Access Matters Campaign Example Accessibility Bill Produced 2022 by Accessible Formats Service, Blind Low Vision NZ, Auckland. Transcriber's Note If reading this etext on a portable braille device, please note that it is unproofed by touch. $X is used throughout this document to show as yet undetermined dollar values. Page 1 Accessible Aotearoa New Zealand Bill Explanatory note General policy statement Accessible Aotearoa New Zealand Bill Explanatory note General policy statement In 2008, New Zealand signed and ratified the United Nation Convention on the Rights of Persons with Disabilities (UNCRPD). Article 9 of this convention clarifies the principle of accessibility. New Zealand also has other international commitments including but not limited to the UN Declaration on the Rights of Indigenous Peoples (UN DRIP), the UN Convention on the Rights of Older People (UN CROP). This Bill fully implements the UNCRPD and brings New Zealand into line with other countries. The Act is needed to ensure that all businesses, buildings, and services are accessible. Currently one in four New Zealanders continue to be excluded from accessing or fully participating in parts of life that other New Zealanders take for granted. Accessibility means people can live independently and participate fully in all parts of life with dignity. It means all people can access the physical environment, transportation, and facilities and services open or provided to the public. Accessibility also applies to information and communications, including technology and systems. This Act will enable the identification of domains within physical and digital environments where standards shall be set. For the purposes of this bill, a domain could include the built environment, a digital environment, the provision of public information, and any other area prescribed by regulation. Multiple domains may interact within a single environment. For instance, a person with a mobility impairment may be excluded from public transport because of digital barriers that inhibit access to relevant information, or physical barriers that exclude them from accessing or operating a vehicle. The concept of universal design recognizes human diversity, and designs for life scenarios such as pregnancy, childhood, injury, disability and old age. By designing for human diversity, we create things that will be easier for all people to use. Page 2 This Act advances the goals contained in the New Zealand Disability Strategy and the Better Later Life—He Oranga Kaumātua strategy, and the New Zealand Carers Strategy. This Act complements existing current human rights and access legislative frameworks. Over time, the standards developed will provide organisations and businesses with specific expectations and guidance on what they must do to become fully accessible as employers and service providers. It's not easy right now for organisations to know how to become accessible. There is no "one stop shop" for accessibility standards that organisations can consult and implement. Some accessibility guidance exists, but this guidance is not necessarily a mandatory requirement. Without mandatory accessibility standards, accessibility will continue to be inconsistently implemented across Aotearoa New Zealand. Existing laws on "discrimination," "equality before law," and "reasonable accommodation" do not sufficiently support or mandate public and private sector organisations to design accessible websites, provide accessible employment, or deliver accessible goods and services, which enable people with disabilities and other access needs, and society to fully benefit. The Act will over time, establish minimum, domain-specific national standards for accessibility for New Zealanders with disabilities and other access needs. These minimum standards will apply to all areas of New Zealand life and the economy. It will set compliance standards and administrative requirements to enable national standards, and associated penalties for non-compliance, to be developed, implemented and enforced. Standards may be adapted from existing suitable standards from overseas and reviewing domestic accessibility standards that could quickly move to enforceable standards. This also includes ensuring that future legislation or policy decision making maintains the principles and goals set out in this Act. Enforcement of those standards will occur through a notification process with the regulator will have the powers to investigate and provide infringements when a contravention has occurred. This is inline with similar regulators such as WorkSafe New Zealand. The regulator will set appropriate infringements and penalties. Systemic learning is a key part of advocating for systemic change and improving the accessibility system. Various elements of the system which include the notification procedures, reporting, periodic review, information gathering and sharing, and research must work toward systemic learning. Greater focus on information gathering at the mediation and dispute resolution level needs improvement but there is a balance to get right when considering private or confidential information. The Act will initially identify domains within wider environments to organise and identify barriers of which accessibility standards may be set against. This is so the Act will apply to all and that through progressive realization we can work toward a barrier-free Aotearoa New Zealand by 2035. Setting an ambitious goal of 2035 will increase the urgency of this important work and will set a timeline to drive real and effective change. Pages 3-4 Contents Accessible Aotearoa New Zealand Bill Part 1: Preliminary provisions Title Page 2 Commencement Page 2 Interpretations Page 2 Part 2: Removing Barriers for all Part 3: Accessible Aotearoa New Zealand Part 4: Accessibility Standards Part 5: Enforcement Part 6: Administration Schedule 1 Page 9 Page 5 Part 1: Preliminary provisions 1 Title This Act is the Accessible Aotearoa New Zealand Act 2022. