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Health & disability

Chapters in this topic

  • Benefits and compensation: What you're entitled to from Work and Income and ACC
  • Health and disability services: Your rights and how to enforce them
  • Education: Access and learning support for disabled and Deaf students

    • Access to shops, transport and other services

    Protection against discrimination by shops, transport and other businesses

    Human Rights Act 1993, ss 44, 52

    Businesses that provide goods and services to the public, like shops and transport companies, have to make any reasonable adjustments (“reasonable accommodations”) that are needed so that disabled people have access to what they’re providing. This means they can’t refuse to serve you, unless the changes they’d need to make to their business in order to meet your needs would be unreasonable.

    Businesses also can’t treat you less favourably than other people (for example by charging you more), unless it would be unreasonable to expect them to meet your needs while still providing you with the same terms as other people.

    When businesses can refuse to serve you: Exception for professional or health/safety obligations

    Human Rights Act 1993, ss 21B(1), 44, 52

    Businesses can refuse to serve you if this is required or authorised by some other law, as the following example shows.

    Example: If a separate law requires or allows them to refuse you

    Case: [2015] NZHRRT 38

    The Human Rights Review Tribunal decided that a dental technician was justified in refusing to make and fit dentures for a man who was HIV+. This was because the technician was inexperienced and would have been breaching his legal duty to provide services with reasonable care and skill. This justified him, under the exceptions in the Human Rights Act, in considering a prospective customer’s health (and if he could cater to that) in deciding whether to accept them.

    Next Section | Access to transport

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    Disability rights

    Where to go for more support

    Community Law

    Your local Community Law Centre can provide you with free initial legal advice.

    Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

    Auckland Disability Law (ADL) provides free legal services to disabled people associated with their disability related legal issues. ADL is the only specialist disability law community law centre in Aotearoa New Zealand.

    Website: www.aucklanddisabilitylaw.org.nz/
    Email: info@adl.org.nz
    Phone:  09 257 5140
    Text only: 027 457 5140

    Disabled Persons Assembly

    DPA is a pan-disability organisation run by and for disabled people. DPA and its members work with the wider disability community, other disabled persons’ organisations, government agencies, service providers, international disability organisations and the public.

    Website: www.dpa.org.nz
    Email: info@adl.org.nz
    Phone:  04 801 9100
    Facebook: www.facebook.com/dpa.nz.7

    Nationwide Health & Disability Advocacy Service

    The Nationwide Health & Disability Advocacy Service offers free, independent, and confidential advice to support you in resolving issues with health and disability services.

    Website: www.advocacy.org.nz
    Email: advocacy@advocacy.org.nz
    Phone:  0800 555 050

    Le Va

    Le Va is working with Manatū Hauora/Ministry of Health to support Pasifika people with disabilities and their families.

    Website: www.leva.co.nz/our-work/disability-support
    Email: admin@leva.co.nz
    Phone:  09 261 4390
    Instagram: www.instagram.com/Levapasifika
    Facebook:  www.facebook.com/LeVaPasifika

    Te Rōpū Taurima

    Te Rōpū Taurima is a kaupapa Māori service that supports people of all ethnicities with intellectual impairments around New Zealand.

    Website: www.terooputaurima.org.nz
    Email: info@terooputaurima.org.nz

    People First New Zealand

    People First New Zealand is a self-advocacy organisation that is led and directed by people with learning disabilities.

    Website: www.peoplefirst.org.nz
    Email: ask@peoplefirst.org.nz
    Phone:  0800 20 60 70

    Deaf Aotearoa

    Deaf Aotearoa is a national organisation representing the voice of Deaf people, and the national service provider for Deaf people in New Zealand.

    Website: www.deaf.org.nz
    Email: hello@deaf.org.nz
    Phone:  0800 33 23 22
    Freetext:  8223
    Instagram: www.instagram.com/DeafAotearoa
    Facebook: www.facebook.com/deafaotearoanz

    Blind Low Vision NZ (previously called Blind Foundation)

    Blind Low Vision NZ is New Zealand’s main provider of support to New Zealanders who are blind or have low vision.

    Website: www.blindlowvision.org.nz
    Email: generalenquiries@blindlowvision.org.nz
    Phone:  0800 24 33 33
    Instagram: www.instagram.com/BlindLowVisionNZ
    Facebook:  www.facebook.com/BlindLowVisionNZ

    Sign Language video about the courts and justice

    www.youtube.com/watch?v=m9VF9iCkXS4 

    Achieve

    Achieve is a national network established to ensure equal opportunity and access to post-secondary education and training for people with impairments.

    Website: www.achieve.org.nz
    Email: info@achieve.org.nz
    Phone:  03 479 8235

    Inclusive Education

    Inclusive Education provides New Zealand educators with practical strategies, suggestions and resources to support the diverse needs of all learners.

    Website: www.inclusive.tki.org.nz
    Email: inclusive@tki.org.nz

    Government Agencies

    Whaikaha/Ministry for Disabled

    Whaikaha is the Ministry for Disabled People. On the website, it contains information about how to access support and funding and has a directory of advisory services.

    Website: www.whaikaha.govt.nz
    Email: contact@whaikaha.govt.nz
    Phone:  0800 566 601
    Text: 4206
    Communication can also be made through NZ Relay Calls

    Health and Disability Commissioner

    The Health and Disability Commissioner website sets out your rights under the Code of Health and Disability Services Consumers’ Rights and how you can make a complaint to the Commissioner.

    Website: www.hdc.org.nz
    Email: hdc@hdc.org.nz
    Phone:  0800 11 22 33

    To make a complaint online: www.hdc.org.nz/making-a-complaint/make-a-complaint-to-hdc

    Office for Disabled

    The Office for Disabled is administered by a small team from Whaikaha, and works closely with government agencies and the disability sector to make the best decisions for disabled people.

    Website: www.odi.govt.nz
    Email: office_for_disability_issues@whaikaha.govt.nz
    Phone:  0800 566 601

    Ministry of Health Services and Support

    Website: www.health.govt.nz/your-health/services-and-support

    Te Kāhui Tika Tangata/Human Rights Commission

    The Human Rights Commission website provides information about human rights in Aotearoa and outlines how you can make a complaint to the Commission about individual or systemic disability discrimination.

    Website: www.tikatangata.org.nz/ or www.hrc.co.nz
    Email: infoline@hrc.co.nz
    Phone:  0800 496 877 (0800 4 YOUR RIGHTS)

    To make a complaint online, download a complaint form or find out more about the complaints process: www.tikatangata.org.nz/resources-and-support/make-a-complaint

    Privacy Commissioner

    The Privacy Commissioner website provides information about your rights and responsibilities under the Privacy Act 2020 and the Privacy Principles. It also outlines the role of the Privacy Commissioner and how to make a privacy complaint.

    Website: www.privacy.org.nz
    Email: enquiries@privacy.org.nz
    Phone:  0800 803 909

    To make a complaint: www.privacy.org.nz/your-rights/making-a-complaint

    Also available as a book

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