Draft Accessible Aotearoa New Zealand Bill

DRAFT FOR CONSULTATION

Accessible Aotearoa New Zealand Bill 2026

Explanatory note

The Accessible Aotearoa New Zealand Bill is needed to ensure that central and local government, schools, healthcare providers, buildings, public parks and spaces, and core services are accessible.

One in four New Zealanders has an impairment that creates an access need, including more than two-thirds of people aged 65 and older. The numbers and diversity of persons with disabilities and access needs are set to rise in an ageing and increasingly diverse population. Despite New Zealand’s commitment to the United Nations Convention on the Rights of the Rights of Persons with Disabilities, disabled people continue to be excluded from accessing or fully participating in parts of life that other New Zealanders take for granted. To address this, the New Zealand Human Rights Commission has recommended that the Convention be embedded in domestic legislation to create a more inclusive and equitable New Zealand society.

Accessibility means people can live independently and participate fully in all parts of life with dignity, agency and choice.  It means all people can access the physical and built environment, education, employment, healthcare, transportation, and facilities and services open or provided to the public. This reflects the Enabling Good Lives principles, which are incorporated into the legislation. These principles emphasise self-determination so persons with disabilities and access needs have control over their lives; ordinary life outcomes so they can enjoy the same opportunities as others; mainstream first so mainstream accessible options are prioritised before specialist disability services; mana-enhancing practices that uphold dignity and respect; easy-to-use systems that remove unnecessary complexity; and relationship building to strengthen connections and belonging.

Currently, there is no obligation on organisations to become accessible or provide accessible goods and services. Existing laws on discrimination do not sufficiently support or mandate public and private sector organisations to design and deliver accessible digital and physical environments. There is also no ‘one stop shop’ for accessibility standards that organisations can implement. While some accessibility guidance exists, this guidance is not a mandatory requirement. Without mandatory accessibility standards, accessibility will continue to be inconsistently implemented across Aotearoa New Zealand.

 

This Bill seeks to address this issue by establishing an independent Crown entity, Accessible Aotearoa New Zealand, that would set enforceable accessibility standards, draft best practice guidance and also investigate, consider and determine complaints on barriers.

Part 1 of this Bill sets out preliminary provisions including defining key terms such as “barrier”, “persons with disabilities or access needs”, “reasonable accommodation”, “regulated entity”, and “accessibility standard” and the purpose of the Act, which includes promoting a barrier-free society and where every person is able to fully participate in Aotearoa New Zealand society. The Bill also seeks to give effect to the aims of the United Nations Convention on the Rights of Persons with Disabilities. The Bill also acknowledges Aotearoa New Zealand's unique context, incorporating terminology within Māori and Pasifika communities.

Part 2 establishes Accessible Aotearoa New Zealand as an independent Crown entity under the Crown Entities Act 2004. It outlines its functions, including consulting and publishing guidance on accessibility standards, investigating complaints, promoting barrier removal, advancing disability rights, and promoting participation by persons with disabilities or access needs. It also establishes the board of Accessible Aotearoa New Zealand, which must consist of 5 to 9 members, be majority-led by persons with disabilities or access needs and reflect the diversity of New Zealand society. The board's responsibilities include appointing standards development committees, approving accessibility standards, overseeing Accessible Aotearoa New Zealand's performance, and setting strategic priorities.

Part 3 sets out processes in relation to accessibility standards. It provides that the purpose of accessibility standards is to promote barrier removal and ensure reasonable accommodation for the needs of persons with disabilities and access needs. It mandates the creation of standards development committees, which must include a majority of persons with disabilities and access needs. The process for drafting, reviewing, and amending standards includes public consultation and engagement with disability and Māori organisations, and standards must be reviewed following implementation. This Part also sets out regulation-making powers under the Bill.

Part 4 provides for the right to lodge complaints about barriers or contraventions of accessibility standards. It outlines procedures for making complaints, carrying out investigations, the issuance and enforcement of improvement notices, and the acceptance of enforceable undertakings. It also includes provisions for reviews and appeals to the Human Rights Review Tribunal, and powers of entry and inspection for investigation and compliance purposes.

Part 5 requires regulated entities to prepare and publish accessibility plans and annual progress reports, in consultation with disability and Māori organisations. Entities must also establish a feedback process to receive and respond to concerns about barriers and implementation of accessibility plans.

Schedule 1 sets out the text of the United Nations Convention on the Rights of Persons with Disabilities for reference purposes.