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Interpretation In this Act, unless the context otherwise requires,— ACC means the Accident Compensation Corporation continued by section 259 of the Accident Compensation Act 2001 Accessibility standard means a standard made under this act that provides a set of objectives, policies, methods, principles and rules that describe what must be done to be compliant with the Act and who is responsible for doing it. barrier means a negative feature of an environment that causes a disabling experience. Accessibility is all about disabled people being able to access various environments, whether physical, digital or social. An environment is somewhere where a person exists (or a space they wish to occupy). Environments contain different features. Some of these features can be barriers which disable people. designated agency means an agency designated under section 96. disabled people and people with other access needs refers to a group which includes but is not limited to disabled people, older people, carers, parents, the temporarily injured, people with chronic health conditions, people with English as a second language, and any other access needs. dispute means the dispute described in the dispute notice dispute notice means a notice provided for by section 51. mediation agreement means an agreement, whether or not in writing, as to the process by which the mediation is to be conducted, as provided for by section 54. mediator means an impartial third person appointed in accordance with this Part to assist the parties to reach an agreed settlement of the dispute Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act notice means a formal communication provided in writing, or, upon request, in an accessible format. Page 6 notice in response means a notice provided for by section 52. notifiable experience means a disabling experience identified within standards to be within reasonable accommodation to address. party means a person, including a group of persons, whether or not incorporated. personal information has the same meaning as in section 7(1) of the Privacy Act 2020. qualified individual means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires reasonable accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. regulator means, as the case requires,— (a) Accessible Aotearoa New Zealand; or (b) the relevant designated agency relevant accessibility legislation means, as the case requires (a) New Zealand Public Health and Disability Act 2000 settlement agreement means an agreement, whether or not in writing, reached at or after a mediation in settlement of part or all of a dispute. undue hardship means an action requiring significant difficulty or expense taking into account the overall financial capacity of the organisation required to provide reasonable accommodation. working day means any day except Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Waitangi Day, and the day observed as the anniversary day in the locality concerned. 4 Meaning of accessible In this Act, unless the context otherwise requires, accessible means to enable persons with disabilities and people with other access needs to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: (a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; Page 7 (b) Information, communications, and other services, including electronic services and emergency services. 5 Meaning of disability In this Act, unless the context otherwise requires, disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others. 6 Meaning of disabling experience In this Act, unless the context otherwise requires, disabling experience are the experiences of persons with access needs when impeded from full and effective participation in society on an equal basis with others. Some disabling experiences are caused by barriers, for example when a barrier contributes to the impediment. Other disabling experiences are caused by systemic or individual discrimination, or by the failure of the state to provide personal accommodations and supports. 7 Meaning of Environments Accessibility is all about disabled people being able to access various environments, whether physical, digital or social. For the purposes of this bill, an environment is somewhere where a person exists or a space they wish to occupy which may contain different features such as barriers. Environments contain different features. Some of these features can be barriers which disable people. 8 Meaning of Domain Domains are subsets within wider environments useful for organising concepts that enable related features within an environment to be considered together. Domains are defined during consultation as outlined in Section 22. Examples of domains are included in Schedule 1. 