Human Rights Act 1993, ss 44, 52

Access to transport is a critical issue for disabled people so that they can participate equally in life and society – getting to work, study, shops, public meetings and events, and so on. This area, as with access to other activities and services, is governed by the anti-discrimination laws in the Human Rights Act 1993. Those laws require transport operators, like bus, train, taxi and airline companies, to make “reasonable accommodations” so that disabled people have equal access to the services these companies provide.

Note: In 2005, the Human Rights Commission completed a major inquiry into access to transport, using its powers under the Human Rights Act. The Commission’s report, “The accessible journey: Report of the inquiry into accessible public land transport”, is available at www.hrc.co.nz/your-rights/people-disabilities/our-work/accessible-journey

Requirements for urban buses in New Zealand (2014), sections 2.5, 3, 6

The government has set some disability access requirements for urban buses, as a common national standard that local councils have to meet if they want to get central government funding for their bus services. The main requirements include the following:

• Getting onboard – All buses should kneel and allow wheelchair access:
  • all buses must be able to kneel, and there should be a sign saying: “This bus kneels on request”. When the bus is kneeling, the first step should be no higher than 30 centimetres above the ground
  • buses have to allow wheelchair access through the front door. The door must be at least one metre wide, and also be “double-leaf” (in two parts that move to the sides). There must be a wheelchair ramp (of the flip-over type) that is put in place and then removed by the bus driver when you ask for this. This ramp should be non-slip. The rear door on the bus doesn’t have to allow for wheelchair exit.
• Priority seating – The priority seating area, which is usually just behind the front bus wheel arches, provides space for a wheelchair user and seating for people with physical, sensory or cognitive impairments, including people with guide dogs (and also for parents/caregivers with children, whether or not they have a pram or stroller).
  • there must be at least four seats, preferably all forward-facing
  • there must be a separate space designed for a wheelchair and user, at least 0.8 by 1.3 metres. The wheelchair should preferably be rearward-facing
  • there must be signs that tell other passengers that this priority seating area is for disabled people, older people and parents with children.
• Floors – All floors should be non-slip, but especially in the entry and exit door areas (including the wheelchair ramp), and the areas designed for wheelchair users and priority seating. The floor surface in those areas should also be in an easily seen, contrasting colour to the rest of the bus floor. Also, the floor must be completely flat from the front entry area all the way to the back of the priority seating area.

The law also says you can take your assistance dog with you on public transport: see below, “Assistance dogs (‘disability assist dogs’)”.

Note: Some technical requirements for buses and other passenger vehicles that have special disability equipment are set out in the Land Transport Rule: Passenger Service Vehicles 1999 (in section 8).

Human Rights Act 1993, ss 44, 52

Airlines, like land transport operators, have to make reasonable accommodations to provide equal access to disabled people. See the case study earlier in this section (“Example: Who pays if you need extra oxygen as an air traveller?”) where a high-level New Zealand Court discussed exactly what “reasonable accommodation” meant in that case.

The Total Mobility scheme pays some of the cost – up to half, depending where you live – of getting taxis or special mobility transport for door-to-door transport. The scheme is run by regional councils and is funded by councils and the central government. The scheme is for people with long-term impairments and is there to help meet their daily needs and help them participate in their communities.

The Total Mobility scheme provides you with vouchers or electronic cards that pay some of the cost (up to half) of the normal fares. The level of the subsidy is set by the relevant regional council (or by Auckland Transport in the Auckland region).

Not all taxi companies will necessarily honour your electronic card or vouchers, so you should check with the transport company about this when you book your trip with them.

There is an appeals process if you are turned down for the Total Mobility scheme, but you believe you qualify for it.

For more information about the Total Mobility scheme, go to www.nzta.govt.nz/resources/total-mobility-scheme

As an example, here’s how the Total Mobility scheme works in Wellington:

• Taxi companies like Wellington Combined Taxis, Hutt and City Taxis, Porirua Taxis and Kiwi Cabs participate in the scheme, as well as some specialist operators like Driving Miss Daisy.
• Most of the participating operators have wheelchair hoists.
• The scheme pays half of the fare, up to a maximum subsidy of $40.

You’ll need to fill out an application form. If you have a permanent impairment or medical condition, you’ll apply for a long-term permit, which lasts for five years. The permit will be issued to you personally and can’t be used by anyone else. You’ll have to apply to get it renewed when the five years is up.

The first time you apply for a long-term permit you’ll need to get a doctor to confirm that you qualify for the permit – but you don’t need to do this when you come to renew the permit.

Short-term permits can also be issued for between three months and one year.

To apply for a permit, or to get more information, go to www.ccsdisabilityaction.org.nz/mobility-parking/applications-and-renewal

The mobility permit is only for when you want to park and get out of the vehicle (although other people – your driver for example – can wait in the car for you while you’re going to wherever you need to go). If you (the permit holder) just want to stop the car for a while and stay in it, you’ll need to park in a standard car park.

Your disability parking permit doesn’t entitle you to free parking. It also doesn’t allow you to break the rules or park illegally. For example, even if you have a parking permit you still can’t park in places like bus lanes, on broken yellow lines, or in bus stops.

In some areas, the parking permits can also be used to park longer in standard parking spaces than is normally allowed, and there may be other concessions for permit holders. For details about what rules apply in your area, contact your local council, or go to www.ccsdisabilityaction.org.nz/mobility-parking/find-parking