 

Accessible Aotearoa New Zealand Bill

Contents
Part 1
Preliminary provisions

  1. Title
  2. Commencement
  3. Interpretations
  4. Purpose
  5. United Nations Convention on the Rights of Persons with Disabilities
  6. Act to give effect to Te Tiriti o Waitangi
  7. Act binds the Crown
  8. Enforcement of Act against the Crown

Part 2

Accessible Aotearoa New Zealand

  1. Accessible Aotearoa New Zealand
  2. Independence of Accessible Aotearoa New Zealand

Accessible Aotearoa New Zealand’s functions, duties, and powers

  1. Functions relating to accessibility standards
  2. Function relating to promoting the removal of barriers
  3. Function relating to promoting and advancing disability and accessibility rights
  4. Function relating to encouraging participation and voices by persons with disabilities
  5. Additional functions, duties, or powers
  6. Confidentiality of information

 

Accessible Aotearoa New Zealand’s board

 

  1. Accessible Aotearoa New Zealand’s board
  2. Recommendation and endorsement of board members
  3. Nominations panel
  4. Duties of board

Part 3

Accessibility Standards and Regulations

  1. Purpose of accessibility standards
  2. Standards development committees
  3. Consultation on accessibility standards
  4. Review of accessibility standards
  5. Regulations

Part 4

Complaints, Investigations and Enforcement

Subpart 1 - Complaints

  1. Right to lodge a complaint
  2. Form of complaint
  3. Procedure on receiving a complaint

Subpart 2 - Investigations

  1. Application of this subpart
  2. Investigation procedure
  3. Complaint substantiated
  4. Complaint dismissed

Subpart 3 – Improvement Notices

  1. Power to issue improvement notices
  2. Content of improvement notices
  3. Compliance with improvement notices
  4. Extension of time for compliance with improvement notices

Subpart 4 – Enforceable undertakings

  1. Accessible Aotearoa New Zealand may accept enforceable undertakings
  2. Notice of decision and reasons for decision
  3. When enforceable undertaking is enforceable
  4. Compliance with enforceable undertaking
  5. Contravention of enforceable undertaking
  6. Withdrawal or variation of enforceable undertaking
  7. Proceedings for alleged contravention

Subpart 5 – Reviews and appeals

  1. Interpretation
  2. Eligible persons may commence proceedings in Tribunal
  3. Determination of appeal

Subpart 6 – Inspection

  1. Powers of entry and inspection
  2. Duty to assist
  3. Offence to hinder or obstruct

Part 5

Accessibility Plans

  1. Accessibility Plan
  2. Establishment of feedback process
  3. Progress Reports

Schedule 1

United Nations Convention on the Rights of Persons with Disabilities

 

 

 

 

Part 1

Preliminary provisions

 

  • Title

This Act is the Accessible Aotearoa New Zealand Act 2026.

  • Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

  • Interpretation

In this Act, unless the context otherwise requires,—

accessibility standard means any standard made under this Act.

barrier means anything that hinders the full and equal participation in society of persons with disabilities or access needs, including anything physical, architectural, technological, attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice.

board means the board of Accessible Aotearoa New Zealand.

complainant means any person making a complaint under section26.

complaint has the meaning given in section 26.

Crown organisation means a Crown entity, government department, interdepartmental venture, departmental agency, or government-related organisation.

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.

notice means a formal communication provided in writing, or, upon request, in an accessible format.

persons with disabilities or access needs means persons with any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation, whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. This includes:

  • (a) tāngata whaikaha Māori (disabled Māori) and whānau haua (family including carers); and
  • (b) tagata sa'ilimalo (Pacific disabled people), nofo-a-kainga (family including carers) and tautua soifua (supporters).

principles means the Enabling Good Lives principles, being:

  • (a) self-determination – disabled people are in control of their lives:
  • (b) beginning early – invest early in families and whānau to support them; to be aspirational for their disabled child; to build community and natural supports; and to support disabled children to become independent, rather than waiting for a crisis before support is available:
  • (c) person-centred – disabled people have supports that are tailored to their individual needs and goals, and that take a whole life approach rather than being split across programmes:
  • (d) ordinary life outcomes – disabled people are supported to live an everyday life in everyday places; and are regarded as citizens with opportunities for learning, employment, having a home and family, and social participation, like others at similar stages of life:
  • (e) mainstream first – disabled people are supported to access mainstream services before specialist disability services:
  • (f) mana enhancing – disabled people are supported to access mainstream services before specialist disability services:
  • (g) easy to use – disabled people have supports that are simple to use and flexible:
  • (h) relationship building – supports build and strengthen relationships between disabled people, their whānau and community. 

reasonable accommodation means any necessary, reasonable and proportionate modification or adjustment to remove a barrier that does not impose an unjustifiable hardship on a regulated entity.

regulated entity means any of the following:

  • (a) a public service agency under the Public Service Act 2020:
  • (b) a Crown entity under the Crown Entities Act 2004:
  • (c) a local authority under the Local Government Act 2002:
  • (d) a court or tribunal established by or under an enactment:
  • (e) a grocery retailer under the Grocery Industry Competition Act 2023:
  • (f) a financial institution under the Financial Markets Conduct Act 2013:
  • (g) a retailer under the Electricity Industry Act 2010:
  • (h) a provider of services under the Pae Ora (Healthy Futures) Act 2022:
  • (i) a broadcaster under the Broadcasting Act 1989:
  • (j) an access provider under the Telecommunications Act 2001:
  • (k) an operator of a public transport service under the Land Transport Management Act 2003:
  • (l) an entity prescribed by regulations made under section 25.