9 Meaning of PCBU (1) In this Act, unless the context otherwise requires, a person conducting a business or undertaking (PCBU)— (a) means a person conducting a business or undertaking— i. whether the person conducts a business or undertaking alone or with others; and ii. whether or not the business or undertaking is conducted for profit or gain; but (b) does not include— i. a person to the extent that the person is employed or engaged solely as a worker in, or as an officer of, the business or undertaking: Page 8 ii. a volunteer association: iii. an occupier of a home to the extent that the occupier employs or engages another person solely to do residential work: iv. a statutory officer to the extent that the officer is a worker in, or an officer of, the business or undertaking: v. a person, or class of persons, that is declared by regulations not to be a PCBU for the purposes of this Act or any provision of this Act. (2) In this section, volunteer association means a group of volunteers (whether incorporated or unincorporated) working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association. 10 Meaning of Universal design In this Act, unless the context otherwise requires, Universal design means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. "Universal design" shall not exclude assistive devices for groups of persons with disabilities where this is needed. 11 Purpose (1) The purpose of the Act is to ensure, people with disabilities and other access needs live, work and communicate on an equal basis as all New Zealanders do in accordance with the international obligations of New Zealand under the Convention on the Rights of Persons with Disabilities. (2) New Zealand must be fully accessible by 1 January 2035. (3) The Act is intended for the benefit of all New Zealanders universally and will ensure the conditions for every New Zealander to be able to fully participate in society, have the opportunity to learn, to get a job, and to take part in community and social life. (4) The Act places obligations on the regulator to appoint standards development committees to develop proposed accessibility standards with all stakeholders. Stakeholders refers at a minimum to disabled and older people, representatives and families of both groups, Māori, business (including small business) and government agencies. 12 Embedding Te Tiriti o Waitangi In achieving the purpose of this Act, Te Tiriti o Waitangi is to be embedded in the legislation and through how the legislation is implemented. Accessible Aotearoa New Zealand must ensure a comprehensive knowledge of Te Tiriti o Waitangi, te ao Māori and tikanga Page 9 Māori is a key consideration in how it operates. Particularly allowing for the exercise of Māori rangatiratanga and ensuring equitable outcomes. Part 2: Removing Barriers for all 13 Duty to identify barriers (1) The overarching intention of the Act is to ensure that Aotearoa New Zealand is barrier free by 1 January 2035. (2) In order to fulfil that goal, all New Zealanders may voluntarily identify barriers within reasonable accommodation and notify the regulator or regulated persons or PCBU. (3) The regulator must set processes, plans, and systems to adequately record barriers identified through notification. (4) Regulated agencies, regulated persons, and PCBU's have a duty to notify barriers in line with consultation initiated by the standard development committee appointed by the regulator. (5) Failure to adequately remove barriers identified through standards can result in enforcement and infringement action as per section 77. 14 Duty to notify of disabling experience (1) An individual must, as soon as possible after becoming aware that a notifiable experience arising out of the conduct of the business or undertaking has occurred, ensure that the regulator is notified of the event. (2) A notification under subsection (1)— (a) may be given by telephone or in writing (including by email, or other electronic means); and (b) be made available in an accessible format on request; and (c) must be given by the fastest possible means in the circumstances. (3) For the purposes of subsection (2), a person giving notice by telephone must— (a) give the details of the incident requested by the regulator; and (b) if required by the regulator, give a written notice of the incident within 48 hours of being informed of the requirement. (4) Notice given in writing under subsection (2) or (3) must be in a form, or contain the details, approved by the regulator. (5) If the regulator receives notice by telephone and a written notice is not required, the regulator must give the PCBU— (a) details of the information received; or (b) an acknowledgement of having received notice. Page 10 (6) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X. (b) for any other person, to a fine not exceeding $X. 15 Requirement to keep records (1) A PCBU must keep a record of each notifiable event for at least 5 years from the date on which notice of the event is given to the regulator under section 14. (2) A record kept under subsection (1) must contain the particulars prescribed by regulations (if any). (3) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X: (b) for any other person, to a fine not exceeding $X. Part 3: Accessible Aotearoa New Zealand 16 Accessible Aotearoa New Zealand established This section establishes Accessible Aotearoa New Zealand. 17 Accessible Aotearoa New Zealand is a Crown entity (1) Accessible Aotearoa New Zealand is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004. (2) The Crown Entities Act 2004 applies to Accessible Aotearoa New Zealand except to the extent that this Act and the Schedule expressly provide otherwise. 