practices. The process to procure a supplier to develop the online Supported Decision Making: Guidance Resources has been completed.

Work that has been delayed is the relationship with Te Āo Māramā, who will help build the Māori Kaupapa for this work has not been established, work will begin in the next six months.

Outcome Eight – Leadership

“We have great opportunities to demonstrate our leadership” (New Zealand Disability Strategy 2016 - 2026).

Whaikaha manages the one work programme for this Outcome, the Nominations Database, the aim of which is to increase the number of disabled people serving on public sector boards. The work is on track with minimal risks. Work that is progressing well includes the development of professional development for prospective governance professionals.

Work that is not progressing well, includes the May 2023, briefing paper presented to the Minister for Disability Issues inviting her request a cabinet paper be written to seek approval for the inclusion of disability in the Annual Board Stocktake, which monitors gender and ethnic diversity on New Zealand’s public sector boards. The minister declined to take this paper to Cabinet prior to the General Election in October 2023, effectively placing this work on hold.

Conclusion

The majority of work programmes under the Disability Action Plan (2019 – 2023) are progressing well. A small number of programmes are off track, due to shortage of resources to progress the work, staff shortages or delays caused by the pending general election. Some work programmes have been off track consistently over several reporting periods and the agencies appear to have lost their way.

The New Zealand Disability Strategy 2016-2026 and earlier DAP reports and executive summaries, including alternate formats, can be found here: Disability Action Plan biannual reports external URL . If you would like to contact the Partnerships and Stewardship team in Whaikaha, we can be contacted on partnershipsandstewardship@whaikaha.govt.nz.