Draft Accessible Aotearoa New Zealand Bill including text of UN Convention on the Rights of Persons with Disabilities

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

Title
Commencement
Interpretations
Purpose
United Nations Convention on the Rights of Persons with Disabilities
Act to give effect to Te Tiriti o Waitangi
Act binds the Crown
Enforcement of Act against the Crown

Part 2

Accessible Aotearoa New Zealand

Accessible Aotearoa New Zealand
Independence of Accessible Aotearoa New Zealand

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

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

Accessible Aotearoa New Zealand’s board

Accessible Aotearoa New Zealand’s board
Recommendation and endorsement of board members
Nominations panel
Duties of board

Part 3

Accessibility Standards and Regulations

Purpose of accessibility standards
Standards development committees
Consultation on accessibility standards
Review of accessibility standards
Regulations

Part 4

Complaints, Investigations and Enforcement

Subpart 1 - Complaints

Right to lodge a complaint
Form of complaint
Procedure on receiving a complaint

Subpart 2 - Investigations

Application of this subpart
Investigation procedure
Complaint substantiated
Complaint dismissed

Subpart 3 – Improvement Notices

Power to issue improvement notices
Content of improvement notices
Compliance with improvement notices
Extension of time for compliance with improvement notices

Subpart 4 – Enforceable undertakings

Accessible Aotearoa New Zealand may accept enforceable undertakings
Notice of decision and reasons for decision
When enforceable undertaking is enforceable
Compliance with enforceable undertaking
Contravention of enforceable undertaking
Withdrawal or variation of enforceable undertaking
Proceedings for alleged contravention

Subpart 5 – Reviews and appeals

Interpretation
Eligible persons may commence proceedings in Tribunal
Determination of appeal

Subpart 6 – Inspection

Powers of entry and inspection
Duty to assist
Offence to hinder or obstruct

Part 5

Accessibility Plans

Accessibility Plan
Establishment of feedback process
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

Preamble

Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,

Recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind,

Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination,

Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others,

Recognizing the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for persons with disabilities,

Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,

Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person,

Recognizing further the diversity of persons with disabilities,

Recognizing the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support,

Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world,

Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,

Recognizing the valued existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty,

Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,

Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them,

Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status,

Recognizing that women and girls with disabilities are often at greater risk, both within and outside the home, of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,

Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child,

Emphasizing the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities,

Bearing in mind that conditions of peace and security based on full respect for the purposes and principles contained in the Charter of the United Nations and observance of applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,

Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights,

Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities,

Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,

Have agreed as follows :

Article 1 - Purpose

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

Article 2 - Definitions

For the purposes of the present Convention:

"Communication" includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;

"Language" includes spoken and signed languages and other forms of non-spoken languages;

"Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

"Reasonable accommodation" means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;

"Universal design" means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. "Universal design" shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

Article 3 - General principles

The principles of the present Convention shall be:

Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons;
Non-discrimination;
Full and effective participation and inclusion in society;
Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
Equality of opportunity;
Accessibility;
Equality between men and women;
Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

Article 4 - General obligations

States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake:
1. To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;
2. To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;
3. To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
4. To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
5. To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
6. To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;
7. To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;
8. To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
9. To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.
With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.
In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.
Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of persons with disabilities and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent.
The provisions of the present Convention shall extend to all parts of federal states without any limitations or exceptions.

Article 5 - Equality and non-discrimination

States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.
In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Article 6 - Women with disabilities

States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.
States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.

Article 7 - Children with disabilities

States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.
States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

Article 8 - Awareness-raising

States Parties undertake to adopt immediate, effective and appropriate measures:
1. To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities;
2. To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life;
3. To promote awareness of the capabilities and contributions of persons with disabilities.
Measures to this end include:
1. Initiating and maintaining effective public awareness campaigns designed:
  1. To nurture receptiveness to the rights of persons with disabilities;
  2. To promote positive perceptions and greater social awareness towards persons with disabilities;

To promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;

Fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities;
Encouraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of the present Convention;
Promoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities.

Article 9 - Accessibility

To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
1. Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;
2. Information, communications and other services, including electronic services and emergency services.
States Parties shall also take appropriate measures to:
1. Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;
2. Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities;
3. Provide training for stakeholders on accessibility issues facing persons with disabilities;
4. Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms;
5. Provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public;
6. Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;
7. Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;
8. Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.

Article 10 - Right to life

States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Article 11 - Situations of risk and humanitarian emergencies

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

Article 12 - Equal recognition before the law

States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person's rights and interests.
Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

Article 13 - Access to justice

States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.

Article 14 - Liberty and security of the person

States Parties shall ensure that persons with disabilities, on an equal basis with others:
1. Enjoy the right to liberty and security of person;
2. Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty.
States Parties shall ensure that if persons with disabilities are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation.

Article 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishment

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.
States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 16 - Freedom from exploitation, violence and abuse

States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.
States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.
In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.
States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.
States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.