Tribunal means the Human Rights Review Tribunal.

unjustifiable hardship means a hardship imposed on the regulated entity by a proposed modification or adjustment to remove barriers that is unjustifiable in all relevant circumstances, including:

  • (a) the effect of the barrier on persons with disabilities or access needs:
  • (b) the nature of the benefit or detriment likely to accrue to, or to be suffered by, persons with disabilities or access needs:
  • (c) the financial circumstances, and the estimated amount of expenditure required to be made, by the regulated entity:
  • (d) any other circumstances that would render the relevant modification or adjustment difficult to implement, having regard to the nature of the adjustment, the resources available to the regulated entity, and the impact on the entity’s operations:
  • (e) any applicable accessibility plans.

working day has the meaning given to it under section 13 of the Legislation Act 2019.

  • Purpose
  • The purpose of this Act is to protect every person's right to fully participate in Aotearoa New Zealand society by:
    • (a) promoting a barrier free Aotearoa New Zealand through the identification and removal of barriers; and
    • (b) promoting the provision of advice, information, education, and training in relation to accessibility; and
    • (c) supporting the implementation of the United Nations Convention on the Rights of Persons with Disabilities; and
    • (d) securing compliance with this Act through effective and appropriate compliance and enforcement measures.
  • United Nations Convention on the Rights of Persons with Disabilities
  • The United Nations Convention on the Rights of Persons with Disabilities is set out in Schedule 1 for information and reference purposes only.
  • To avoid doubt, the inclusion of the text of the United Nations Convention on the Rights of Persons with Disabilities in this Act does not affect the legal status of the Convention.
  • Act to give effect to Te Tiriti o Waitangi

This Act shall so be interpreted and administered as to give effect to the principles of the Te Tiriti o Waitangi.

  • Act binds the Crown

This Act binds the Crown.

  • Enforcement of Act against the Crown
  • This Act may be enforced against the Crown only in the manner provided in this section.
  • An instrument of the Crown may be prosecuted for an offence against this Act, but only if—
  • (a) it is a Crown organisation; and
  • (b) the proceedings are commenced—
  • against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
  • in accordance with the Crown Organisations (Criminal Liability) Act 2002.

Part 2

Accessible Aotearoa New Zealand

  • Accessible Aotearoa New Zealand
  • This section establishes Accessible Aotearoa New Zealand.
  • Accessible Aotearoa New Zealand is a Crown entity for the purposes of the Crown Entities Act 2004.
  • The Crown Entities Act 2004 applies to Accessible Aotearoa New Zealand except to the extent that this Act expressly provides otherwise.
  • Independence of Accessible Aotearoa New Zealand

Except as expressly provided otherwise in this or another Act, Accessible Aotearoa New Zealand must act independently in performing its functions and duties and exercising powers under—

  • (a) this Act; and
  • (b) any other legislation that provides for the functions of Accessible Aotearoa New Zealand (other than the Crown Entities Act 2004).

Accessible Aotearoa New Zealand’s functions, duties, and powers

  • Functions relating to accessibility standards

Accessible Aotearoa New Zealand has the following functions relating to accessibility standards under this Act:

  • (a) to consult on accessibility standards:
  • (b) to publish accessible guidance, advice, and information on compliance with accessibility standards:
  • (c) to receive, investigate and determine complaints:
  • (d) to investigate at its own initiative any matter which a complaint may be made:
  • (e) to publicise its procedures in relation to complaints:
  • (f) to enforce accessibility standards including by issuing improvement notices:
  • (g) to review accessibility standards every four years, and establish review periods for accessibility plans.
  • Function relating to promoting the removal of barriers

A function of Accessible Aotearoa New Zealand is to promote the removal of barriers for all people in New Zealand by—

  • (a) developing and publishing best practice accessibility guidelines:
  • (b) developing and publishing reports and submissions on issues through an accessibility-centred lens:
  • (c) promoting, by education and publicity, an understanding of barriers and acceptance of the need to remove those barriers:
  • (d) making public statements in relation to barriers:
  • (e) undertaking and promoting research into any matter that relates to barriers, including into the identification and removal of barriers and the prevention of new barriers:
  • (f) promoting and co-ordinating the implementation of accessibility initiatives by establishing partnerships or collaborating with other agencies or interested persons in a coherent, efficient, and effective way:
  • (g) providing advice (with or without a request) to a Minister, a Parliamentary Under-Secretary, or an agency on any matter relevant to barriers:
  • (h) inquiring generally into, and reporting on, any systemic matter, including (without limitation) any legislation or policy, or any practice or procedure, that relates to or affects barriers.
  • Function relating to promoting and advancing disability and accessibility rights

A function of Accessible Aotearoa New Zealand is to promote and advance disability and accessibility rights by—