18 Accessible Aotearoa New Zealand's board (1) The Minister must appoint at least 5, but not more than 9, persons as members of the board. (2) When appointing a member of the board, the Minister must have regard to the need to ensure that Accessible Aotearoa New Zealand has among its members persons who have, collectively, knowledge and experience of, and capability in, the following: (a) lived experience of disability or other access need (b) relevant professional experience (e.g., strategic skills, government and private sector experience) (c) collective comprehensive knowledge of Te Tiriti, te ao Māori, and tikanga Māori, and an undertaking to continue to build that knowledge; Page 11 (d) as far as possible, a range of cultural backgrounds including Pacific, gender balance and the perspectives of young and older people; (e) public sector governance, (f) central government processes, (g) New Zealand's accessibility environment, including barriers, (h) perspectives of disability organisations, (i) perspectives of PCBUs, (j) administration of accessibility and disability legislation and risk management frameworks; and (k) business generally. (3) The Minister may not appoint any member of the board unless the Minister has first publicised an invitation for nominations from interested parties and considered any nominations received. 19 Advisory groups (1) Accessible Aotearoa New Zealand may establish an advisory group: (a) to provide a forum for dialogue and co-operation between the Government, PCBUs, and workers on accessibility matters; and (b) to provide advice to Accessible Aotearoa New Zealand that represents the views of the Government, PCBUs, and workers on accessibility matters. (2) Accessible Aotearoa New Zealand may establish one or more other advisory groups to provide advice to it on matters relating to its functions. (3) An advisory group referred to in subsection (1) or (2) may (but is not required to) be established in accordance with clause 14(1)(a) of Schedule 5 of the Crown Entities Act 2004. (4) Accessible Aotearoa New Zealand is committed to ensuring those with lived experience are represented at all levels throughout the accessibility system. 20 Accessible Aotearoa New Zealand's purpose Accessible Aotearoa New Zealand's main purpose is to promote and contribute to a balanced framework to remove accessibility barriers for all New Zealanders by (a) consulting on standards development by (i) prioritisation in the standards development programme; and (ii) identifying barriers. (b) to receive complaints or notifications about barriers and their effects, (c) to publish reports, (d) to investigate, Page 12 (e) to enter into binding enforceable undertakings with regard to regulated persons and PCBU's and their compliance with standards. (f) advise on the operation of the accessibility system, including co-ordination across the different components of the system: (g) make recommendations for changes to improve the effectiveness of the accessibility system, including legislative changes, (h) monitor and enforce compliance with relevant accessibility and disability legislation, (i) publish information about: (i) its approach to enforcing compliance with relevant accessibility and disability legislation (including where a provision of relevant accessibility and disability legislation overlaps with a provision in another enactment); and (ii) its performance standards for completing investigations in relation to enforcing compliance with relevant accessibility and disability legislation. (j) make recommendations about the level of any funding (including fees or levies) that Accessible Aotearoa New Zealand requires to effectively carry out its functions, (k) develop codes of practice, (l) provide guidance, advice, and information on accessibility to: (i) persons who have duties under the relevant accessibility and disability legislation; and (ii) the public. (m) promote and support research, education, and training in accessibility, (n) collect, analyse, and publish statistics and other information relating to accessibility, (o) engage in, promote, and co-ordinate the sharing of information with other agencies and interested persons that contribute to accessibility, (p) foster a co-operative and consultative relationship between persons who have duties under the relevant accessibility and disability legislation and the persons to whom they owe duties and their representatives in relation to accessibility: (q) promote and co-ordinate the implementation of accessibility initiatives by establishing partnerships or collaborating with other agencies or interested persons in a coherent, efficient, and effective way, (r) review accessibility standards every four years, and establish review periods for accessibility plans. Page 13 (s) perform or exercise any other functions or powers conferred on Accessible Aotearoa New Zealand by or under any other enactment, (t) perform any additional function that the Minister directs under section 112 of the Crown Entities Act 2004. Page 14 Part 4: Accessibility Standards Development 21 Accessibility standards (1) Accessible Aotearoa New Zealand is mandated to contribute to the realisation of a barrier free New Zealand, on or before January 1, 2035, through, among other things, (a) The development and revision of accessibility standards (b) Consultation and co-design with designated agencies, disabilities' organisations, disabilities' advisory groups, and (c) the recommendation of accessibility standards to the Minister; (d) the provision of information, products and services in relation to the accessibility standards that it has developed or revised; (e) the promotion, support and conduct of research into the identification and removal of barriers and the prevention of new barriers; and (f) the dissemination of information, including information about best practices, in relation to the identification and removal of barriers and the prevention of new barriers. (g) the review of best practice existing overseas standards may be adapted to the New Zealand context, and the review of domestic accessibility standards or guidance that could be quickly made into an