Article 17 - Protecting the integrity of the person

Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.

Article 18 - Liberty of movement and nationality

States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities:
1. Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;
2. Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
3. Are free to leave any country, including their own;
4. Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.
Children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents.

Article 19 - Living independently and being included in the community

States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

Article 20 Personal mobility

States Parties shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities, including by:

Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost;
Facilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost;
Providing training in mobility skills to persons with disabilities and to specialist staff working with persons with disabilities;
Encouraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities.

Article 21 - Freedom of expression and opinion, and access to information

States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by:

Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;
Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;
Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;
Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;
Recognizing and promoting the use of sign languages.

Article 22 - Respect for privacy

No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.
States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.

Article 23 - Respect for home and the family

States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that:
1. The right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses is recognized;
2. The rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information, reproductive and family planning education are recognized, and the means necessary to enable them to exercise these rights are provided;
3. Persons with disabilities, including children, retain their fertility on an equal basis with others.
States Parties shall ensure the rights and responsibilities of persons with disabilities, with regard to guardianship, wardship, trusteeship, adoption of children or similar institutions, where these concepts exist in national legislation; in all cases the best interests of the child shall be paramount. States Parties shall render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities.
States Parties shall ensure that children with disabilities have equal rights with respect to family life. With a view to realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, States Parties shall undertake to provide early and comprehensive information, services and support to children with disabilities and their families.
States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. In no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.
States Parties shall, where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting.

Article 24 - Education

States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to:
1. The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;
2. The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;
3. Enabling persons with disabilities to participate effectively in a free society.
In realizing this right, States Parties shall ensure that:
1. Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;
2. Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live;
3. Reasonable accommodation of the individual's requirements is provided;
4. Persons with disabilities receive the support required, within the general education system, to facilitate their effective education;
5. Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.
States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including:
1. Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;
2. Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community;
3. Ensuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development.
In order to help ensure the realization of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities.

Article 25 - Health

States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:

Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes;
Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons;
Provide these health services as close as possible to people's own communities, including in rural areas;
Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;
Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner;
Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability.

Article 26 - Habilitation and rehabilitation

States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes:
1. Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths;
2. Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.
States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.
States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation.

Article 27 - Work and employment

States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:
1. Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;
2. Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
3. Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
4. Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
5. Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;
6. Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one's own business;
7. Employ persons with disabilities in the public sector;
8. Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;
9. Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;
10. Promote the acquisition by persons with disabilities of work experience in the open labour market;
11. Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.
States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.

Article 28 - Adequate standard of living and social protection

States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:
1. To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;
2. To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes;
3. To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care;
4. To ensure access by persons with disabilities to public housing programmes;
5. To ensure equal access by persons with disabilities to retirement benefits and programmes.

Article 29 - Participation in political and public life

States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:

Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
1. Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
2. Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;

Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;

Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
1. Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
2. Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.

Article 30 - Participation in cultural life, recreation, leisure and sport

States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:
1. Enjoy access to cultural materials in accessible formats;
2. Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats;
3. Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.
States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.
States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.
Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.
With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:
1. To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;
2. To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;
3. To ensure that persons with disabilities have access to sporting, recreational and tourism venues;
4. To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;
5. To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.

Article 31 - Statistics and data collection

States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:
1. Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities;
2. Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.
The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties' obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.
States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.

Article 32 - International cooperation

States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia:
1. Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities;
2. Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices;
3. Facilitating cooperation in research and access to scientific and technical knowledge;
4. Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.
The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention.

Article 33 - National implementation and monitoring

States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.
States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.
Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

Article 34 - Committee on the Rights of Persons with Disabilities

There shall be established a Committee on the Rights of Persons with Disabilities (hereafter referred to as "the Committee"), which shall carry out the functions hereinafter provided.
The Committee shall consist, at the time of entry into force of the present Convention, of twelve experts. After an additional sixty ratifications or accessions to the Convention, the membership of the Committee shall increase by six members, attaining a maximum number of eighteen members.
The members of the Committee shall serve in their personal capacity and shall be of high moral standing and recognized competence and experience in the field covered by the present Convention. When nominating their candidates, States Parties are invited to give due consideration to the provision set out in article 4.3 of the present Convention.
The members of the Committee shall be elected by States Parties, consideration being given to equitable geographical distribution, representation of the different forms of civilization and of the principal legal systems, balanced gender representation and participation of experts with disabilities.
The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties from among their nationals at meetings of the Conference of States Parties. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
The initial election shall be held no later than six months after the date of entry into force of the present Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit the nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the State Parties which have nominated them, and shall submit it to the States Parties to the present Convention.
The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election once. However, the term of six of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article.
The election of the six additional members of the Committee shall be held on the occasion of regular elections, in accordance with the relevant provisions of this article.
If a member of the Committee dies or resigns or declares that for any other cause she or he can no longer perform her or his duties, the State Party which nominated the member shall appoint another expert possessing the qualifications and meeting the requirements set out in the relevant provisions of this article, to serve for the remainder of the term.
The Committee shall establish its own rules of procedure.
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention, and shall convene its initial meeting.
With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's responsibilities.
The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 35 - Reports by States Parties

Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned.
Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests.
The Committee shall decide any guidelines applicable to the content of the reports.
A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports, repeat information previously provided. When preparing reports to the Committee, States Parties are invited to consider doing so in an open and transparent process and to give due consideration to the provision set out in article 4.3 of the present Convention.
Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention.

