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A report on New Zealand’s adherence to Article 29 of the UN Convention on the Rights of Persons with Disabilities

Posted in International; Tagged Accessibility, Government, Maori sovereignty; Posted 5 months ago by DPA Less than a minute to read

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To: United Nations Special Rapporteur on Disability
Date: October 2025

 

Purpose

This submission’s purpose is to provide feedback to the United Nations Special Rapporteur on Disability Rights on the barriers disabled people encounter in running for and being elected to national and local political office and what moves have been undertaken to remove structural barriers to disabled people holding and maintaining office by NZ as a state party to the UNCRPD.

Summary of DPA submission

DPA’s first alternative report to the Special Rapporteur highlighted issues concerning the equal participation of disabled people in political life in New Zealand. These include the need to remove the last remaining barriers to continue holding elected office; ableist attitudes towards the candidacy and holding of office by disabled people; and the lack of structural support for disabled politicians. 

Main findings were that barriers still exist to the election of disabled people to central and local government in the form of section 56 of the Electoral Act 1993 which empowers Parliament’s Speaker to remove any Member of Parliament (MP) who is under a compulsory mental health treatment order six months after first being made.

Local councillors can be removed from office if they have a property order made against them under the Personal and Property Rights Act 1988 due to experiencing, for example, neurological impairment (i.e., dementia).

Provisions of the Electoral Act give the right to candidates to withdraw their candidacy and the power to the Electoral Commission and/or electoral officers to cancel a person’s candidacy if they experience a disability or health condition during the pre-election period.

At the national and local levels, attitudinal barriers can potentially deter disabled people from either standing for or being elected to office with numerous examples of ableist behaviours from elected politicians included to support this.

The Crown endorsed abolition of Māori constituencies on local councils via local referenda will erode the opportunity for more tāngata whaikaha disabled Māori to stand for elected office.

On the positive side, an increasing trickle of disabled people have been elected to central and local government, and the Election Access Fund has been established to support disabled candidates running for parliamentary office.

 

Key recommendations:

 

Recommendation 1: That the NZ Government amends the Electoral Act 1993 to repeal Section 56 to ensure compliance with the UNCRPD. 

 

Recommendation 2: That the NZ Government review the Local Electoral Act 2001 provisions around suspending councillors who are subjected to property orders to ensure compliance with the UNCRPD. 

 

Recommendation 3: That the NZ Government amend the Electoral Act 1993 to give candidates and/or their nominated agent(s) the sole right to withdraw their nomination on health or disability grounds.

 

Recommendation 4: That the Electoral Access Fund Act 2020 is amended to enable the fund to be accessed by disabled candidates standing in local body elections.

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DPA Submission 2510 A report on New Zealand’s adherence to Article 29 of the UN Convention on the Rights of Persons with Disabilities (DOCX)

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