enforceable standard. (h) Establishing non-enforceable standards through regulation as per section 26 (i) Recommending the establishment of enforceable standards to the Minister. (j) Reviewing standards four years from enactment 22 Identifying domains (1) The regulator shall conduct a consultation process to identify appropriate domains which includes (a) Organisations or individuals chosen by Māori to represent Tangata Whenua (b) Accessibility Advisory Group (c) Organisations representing people with disabilities and other access needs, (d) Designated agencies, (e) and other stakeholders (2) Domains shall be identified with the intention of setting accessibility standards in line with the standard development process. (3) Accessible Aotearoa New Zealand shall set a priority list of domains Page 15 listed in schedule 1 which may be updated by regulation as per section 26. 23 Standard Development Process (1) The regulator shall conduct a consultation process to identify barriers within domains set in schedule 1, with the intention of appointing standard development committees. (2) Consultation shall include (a) Organisations or individuals chosen by Māori to represent Tangata Whenua (b) Accessibility Advisory Group (c) Organisations representing people with disabilities and other access needs, (d) Designated agencies (e) and other stakeholders (3) Once consultation is complete the regulator shall appoint standards development committees as per section 24. (4) Standard development committees shall identify barriers within their domains and recommend the establishment of accessibility standards. (5) The regulator shall recommend to the Minister accessibility standards that are non-enforceable, with set review periods to review whether they should be made enforceable, and enforceable standards. 24 Standards development committees (1) Accessible Aotearoa New Zealand shall appoint standards development committees to develop proposed accessibility standards which shall be considered for adoption by regulation. (2) Standards development committees shall be appointed within 6 months after the date on which the Act comes into effect. (3) Every standards development committee must consist of, but not limited to— (a) Individuals with disabilities and other access needs who shall constitute at least one half of the total members; and (b) Representatives from organisations that represent disabled people and people with other access needs; and (c) Representatives from service providers for disabled people and people with other access needs; and (d) Representatives of PCBU's; and (e) Representative from the relevant designated agencies. (f) Any subject matter experts relevant to the domain. 25 Purpose of the accessibility standards The standards shall endeavor to achieve the following purposes— (a) To design and build an environment that is accessible by all Page 16 New Zealanders for now and the future. (b) To meet the demands of the ageing population. (c) To promote awareness of accessibility issues, and to train and disseminate knowledge about making buildings more accessible. (d) To depart from the minimum standards approach adopted in existing accessibility standards. (e) To prioritise accessibility when access requirements are in conflict with short-term economic sustainability. (f) To increase awareness of the economic benefits of accessibility for businesses. (g) To reduce the need for those disadvantaged to resort to bringing a discrimination action under the Human Rights Act 1993. (h) To ensure that services meet the needs of disabled people and people with access needs and are compatible with their assistive devices and services animals. (i) To ensure services respect dignity and independence. (j) To implement principles of universal design. (k) To prevent public monies being used to create barriers for disabled people and people with other access needs 26 Regulations Subject to this Act, regulations may be made for— (a) defining, for the purposes of this Act, any term that is used but not defined in this Act. (b) designating areas for the purposes of paragraph (c). (c) establishing standards intended to remove barriers and to improve accessibility in the areas referred to in section 8. (d) imposing obligations or prohibitions on regulated entities for the purpose of identifying or removing barriers or preventing new barriers. (e) specifying the form in which the accessibility plans required by section 101 are to be prepared and the manner in which they are to be published. (f) respecting the feedback process required by section 102 (g) specifying the form and manner in which descriptions of the feedback process required by section 102 are to be published; (h) specifying the form in which progress reports required by section 102 are to be prepared and the time and manner in which they are to be published; (i) respecting the records, reports, electronic data or other documents that are required to be prepared, retained or provided by regulated entities and (j) the time, manner or place in which they are to be prepared and retained, or Page 17 (k) the time, manner or form in which they are to be provided; (l) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document referred to in this Act or regulations made under this subsection; (m) respecting the circumstances under which reviews under section 77 are to be oral or in writing; (n) exempting, on any terms that are specified in the regulations, in whole or in part, any of the following, or any class of the following, from the application of all or any of Part 2 or all or any provision of regulations made under this subsection: (i) a designated agency, (ii) a built environment, (iii) an object, (iv) a work, undertaking or business that is within the legislative authority of Parliament, (v) an activity conducted by a designated agency, and (vi) a location; and (vii) prescribing anything that is to be prescribed by any of Part 2. 