Article 36 - Consideration of reports

Each report shall be considered by the Committee, which shall make such suggestions and general recommendations on the report as it may consider appropriate and shall forward these to the State Party concerned. The State Party may respond with any information it chooses to the Committee. The Committee may request further information from States Parties relevant to the implementation of the present Convention.
If a State Party is significantly overdue in the submission of a report, the Committee may notify the State Party concerned of the need to examine the implementation of the present Convention in that State Party, on the basis of reliable information available to the Committee, if the relevant report is not submitted within three months following the notification. The Committee shall invite the State Party concerned to participate in such examination. Should the State Party respond by submitting the relevant report, the provisions of paragraph 1 of this article will apply.
The Secretary-General of the United Nations shall make available the reports to all States Parties.
States Parties shall make their reports widely available to the public in their own countries and facilitate access to the suggestions and general recommendations relating to these reports.
The Committee shall transmit, as it may consider appropriate, to the specialized agencies, funds and programmes of the United Nations, and other competent bodies, reports from States Parties in order to address a request or indication of a need for technical advice or assistance contained therein, along with the Committee's observations and recommendations, if any, on these requests or indications.

Article 37 - Cooperation between States Parties and the Committee

Each State Party shall cooperate with the Committee and assist its members in the fulfilment of their mandate.
In its relationship with States Parties, the Committee shall give due consideration to ways and means of enhancing national capacities for the implementation of the present Convention, including through international cooperation.

Article 38 - Relationship of the Committee with other bodies

In order to foster the effective implementation of the present Convention and to encourage international cooperation in the field covered by the present Convention:
1. The specialized agencies and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite specialized agencies and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;
The Committee, as it discharges its mandate, shall consult, as appropriate, other relevant bodies instituted by international human rights treaties, with a view to ensuring the consistency of their respective reporting guidelines, suggestions and general recommendations, and avoiding duplication and overlap in the performance of their functions.

Article 39 - Report of the Committee

The Committee shall report every two years to the General Assembly and to the Economic and Social Council on its activities, and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties.

Article 40 - Conference of States Parties

The States Parties shall meet regularly in a Conference of States Parties in order to consider any matter with regard to the implementation of the present Convention.
No later than six months after the entry into force of the present Convention, the Conference of the States Parties shall be convened by the Secretary-General of the United Nations. The subsequent meetings shall be convened by the Secretary-General of the United Nations biennially or upon the decision of the Conference of States Parties.

Article 41 - Depositary

The Secretary-General of the United Nations shall be the depositary of the present Convention.

Article 42 - Signature

The present Convention shall be open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007.

Article 43 - Consent to be bound

The present Convention shall be subject to ratification by signatory States and to formal confirmation by signatory regional integration organizations. It shall be open for accession by any State or regional integration organization which has not signed the Convention.

Article 44 - Regional integration organizations

"Regional integration organization" shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.
References to "States Parties" in the present Convention shall apply to such organizations within the limits of their competence.
For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted.
Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 45 - Entry into force

The present Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession.
For each State or regional integration organization ratifying, formally confirming or acceding to the Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day after the deposit of its own such instrument.

Article 46 - Reservations

Reservations incompatible with the object and purpose of the present Convention shall not be permitted.
Reservations may be withdrawn at any time.

Article 47 - Amendments

Any State Party may propose an amendment to the present Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a conference of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.
An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.
If so decided by the Conference of States Parties by consensus, an amendment adopted and approved in accordance with paragraph 1 of this article which relates exclusively to articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment.

Article 48 - Denunciation

A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

Article 49 - Accessible format

The text of the present Convention shall be made available in accessible formats.

Article 50 - Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention shall be equally authentic.

In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

Draft Accessible Aotearoa New Zealand Bill including text of UN Convention on the Rights of Persons with Disabilities

Accessible Aotearoa New Zealand Bill 2026

Accessible Aotearoa New Zealand Bill

ContentsPart 1Preliminary provisions

Part 2

Part 3

Part 4

Part 5

Schedule 1

Part 1

Preliminary provisions

Part 2

Accessible Aotearoa New Zealand

Part 3

Accessibility Standards and Regulations

Part 4Complaints, investigations and enforcementSubpart 1—Complaints

Subpart 4—Enforceable undertakings

Subpart 5—Reviews and appeals

Part 5

Accessibility Plans

Schedule 1

Contents
Part 1
Preliminary provisions

Part 4
Complaints, investigations and enforcement
Subpart 1—Complaints