  • (a) raising awareness and understanding of disability and accessibility rights, including the rights set out in the United Nations Convention on the Rights of Persons with Disabilities, and advocating for the advancement of the application of the convention by the public:
  • (b) monitoring the application of the United Nations Convention on the Rights of Persons with Disabilities by departments and other instruments of the Crown and making reports to the United Nations:
  • (c) raising awareness and understanding of disability and accessibility rights and the United Nations Convention on the Rights of Persons with Disabilities and advocating for the advancement of the application of the Convention, including (without limitation) by departments and other instruments of the Crown.
  • Function relating to encouraging participation and voices by persons with disabilities

A function of Accessible Aotearoa New Zealand is to encourage the participation and voices of persons with disabilities by—

  • (a) promoting, in relation to decisions that affect the lives of persons with disabilities or access needs,—
  • the participation of persons with disabilities or access needs in those decisions; and
  • best practice approaches for listening to the views of persons with disabilities or access needs and taking those views into account:
  • (b) developing mechanisms and means to ensure that Accessible Aotearoa New Zealand engages and supports persons with disabilities or access needs to participate and express their views and be informed by those views in the performance of Accessible Aotearoa New Zealand's functions:
  • (c) modelling and promoting best practice in the participation of persons with disabilities or access needs through Accessible Aotearoa New Zealand's engagements with persons with disabilities or access needs:
  • (d) publishing and sharing the views and voices of persons with disabilities or access needs with the general public and relevant groups:
  • (e) providing support and advice to any person, body, or organisation carrying out engagement with persons with disabilities or access needs to better hear their views and uphold their rights:
  • (f) having regard to the principles in the exercise of its functions under this Act.
  • Additional functions, duties, or powers

Accessible Aotearoa New Zealand must perform any other function or duty and may exercise any other power conferred on it by or under this Act or any other enactment.

  • Confidentiality of information
  • This section applies if Accessible Aotearoa New Zealand obtains information or gains access to a document in performance or exercise of any function, duty, or power under this Act or regulations.
  • Accessible Aotearoa New Zealand must not publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies unless—
  • (a) the information or document is available to the public under any enactment or is otherwise publicly available; or
  • (b) the information is in a statistical or summary form; or
  • (c) the publication or disclosure of the information or document is—
  • for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed on Accessible Aotearoa New Zealand or the person by this Act; or
  • to a person who the person disclosing the information is satisfied has a proper interest in receiving the information or document; or
  • with the consent of the person to whom the information or document relates or of the person to whom the information or document is confidential; or
  • required or authorised by law.
  • The person must not publish or disclose, or direct a person to publish or disclose, any information or document under subsection (2)(c)(ii) unless the person is satisfied that appropriate protections are, or will be, in place for the purpose of maintaining the confidentiality of the information or document (in particular, information that is personal information within the meaning of the Privacy Act 2020).

Accessible Aotearoa New Zealand’s board

  • Accessible Aotearoa New Zealand’s board
  • The board consists of at least 5, and no more than 9, board members.
  • Board members are the board for the purposes of the Crown Entities Act 2004.
  • Accessible Aotearoa New Zealand must have, on a collective basis, among its board members—
  • (a) experience and knowledge of disability and accessibility rights and issues; and
  • (b) knowledge and understanding of Te Tiriti o Waitangi / the Treaty of Waitangi; and
  • (c) the required skills and leadership expertise to reflect the needs of persons with disabilities of interest to the Commission.
  • The board must, as far as possible, be—
  • (a) comprised of a majority of persons with disabilities or access needs; and
  • (b) representative of the diversity of New Zealand society, including Māori representation; and
  • (c) representative of the diversity of disabilities and access needs experienced by New Zealanders.
  • This section does not limit sections 29 and 30 of the Crown Entities Act 2004.
  • Recommendation and endorsement of board members
  • The Minister must have regard to recommendations from a nominations panel when recommending—
  • (a) the appointment of a board member under section 28(1)(b) of the Crown Entities Act 2004:
  • (b) the reappointment of a board member who has had continuous service of 6 years or more.
  • A candidate applying to be a board member must have the endorsement of one or more of the following:
  • (a) a member organisation of the Disabled People's Organisations Coalition:
  • (b) an organisation representing Māori including tāngata whaikaha Māori and whānau haua.
  • Nominations panel
  • The chief executive of the Ministry must convene a nominations panel for the purposes of assessing candidates and making recommendations to the Minister relating to appointments under section 18(1)(a) and reappointments under section 18(1)(b).
  • A nominations panel may only recommend a candidate for appointment under section 18(1)(a) who has been endorsed by a relevant agency under section 18(2).
  • A nominations panel must consist of persons who have, on a collective basis, the following expertise and experience:
  • (a) lived experience of disability:
  • (b) disability or accessibility leadership:
  • (c) Māori leadership:
  • (d) governance experience at a board level:
  • (e) appointment and recruitment experience.
  • Duties of board
  • The duties of the board are to—
  • (a) appoint standards development committees and determine the scope of work to be undertaken by each committee:
  • (b) approve or decline—
    • new accessibility standards:
    • amendments to existing accessibility standards:
    • revocation of accessibility standards:
  • (c) oversee the performance of Accessible Aotearoa New Zealand’s functions:
  • (d) set strategic priorities and work programmes that support improved outcomes for persons with disabilities or access needs, with a focus on establishing a framework to ensure accessibility standards are clear, enforceable and effective:
  • (e) build and maintain relationships with hapū, iwi, Māori organisations, member organisations of the Disabled People's Organisations Coalition, other organisations representing people with disabilities and other access needs, other disability-led organisations, community organisations, departments, and other agencies:
  • (f) have regard to the United Nations Convention on the Rights of Persons with Disabilities, the principles and Te Tiriti o Waitangi / the Treaty of Waitangi in the exercise of its duties.
  • The duties set out in subsection (1)—
  • (a) apply in addition to the collective duties of the board set out in sections 49 to 52 of the Crown Entities Act 2004; and
  • (b) are collective duties owed to the Minister for the purposes of section 58 of the Crown Entities Act 2004.