27 Distinguishing (1) Regulations made under subsection (25) may distinguish among different regulated entities. (2) A standard established in regulations made under paragraph (25)(c) may be general or specific in its application and may be limited as to time and location. Page 18 Part 5: Enforcement 28 Meaning of notice In this Part, notice, unless the context otherwise requires,— (a) means any of the following notices issued under this Act: (b) an improvement notice. (c) includes a subsequent notice. Subpart 1—Enforcement measures: Improvement notices 29 Power to issue improvement notices (1) This section applies if an inspector reasonably believes that a person— (a) is contravening a provision of this Act or regulations; or (b) is likely to contravene this Act or regulations. (2) The inspector may issue an improvement notice requiring the person to— (a) remedy the contravention; or (b) prevent a likely contravention from occurring; (c) remedy the things or activities causing the contravention or likely to cause a contravention. 30 Content of improvement notices (1) An improvement notice must state (a) that the inspector believes the person— (i) is contravening a provision of this Act or regulations; or (ii) is likely to contravene this Act or regulations; and (b) the provision the inspector believes is being, or is likely to be, contravened; and (c) briefly, how the provision is being, or is likely to be, contravened; and (d) a reasonable period within which the person is required to remedy— (i) the contravention or likely contravention; or (ii) the things or activities causing the contravention or likely to cause a contravention. (2) An improvement notice may include recommendations concerning— (a) the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates: (b) the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. Page 19 31 Compliance with improvement notices (1) A person who has been issued with an improvement notice must comply with the notice within the period specified in the notice. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X: (b) for any other person, to a fine not exceeding $X. (3) It is not an offence to fail to comply with recommendations in an improvement notice. 32 Extension of time for compliance with improvement notices (1) This section applies if a person has been issued with an improvement notice. (2) An inspector may, by written notice given to the person, extend the compliance period for the improvement notice. (3) However, the inspector may extend the compliance period only if the period has not ended. (4) In this section, compliance period— (a) means the period stated in the improvement notice under section 30; and includes any extension of that period under this section. General provisions 33 General provisions relating to notices (1) A notice must be in writing. (2) A notice may be addressed to any person under the person's legal name or usual business name or style. 34 Changes to notice by inspector An inspector may make minor changes to a notice— (a) for clarification; or (b) to correct errors or references; or (c) to reflect changes of address or other circumstances. 35 Regulator may vary or cancel notice Except as provided in section 33, a notice issued by an inspector may be varied or cancelled only by the regulator. 36 Formal irregularities or defects in notice A notice is not invalid merely because of— (a) any defect, irregularity, omission, or want of form in the notice unless the defect, irregularity, omission, or want of form causes or is likely to cause a miscarriage of justice; or (b) a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 29. Page 20 37 Issue of notice (1) A notice may be issued to a person— (a) in their preferred, accessible format, or be able to be made available into that format on request. (b) by delivering it personally to the person; or (c) by sending it to the person— (i) by post to the person's usual or last known place of residence or business; or (ii) by electronic transmission; or (c) by leaving it for the person at the person's usual or last known place of residence or business with a person who appears to be 16 years or over and who appears to reside or work there; or (d) by leaving it for the person in the environment to which the notice relates with a person who is or appears to be in charge of the environment; or (e) in a prescribed manner. (2) Regulations may prescribe the steps a person to whom a notice is issued must take to bring it to the attention of other persons. (3) A notice posted under subsection (1)(b)(i) is to be treated as having been received on the seventh day after the date on which it was posted. 38 Display of notice at a domain by person issued with notice (1) A person to whom a notice is issued must, as soon as practicable, display a copy of the notice in a prominent place at or near the domain, or part of the domain, at which work is being carried out that is affected by the notice. (2) A person must not intentionally remove, destroy, damage, or deface a notice displayed under subsection (1) while the notice is in force. