Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Bill
Thank you. First of all, Iâd like to acknowledge the member who is in the chair, Ricardo MenĂŠndez March. Iâm guessing it is a very difficultâwell, itâs quite an exciting opportunity for you.
I would like the member to please have an explanation for us in regards to how he came to this legislation, and I would be also particularly interested in the definition of âdisability assist dogâ and why he believes that this is the most appropriate term. Thank you.
Thank you to the member Angie Warren-Clark for the question. So, in terms of the whakapapa of the bill, it all came about last decade when members of the Deaf and disabled community raised the issue of the struggles to access adequate housing due to discrimination that they were facing because they had a disability assist dog. They were working with Mojo Mathers and the late Murray Whittington, who raised the issue of the discrimination that he was facing. Back in 2015, Mojo drafted this bill, and now Iâve had the privilege to carry it through the House.
Why weâre using the language of âdisability assist dogâ is that itâs defined in the Dog Control Act, and what is really clear is that there is rigorous training that occurs in order for these dogs to be certified. I think as submitters have saidâand many of us, actually, have spoken aboutâthese dogs are not pets; they do mahi, and this is why we are linking the definition and sort of drawing on the relationship with whatâs in the Dog Control Act.
Submitters have also raised previouslyâwhich I agree withâissues around the need to ensure that these dogs can behave with the discipline required to enter these public spaces. But it is really clear, as well, that we have measures in the Human Rights Act that prevent discrimination towards disability assist dogs, because to discriminate against a disability assist dog is to prevent certain people from participating in their communities.
Thank you, Mr Chair. To the member in the chair, because Iâm mindful that this is your first time in the chair, Iâm just going to ask a series of questions and then take a seat and let you respondâyou donât have to respond immediately to me. Sorry, Mr Chair, just explaining that.
Iâm particularly interested in the interpretation section of the Human Rights Act, and I wanted you to, I guess, draw out some more information in regards to that. So, in the interpretation section, the meaning provides for âdisability assist dogââthat weâre changing under the Dog Control Act. I wanted you to just talk to the committee in regards to why itâs important that this aspect is discussedâthank youâand why youâve landed on this.
CHAIRPERSON (Ian McKelvie): Order! Can I just remind the member that this is clause 3; the piece you were talking about is in clause 4.
Oh, thank you.
Thank you, Mr Chair. Iâve just got a small question for the member regarding the Human Rights Act and whether he thinks that there could be some conflict between other humans in terms ofâIâll use the scenario that someone perhaps with an allergy to dogs is in a restaurant, say, or a cafe, and someone with a disability assist dog comes in. Do you consider that there is a conflict there, and which person or which animal would have precedence in that scenario?
I thank the member for the question. On that hypothetical, I think part of why having discrimination on the grounds of having a disability assist dog is important is that it could allow, for example, if there was to be a grievance in such a hypothetical situation, for, say, if the disabled person may have to be excluded from a cafe because somebody else had an allergy, they could take that process with the Human Rights Commission. I think thatâs why this is important, because then they can decide as the mediators whether that would be a ground to take it further or to explore how that occurred.
So I think this is the important thing that we currently donât have, right? If there was to be exclusion because of whatever reason, because you had a disability assist dog, currently it would be pretty much impossible to take a complaint to the Human Rights Commission and have that mediation happen. I mean, I donât want to dwell too much on the specifics of that hypothetical, but I do want to speak as to why having this in the Act allows those processes and that mediation to take place, and I think that is a really important component to that.
I think weâre all clearâand submitters were really clearâthat while this is a really important amendment, there will be other steps, such as an information campaign built on things that were discussed, as well as ensuring that people know the processes that they can take regarding the Human Rights Commission when these grievances occur.
Thank you, Mr Chair. The member Ricardo MenĂŠndez MarchâI didnât quite understand what he just explained. If the member can pleaseâsorry, Iâll take this offâ[Removes mask]âlet us know which parts of the Human Rights Act this amends. I know that the general policy statement talks aboutâ
CHAIRPERSON (Ian McKelvie): Order! I think that we need to keep these issues for the next section.
I thought we were doing clause 3.
CHAIRPERSON (Ian McKelvie): Weâre only on the Human Rights Act changesâclause 3.
Sorry, Mr Chair. Iâm asking the member to clarify the changes to the Human Rights Act.
CHAIRPERSON (Ian McKelvie): And those changes are in clause 4.
OK. It says, âThis Act amends the Human Rights Actâ. Iâm talking about that.
CHAIRPERSON (Ian McKelvie): Well, the bill does amend the Human Rights Act, but I think the changes youâre talking about are in the next clause.
OK. All right. Well, perhaps Iâll take a seat and let another member take the opportunity to ask a question.
Clause 3 agreed to.
Clause 4 Section 2 amended (Interpretation)
đŁď¸ Spoke in this debate (4)
- Anahila Kanongata'A-Suisuiki (New Zealand Labour Party â List Member)
- Ricardo MenĂŠndez March (Green Party of Aotearoa / New Zealand â List Member)
- Maureen Pugh (New Zealand National Party â List Member)
- Angie Warren-Clark (New Zealand Labour Party â List Member)