Part 3

Accessibility Standards and Regulations

  • Purpose of accessibility standards

The purpose of accessibility standards is to—

  • (a) promote the removal of barriers; and
  • (b) ensure that regulated entities make reasonable accommodation for the needs of persons with disabilities and access needs.
  • Standards development committees
  • The board must establish 1 or more standards development committees to—
  • (a) draft new accessibility standards:
  • (b) review existing accessibility standards:
  • (c) advise on the content of accessibility standards:
  • (d) consider and propose amendments to existing standards.
  • The board must—
  • (a) determine the number of standards development committees that are necessary:
  • (b) determine what work will be carried out by each standards development committee:
  • (c) appoint members of each standards development committee.
  • The membership of each standards development committee must—
  • (a) be comprised of a majority of persons with disabilities and access needs that are representative of the diversity of disabilities and access needs experienced by New Zealanders:
  • (b) include representatives from member organisations of the Disabled People's Organisations Coalition:
  • (c) include representatives from service providers for persons with disabilities or access needs:
  • (d) include representatives from relevant regulated entities.
  • Consultation on accessibility standards
  • When preparing accessibility standards, Accessible Aotearoa New Zealand—
  • (a) must undertake public consultation; and
  • (b) must consult—
  • member organisations of the Disabled People's Organisations Coalition; and
  • organisations representing Māori including tāngata whaikaha Māori and whānau haua; and
  • may consult other bodies including hapū, iwi, organisations representing people with disabilities and other access needs, disability-led organisations, community organisations, departments, and other agencies.
  • The consultation materials must summarise the major matters proposed to be addressed in the accessibility standards, including—
  • (a) applicable regulated entities:
  • (b) barriers identified within the regulated entities:
  • (c) reasonable accommodations for the needs of persons with disabilities and access needs to address these barriers.
  • Review of accessibility standards
  • A standards development committee must review an accessibility standard—
  • (a) no later than 4 years after the date on which it was issued; and
  • (b) no later than 10 years after the accessibility standard was last reviewed under paragraph (a).
  • The review must consider—
  • (a) whether the accessibility standard is effective in achieving—
  • the removal of barriers; and
  • reasonable accommodation for persons with disabilities and access needs:
  • (b) whether any amendments to the accessibility standard are necessary or desirable to achieve the matters in paragraph (a).
  • When reviewing accessibility standards, Accessible Aotearoa New Zealand must—
  • (a) undertake public consultation; and
  • (b) consult—
  • organisations representing people with disabilities and other access needs:
  • organisations representing Māori including tāngata whaikaha Māori and whānau haua.
  • The findings of the review, including any proposed amendments, must be reported to the Board.
  • Regulations
  • The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
  • (a) defining, for the purposes of this Act, any term that is used but not defined in this Act:
  • (b) prescribing an entity as a regulated entity for the purposes of this Act:
  • (c) exempting, on any terms that are specified in the regulations, in whole or in part, any entity or class of entities from being a regulated entity for the purposes of this Act:
  • (d) issuing, amending or revoking accessibility standards as approved by the Accessible Aotearoa New Zealand board:
  • (e) specifying procedural requirements for investigations:
  • (f) prescribing an appealable decision for the purposes of this Act:
  • (g) specifying the form in which the accessibility plans required by section 50 are to be prepared and the time and manner in which they are to be published:
  • (h) specifying the form in which the feedback process required by section 51 is to be prepared and the time and manner in which it is to be published:
  • (i) specifying the form in which progress reports required by section 52 are to be prepared, including specific reporting requirements, and the time and manner in which they are to be published:
  • (j) prescribing requirements relating to the keeping and availability of records.
  • Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Part 4 Complaints, investigations and enforcement Subpart 1—Complaints

