Submissions

To: Justice Select Committee
Date: December 2024

Purpose

This submission’s primary purpose is to support the Bill with amendments, as it enables survivors of family violence to give evidence in court without direct contact with the accused, which is a welcome step in removing barriers to justice. DPA's crucial aim is to ensure that disabled complainants have the necessary accessibility support, such as New Zealand Sign Language (NZSL) interpreters or video captioning, to participate equitably in these hearings.

Summary of DPA submission

DPA expresses support for its passage with a critical amendment. DPA views the Bill's provision allowing survivors of family violence to give evidence without direct contact with the accused as a "very welcome step" and "long overdue" in removing barriers to accessing justice. DPA emphasises that disabled people are disproportionately more likely to be subjected to acts of non-partner physical and sexual violence, including family violence, making this legislation particularly pertinent to their community.

However, DPA identifies a significant gap in the current legislation: it does not explicitly specify the right of disabled complainants to access these hearings with the necessary support. This includes crucial accommodations such as the use of New Zealand Sign Language (NZSL) interpreters, the ability to participate through video captioning of the proceedings, or any other tailored support they may require. Without such explicit provisions, disabled survivors could still face substantial barriers to equitable participation in the legal process, undermining the Bill's intended benefits.

To address this vital omission, DPA recommends a specific amendment to Section 106 of the Bill. This amendment would involve inserting a sub-clause that allows any complainant, or another person making an application on their behalf, to specify that they have an accessibility need due to being a disabled person and/or a New Zealand Sign Language (NZSL) userwhen requesting an alternative method for their evidence to be heard. This modification would formalize the requirement for courts to provide appropriate and necessary accommodations for disabled survivors.

Aside from this proposed change, DPA expresses hope that the legislation will be passed, as it will significantly contribute to providing survivors of domestic violence with greater, more equitable access to justice. This aligns with DPA's broader mission to drive systemic change for the equity of disabled people, recognising them as experts on their own lives and advocating for their human rights, particularly the right to access justice as outlined in Article 13 of the UNCRPD.

Key Recommendation/Finding:

DPA recommends that Section 106 of the Bill is amended to insert a sub-clause allowing any complainant or other person making application on their behalf to have their evidence heard in an alternative way through specifying that they have an accessibility need due to being a disabled person and/or as a New Zealand Sign Language (NZSL) user.

Supporting Statement 1:

"The one thing that is not clear to us from our reading of the legislation is that it does not specify the right of disabled complainants to access these hearings with the support they may need, including the use of New Zealand Sign Language (NZSL) interpreters or ability to participate through, for example, video captioning of the proceedings or with any other support they may need."

Supporting Statement 2:

"Eliminating one barrier to accessing justice for survivors of family violence, enabling the healing journey to begin for survivors and rehabilitation journey to begin for offenders is a very welcome step indeed and long overdue."