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X: (b) for any other person, to a fine not exceeding $X. 39 Inspector may display notice (1) An inspector who issues a notice under section 46 may, either before or after issuing the notice, display a copy of the notice in a prominent place at or near the domain. (2) A person must not intentionally remove, destroy, damage, or deface a notice displayed under subsection (1) while the notice is in force. (3) A person who contravenes subsection (2) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X: (b) for any other person, to a fine not exceeding $X. Page 21 Subpart 3—Tribunal 40 Appointment of a Tribunal The responsible Minister shall designate a Tribunal for the purposes of this Act within 12 months after the date on which the Act comes into effect. 41 Duties of the Tribunal The Tribunal is established to consider— (a) allegations of contraventions of duties under Part 2 of the Act; (b) appeals filed by any organisation with respect to any fines ordered by an inspector for non-compliance with any standards under the Act; and (c) investigating disputes referred to the Tribunal from the mitigation disputes resolution process, in accordance with provisions in this Act. 42 Powers of the Tribunal (1) In the conduct of an investigation of a complaint, the Tribunal may— (a) summon and enforce the appearance of persons before the Tribunal and compel them to give oral or written evidence on oath and to produce any records and things that the regulator considers necessary to investigate the complaint: (b) administer oaths: (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Tribunal sees fit, whether or not it is or would be admissible in a court of law (d) enter any place—including a conveyance—other than a dwelling-house: (e) converse in private with any person in any place entered under paragraph (d) and otherwise carry out in that place any inquiries that the Tribunal sees fit. (2) The Tribunal is entitled to— (a) order a fine of no more than $X for a positive finding of a contravention under Part 2 of this Act. (b) grant the appeal and lift any fines ordered by an inspector for non-compliance with any standards. (c) dismiss the appeal and uphold the fine ordered by an accessibility director or inspector. 43 Civil proceedings relating to non-compliance with notice (1) On an application by the Tribunal, the District Court may make an order— (a) compelling a person to comply with a notice; or Page 22 (b) restraining a person from contravening a notice. (2) The court may make an order— (a) under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a notice: (b) under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a notice. (3) The court may make an order under subsection (1)— (a) whether or not proceedings have been brought for an offence against this Act or regulations in connection with any matter in relation to which the notice was issued; and (b) whether or not the compliance period for the notice has expired. Appeal to District Court 44 Application for appeal (1) An eligible person may appeal to the District Court against an appealable decision on the grounds that it is unreasonable. (2) The appeal must be lodged within 14 days after the day on which the appealable decision first came to the eligible person's notice. (3) On an appeal under subsection (1), the court must inquire into the decision and may— (a) confirm or vary the decision; or (b) set aside the decision; or (c) set aside the decision and substitute another decision that the court considers appropriate. Subpart 4—Investigations and Complaints: Filing of Complaint 45 Right to file complaint (1) Any individual that has suffered physical or psychological harm, property damage or economic loss as the result of—or that has otherwise been adversely affected by—a contravention by a regulated entity of any provision of regulations made under section 101 may file with the regulator a complaint that is in a form acceptable to the regulator. (2) The regulator must provide a written notice of a complaint to be served on the regulated entity against which the complaint was made. Investigations 46 Power to conduct investigation (1) The regulator may investigate a complaint filed under section 45 unless it appears to the regulator that— Page 23 (a) the complainant ought to exhaust grievance or review procedures otherwise reasonably available; (b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act other than this Act; (c) the complaint is beyond the jurisdiction of the regulator; (d) the complaint is trivial, frivolous, vexatious or made in bad faith; or (e) the complaint is based on acts or omissions the complainant became aware of more than one year, or any longer period of time that the regulator considers appropriate in the circumstances, before the filing of the complaint. (2) The regulator must give written notice advising of whether or not he or she has decided to investigate a complaint to be served on the complainant and the regulated entity against which the complaint was made. 47 Time and manner for application for review (1) If the regulator's decision is that the complaint will not be investigated, the notice must specify the time within which and the manner in which an application may be made for a review of the decision. (2) If the regulator is of the opinion that two or more complaints involve substantially the same issues of fact, he or she may conduct a joint investigation into the complaints. 48 Discontinuance of investigation (1) The regulator may discontinue the investigation of a complaint if he or she is of the opinion that— (a) there is insufficient evidence to pursue the investigation: (b) any of the circumstances mentioned in paragraphs 46(1)(a) to (e) applies; or (c) the matter has been resolved—by means of a dispute resolution mechanism or otherwise—by the complainant and the regulated entity. (2) The regulator must inform the complainant and the regulated entity to be served with written notice of the discontinuance of the investigation that sets out the reasons for the discontinuance and that specifies the time within which and the manner in which an application may be made for a review of the decision to discontinue the investigation. 