  • Right to lodge a complaint
  • Any person may make a complaint under this Part if that person:
  • (a) has identified a barrier in respect of a regulated entity that has caused or would be likely to cause property damage or economic loss, physical or psychological harm, including harm to dignity, independence, participation, or equal access; or
  • (b) has otherwise been affected by a regulated entity's contravention of any accessibility standard made under this Act.
  • A complaint may be made together with 1 or more other complaints.
  • Form of complaint
  • A complaint must be made to Accessible Aotearoa New Zealand and may be made orally or in writing.
  • A complaint made orally must be put in writing as soon as practicable.
  • If a person wishing to make a complaint to Accessible Aotearoa New Zealand requires assistance to put the complaint in writing, Accessible Aotearoa New Zealand must give that person any assistance that is reasonably necessary in the circumstances.
  • Procedure on receipt of complaint
  • As soon as practicable after receiving a complaint, Accessible Aotearoa New Zealand must consider the complaint and decide to—
  • (a) investigate the complaint; or
  • (b) not investigate the complaint if, in Accessible Aotearoa New Zealand's opinion,—
    • the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act other than this Act; or
    • the complaint is beyond the jurisdiction of Accessible Aotearoa New Zealand; or
    • the complaint is frivolous, vexatious, or not made in good faith; or
    • it appears that, having regard to all the circumstances of the case, an investigation is unnecessary.
  • As soon as practicable after making a decision under subsection (1), Accessible Aotearoa New Zealand must—
  • (a) advise the complainant of that decision; and
  • (b) advise the complainant of the reasons for the decision, if the decision is made to not investigate the complaint under subsection (1)(b).

Subpart 2—Investigations

  • Application of this subpart

This subpart applies to investigations conducted by Accessible Aotearoa New Zealand—

  • (a) into complaints received under section 26; or
  • (b) on Accessible Aotearoa New Zealand's own initiative, into any matter in respect of which a complaint may be made under section 26.
  • Investigation procedure
  • Accessible Aotearoa New Zealand must provide written notice to the regulated entity that it is investigating, that must set out—
    • the details of—
      • the complaint; or
      • the subject of the investigation; and
    • the right to provide, within a reasonable time, a written response to Accessible Aotearoa New Zealand.
  • During an investigation, Accessible Aotearoa New Zealand may—
    • hear and obtain information and documents from any person; and
    • make any inquiries.
  • When conducting an investigation, Accessible Aotearoa New Zealand may adopt any procedure Accessible Aotearoa New Zealand considers appropriate that is not inconsistent with this Act or any regulations made under section 25.
  • Complaint substantiated
  • If, at the conclusion of an investigation, Accessible Aotearoa New Zealand finds that the complaint is substantiated or, in the case of an investigation conducted on the board's own initiative, would be substantiated, Accessible Aotearoa New Zealand may decide to do one or more of the following—
  • (a) issue an improvement notice in accordance with subpart 3:
  • (b) make unenforceable recommendations to the regulated entity, including in respect of compliance with any best practice accessibility
  • As soon as practicable, Accessible Aotearoa New Zealand must provide written notice to the parties of any decision made under subsection (1), that sets out—
    • the reasons for the decision; and
    • the time within and the manner in which an application may be made for an appeal of the decision.
  • Complaint dismissed
  • At the conclusion of an investigation, Accessible Aotearoa New Zealand must dismiss the complaint if it is found that the complaint is, or, in the case of an investigation conducted on the Commissioner’s own initiative, would not be substantiated.
  • As soon as practicable, Accessible Aotearoa New Zealand must provide written notice to the parties of any decision made under subsection (1), that sets out—
    • the reasons for the dismissal; and
    • the time within and the manner in which an application may be made for an appeal of the decision to dismiss the complaint.

Subpart 3—Improvement notices

  • Power to issue improvement notices
  • This section applies if Accessible Aotearoa New Zealand reasonably believes that a regulated entity—
  • (a) is contravening a provision of this Act or an accessibility standard made by regulations under this Act; or
  • (b) is likely to contravene this Act or an accessibility standard made by regulations under this Act.
  • Accessible Aotearoa New Zealand may issue an improvement notice requiring the regulated entity to—
  • (a) remedy the contravention; or
  • (b) prevent a likely contravention from occurring; or
  • (c) remedy the things or activities causing the contravention or likely to cause a contravention.
  • Content of improvement notices
  • An improvement notice must state—
  • (a) that Accessible Aotearoa New Zealand believes the regulated entity—
  • is contravening a provision of this Act or an accessibility standard; or
  • is likely to contravene this Act or an accessibility standard; and
  • (b) the provision of this Act or accessibility standard Accessible Aotearoa New Zealand believes is being, or is likely to be, contravened; and
  • (c) how the provision or accessibility standard is being, or is likely to be, contravened; and
  • (d) a reasonable period within which the regulated entity is required to remedy—
  • the contravention or likely contravention; or
  • the things or activities causing the contravention or likely to cause a contravention.
  • An improvement notice may include recommendations concerning—
  • (a) the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates:
  • (b) the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates.
  • Compliance with improvement notices
  • A person who has been issued with an improvement notice must comply with the notice within the period specified in the notice.
  • A person who contravenes subsection (1) commits an offence and is liable on conviction,—
  • (a) for an individual, to a fine not exceeding $50,000:
  • (b) for any other person, to a fine not exceeding $250,000.
  • It is not an offence to fail to comply with recommendations in an improvement notice.
  • Extension of time for compliance with improvement notices
  • This section applies if a person has been issued with an improvement notice.
  • Accessible Aotearoa New Zealand may, by written notice given to the person, extend the compliance period for the improvement notice.
  • However, Accessible Aotearoa New Zealand may extend the compliance period only if the period has not ended.
  • In this section, compliance period means the period stated in the improvement notice under section 33; and includes any extension of that period under this section.

