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Submissions

NZ Parliament Regulatory Standards Bill

To: NZ Parliament
Date: June 2025

 

Purpose

DPA opposes the Regulatory Standards Bill (RSB) in its entirety and asks the Finance and Expenditure Committee to recommend that it not proceed. Their goal is to prevent the bill from undermining collective rights and support frameworks for disabled people, weakening protections for human rights (including under the UNCRPD and Human Rights Act), eroding environmental safeguards, and negatively impacting the rights and interests of tāngata whaikaha Māori.

Summary of DPA submission

DPA opposes the Regulatory Standards Bill (RSB) in its entirety, asking the Finance and Expenditure Committee to recommend that it does not proceed. DPA considers that this bill reflects an ideology that prioritises individual freedoms and property rights to the detriment of many disabled people, as it undermines many of the collective rights and support frameworks that disabled people rely on, such as accessible infrastructure, inclusive education, and employment protections.

DPA advocates for both the social model of disability (barriers in society disable people) and the human rights model of disability (disabled people have the same human rights, protected by law). These are examples of "positive rights" essential for wellbeing (e.g., education, housing, health, employment). The UNCRPD, which New Zealand has ratified, affirms these rights and protections for disabled people. DPA is concerned that the RSB's framing could over time put New Zealand at risk of breaching many of its obligations under the UNCRPD and other international human rights conventions.

The RSB’s emphasis on reducing regulation could lead to the weakening or removal of laws that protect disabled people, especially if those laws are seen as imposing additional costs or administrative burdens for companies. DPA fears that a government, if a Regulatory Standards Act is in place, could downgrade accessibility provisions (e.g., Building Act 2004, NZ Standard 4121) if they are regarded as compliance costs rather than essential rights and investment. The requirement for consistency accountability statements (CAS) in new legislation could highlight "inconsistencies" with RSB principles, potentially leading to the erosion of accessibility measures, ignoring the social cost of inaccessible buildings borne by disabled people.

The bill's lack of explicit mention of disability rights or equity considerations raises concerns that the needs of disabled people will be ignored in regulatory assessments, representing a risk to their rights under the UNCRPD. This could subject existing legislation designed to protect disabled people's rights, such as the Human Rights Act 1993 (protection against discrimination) and the Harmful Digital Communications Act (HDCA) (protection against online hate speech), to weakening.

DPA also has significant concerns that the RSB will result in the weakening of laws protecting the rights of health and disability consumers to safe, quality services (e.g., Health and Disability Commissioner Act and Code), which would be disastrous for many disabled people's ability to make complaints.

DPA shares the concerns of environmental organisations that the RSB poses a major threat to our environment. Disabled people disproportionately bear the brunt of climate change, being a "high priority population group" more susceptible to climate-related hazards and at higher mortality rates in emergencies. If passed, the bill will limit governments' ability to effectively tackle climate change, meaning disabled people will continue to be adversely impacted by unregulated activities.

Crucially, Te Tiriti o Waitangi is not mentioned in the legislation, which DPA fears will undermine the rights and interests of tāngata whaikaha Māori (disabled Māori) and give prominence to corporate interests over Māori interests. Tāngata whaikaha Māori experience dual disadvantage, including higher disability rates, discrimination, lower employment, incomes, and poorer health status.

 

Key Recommendation/Finding:

DPA opposes the Regulatory Standards Bill (RSB) in its entirety and asks that the Finance and Expenditure Committee recommend that it does not proceed.

 

Supporting Statement 1:

We believe it will jeopardise progress to improve public health and mental health and wellbeing outcomes for all New Zealanders, and particularly those who face inequities, such as whānau Māori, Pacific peoples, people living in areas of high socioeconomic deprivation, disabled people, and the rainbow community.

 

Supporting Statement 2:

The RSB passing would make the above scenario a reality and pave the way to corporate control of the State. The gutting of disability support services last year is just one example of how the Government already tokenises consultation with disabled people and whānau, if it happens at all. Systematically eroding our human rights protections in favour of cost savings is exactly the kind of policy this Bill will keep enabling.

 
 

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