Subpart 4—Enforceable undertakings

  • Accessible Aotearoa New Zealand may accept enforceable undertakings
  • Accessible Aotearoa New Zealand may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or regulations.
  • Accessible Aotearoa New Zealand must not accept an enforceable undertaking under subsection (1) if it believes that the contravention or alleged contravention would amount to an offence under this Act.
  • The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
  • Notice of decision and reasons for decision
  • Accessible Aotearoa New Zealand must give the person seeking to make an enforceable undertaking written notice of—
  • (a) its decision to accept or reject the undertaking; and
  • (b) the reasons for the decision.
  • Accessible Aotearoa New Zealand must publish, on an accessible platform that provides information in digital and non-digital formats, maintained by or on behalf of Accessible Aotearoa New Zealand, notice of a decision to accept an enforceable undertaking and the reasons for that decision.
  • When enforceable undertaking is enforceable

An enforceable undertaking takes effect and becomes enforceable when Accessible Aotearoa New Zealand's decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by Accessible Aotearoa New Zealand.

  • Compliance with enforceable undertaking
  • A person must not contravene an enforceable undertaking given by that person that is in force.
  • A person who contravenes subsection (1) commits an offence and is liable on conviction, —
  • (a) for an individual, to a fine not exceeding $50,000:
  • (b) for any other person, to a fine not exceeding $250,000.
  • Contravention of enforceable undertaking
  • Accessible Aotearoa New Zealand may apply to the District Court for an order if a person contravenes an enforceable undertaking.
  • If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
  • (a) an order directing the person to comply with the undertaking:
  • (b) an order discharging the undertaking.
  • In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to Accessible Aotearoa New Zealand—
  • (a) the costs of the proceedings; and
  • (b) the reasonable costs of Accessible Aotearoa New Zealand in monitoring compliance with the enforceable undertaking in the future.
  • This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations to which the enforceable undertaking relates.
  • Withdrawal or variation of enforceable undertaking
  • A person who has given an enforceable undertaking may at any time, with the written agreement of Accessible Aotearoa New Zealand,
  • (a) withdraw the undertaking; or
  • (b) vary the undertaking.
  • However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or accessibility standard.
  • Accessible Aotearoa New Zealand must publish on an Internet site maintained by or on behalf of Accessible Aotearoa New Zealand notice of the withdrawal or variation of an enforceable undertaking.
  • Proceedings for alleged contravention
  • Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or any accessibility standard may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
  • No proceedings may be brought for a contravention or an alleged contravention of this Act or any accessibility standard against a person who—
  • (a) has made an enforceable undertaking in relation to that contravention; and
  • (b) has completely discharged the enforceable undertaking.
  • Accessible Aotearoa New Zealand may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
  • If Accessible Aotearoa New Zealand accepts an enforceable undertaking before the proceedings are completed, Accessible Aotearoa New Zealand must take all reasonable steps to have the proceedings discontinued as soon as practicable.

Subpart 5—Reviews and appeals

  • Interpretation

In this subpart, unless the context otherwise requires—

appealable decision means a decision made by Accessible Aotearoa New Zealand—

  • (a) to investigate or not to investigate a complaint:
  • (b) to investigate a regulated entity of its own initiative:
  • (c) to dismiss a complaint:
  • (d) to issue an improvement notice (including a subsequent notice):
  • (e) to extend the time to comply with an improvement notice:
  • (f) to accept or not to accept enforceable undertakings:
  • (g) of a type prescribed by regulations for the purposes of this section.

eligible person, in relation to an appealable decision, means a person affected by the decision or that person’s representative, and may include:

  • (a) a complainant:
  • (b) a regulated entity.
  • Eligible persons may commence proceedings in Tribunal

An eligible person or their lawful representative may commence proceedings in the Tribunal in respect of an appealable decision.

  • Determination of appeal
  • The Tribunal may require Accessible Aotearoa New Zealand to provide either or both of the following:
    • (a) a written report setting out the considerations to which Accessible Aotearoa New Zealand had regard to in making the appealable decision:
    • (b) any information held by Accessible Aotearoa New Zealand relating to the making of the appealable decision that is required to determine the appeal.
  • At the hearing of an appeal (other than an appeal determined on the papers), Accessible Aotearoa New Zealand is entitled to appear in person, or by a representative, and be heard.
  • The Tribunal may determine an appeal by—
  • (a) confirming the appealable decision:
  • (b) modifying the appealable decision:
  • (c) reversing the appealable decision.

Subpart 6—Inspection

  • Powers of entry and inspection
  • For the purpose of performing any function of Accessible Aotearoa New Zealand under this Act, Accessible Aotearoa New Zealand may, at any reasonable time, enter any regulated entity and—
  • (a) conduct examinations, tests, inquiries, and inspections, or direct a regulated entity or a person who is or appears to be accountable for the regulated entity to conduct examinations, tests, inquiries, or inspections:
  • (b) be accompanied and assisted by any other person and bring into the workplace or domain any equipment necessary to carry out Accessible Aotearoa New Zealand's functions:
  • (c) take photographs and measurements and make sketches and recordings:
  • (d) require the regulated entity or a person who is or appears to be in charge of the regulated entity to ensure that the workplace or any place or thing in the regulated entity specified by Accessible Aotearoa New Zealand is not disturbed for a reasonable period pending examination, test, inquiry, or inspection:
  • (e) require the regulated entity or a person who is or appears to be in charge of the regulated entity to—
  • produce information relating to the regulated entity;
  • produce information relating to the regulated entity’s compliance with this Act;
  • permit Accessible Aotearoa New Zealand to examine and make copies of, or take extracts from, the information; or
  • require the regulated entity to provide statements, in any form and manner that Accessible Aotearoa New Zealand
  • Despite subsection (1), Accessible Aotearoa New Zealand must not enter a defence area except in accordance with a written agreement between Accessible Aotearoa New Zealand and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force.
  • Despite subsection (1)(e), if all or any part of the information relates to a person’s health status and identifies the person, Accessible Aotearoa New Zealand must not, without that person’s consent, —
  • (a) require the production of information; or
  • (b) examine the information; or
  • (c) make a copy of, or take an extract from, the information.
  • Nothing in this section affects the application of section 60 of the Evidence Act 2006.
  • In this section, information includes any document.
  • Duty to assist
  • Any person from a regulated entity under investigation must give all reasonable assistance to enable Accessible Aotearoa New Zealand to enter, inspect, examine, inquire, or exercise any other power under relevant accessibility and disability legislation.
  • A person who contravenes subsection (1) commits an offence and is liable on conviction—
  • (a) for an individual, to a fine not exceeding $10,000:
  • (b) for any other person, to a fine not exceeding $50,000.
  • Offence to hinder or obstruct
  • A person must not, without reasonable cause, hinder or obstruct Accessible Aotearoa New Zealand in exercising compliance powers, or cause or attempt to cause any other person to do so.
  • A person who contravenes subsection (1) commits an offence and is liable on conviction—
  • (a) for an individual, to a fine not exceeding $10,000:
  • (b) for any other person, to a fine not exceeding $50,000.

Part 5

Accessibility Plans

  • Accessibility plan
  • A regulated entity must prepare and publish in accordance with this Act and any regulations made under it:
    • an initial accessibility plan no later than one year after the commencement of this section; and
    • an updated accessibility plan no later than 5 years after the date on which the previous plan was published, or within any shorter period prescribed by regulations.
  • The accessibility plan must set out:
    • the regulated entity's current policies, programmes, practices and services in relation to the identification, removal and prevention of barriers under relevant accessibility standards:
    • any planned or proposed policies, programmes, practices, or services intended to meet relevant accessibility standards and best practice guidelines:
    • the nature of any consultation undertaken under subsection (3):
    • in relation to an updated accessibility plan, a description of any feedback received by the regulated entity through its feedback process and how that feedback was addressed in the updated accessibility plan.
  • In the preparation of an accessibility plan, a regulated entity must consult:
    • organisations representing people with disabilities and other access needs:
    • organisations representing Māori including tāngata whaikaha Māori and whānau haua.
  • A regulated entity must notify Accessible Aotearoa New Zealand as soon as practicable after the publication of each accessibility plan.
  • Establishment of feedback process
  • A regulated entity must establish a process for receiving and responding to feedback about the following:
  • (a) the manner in which the regulated entity is implementing its accessibility plan; and
  • (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity.
  • A regulated entity must publish a description of its feedback process.
  • A regulated entity must notify Accessible Aotearoa New Zealand as soon as practicable after the publication of its feedback process.
  • Progress Reports
  • A regulated entity must prepare and publish an annual progress report on the implementation of its accessibility plan, in accordance with this Act and any regulations made under it.
  • The initial progress report must be published no later than one year after the date on which the initial accessibility plan is published.
  • The progress report must include:
    • an assessment of the effectiveness of the regulated entity's current policies, programmes, practices and services in relation to the identification, removal and prevention of barriers set out in its accessibility plan:
    • a description of any progress towards any planned or proposed policies, programmes, practices, or services intended to meet relevant accessibility standards and best practice guidelines set out in its accessibility plan:
    • a description of any feedback received by the regulated entity through its feedback process and how that feedback was addressed:
  • A regulated entity must notify Accessible Aotearoa New Zealand as soon as practicable after the publication of its progress report.

 

Schedule 1

United Nations Convention on the Rights of Persons with Disabilities

 

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