49 Complaint dismissed (1) At the conclusion of an investigation, the regulator must dismiss the complaint if he or she finds that the complaint is not substantiated. (2) The regulator must cause the complainant and the regulated entity to be served with a written notice of the dismissal of the complaint that sets out the reasons for the dismissal and that specifies the time within which and Page 24 the manner in which an application may be made for an appeal of the decision to dismiss the complaint. 50 Complaint substantiated (1) If, at the conclusion of an investigation, the regulator finds that the complaint is substantiated, he or she may order the regulated entity to do one or more of the following— (a) take the appropriate corrective measures specified in the order: (b) make available to the complainant, on the first reasonable occasion, the rights, opportunities or privileges that were denied to the complainant as a result of the contravention to which the complaint relates: (c) pay compensation to the complainant for any pecuniary or other that they were deprived of and for any or all of the expenses incurred by the complainant as a result of the contravention: (d) pay compensation to the complainant for any or all additional costs of obtaining alternative goods, services, facilities or accommodation, and for any or all of the expenses incurred by the complainant, as a result of the contravention: (e) pay compensation to the complainant in an amount that is not more than the amount referred to in subsection (2) for any pain and suffering that the complainant experienced as a result of the contravention: (f) pay to the complainant an amount that is not more than the amount referred to in subsection (2), if the regulator determines that the contravention is the result of a willful or reckless practice. (2) The amount, for the purposes of each of paragraphs (1)(e) and (f), is— (a) for the calendar year during which subsection (1) comes into force, $X; and (b) for each subsequent calendar year, the amount that is equal to the product obtained by multiplying— (i) the amount determined under this subsection for the preceding calendar year (3) The regulator must endure the complainant and the regulated entity to be served with a copy of the order made under subsection (1) and a notice that specifies the time within which and the manner in which an application may be made for an appeal of the order. Page 25 Subpart 6—Resolution of disputes: Procedural requirements for mediation 51 Dispute notice (1) A party to a dispute with the regulator may serve a dispute notice on the regulator. (2) The dispute notice must nominate at least 3 mediators. (3) A dispute notice must— (a) state that it is served under this Part; and (b) state the nature of the dispute and give a brief description of the subject matter of, and the parties to, the dispute; and (c) describe where and when the dispute arose; and (d) set out the names and contact addresses of the parties; and (e) state that the party issuing the dispute notice wishes the dispute to proceed to mediation; and (f) provide the full name and contact address of the party or person serving the dispute notice. 52 Notice in response (1) Each party named in a dispute notice served under section 51 must, not later than 10 working days after receiving the dispute notice, serve a notice in response on— (a) the party that served the dispute notice; and (b) every party named in the dispute notice. (2) A notice in response must state— (a) that the notice in response is served under this Part; and (b) whether the party serving the notice in response agrees— (i) with the description of the dispute set out in the dispute notice; and (ii) that the dispute notice correctly identifies the parties to the dispute; and (iii) that the dispute may be mediated; and (iv) which, if any, of the mediators nominated in the dispute notice are acceptable to the party responding. (3) A party responding to a dispute notice may propose 1 or more alternative mediators. 53 When mediation must proceed (1) A dispute must proceed to mediation as soon as is reasonably practicable after all notices in response have been served under section 115, as long as the parties agree— (a) that the dispute should be mediated; and (b) on a mediator; and (c) on a procedure for the mediation. Page 26 (2) If each party agrees that the dispute should proceed to mediation, but they do not agree on a mediator, the parties must— (a) jointly request that a mediator be appointed by an appropriate person; and (b) as soon as is reasonably practicable, proceed to mediation before the appointed mediator. Mediation agreement 54 Requirement for mediation agreement as to procedure The mediator and the parties must, within 20 working days after the mediator has been agreed under section 51 or appointed under section 53, agree on the procedure for the mediation, which may include agreements on the following matters: (a) who has the authority to represent and bind the parties: (b) who may attend the mediation, including legal counsel and experts: (c) requirements as to confidentiality and privilege in respect of the mediator, the parties, and any other persons attending the mediation, including who may be informed about any confidential matter: (d) how the costs of the mediation are to be met: (e) whether the mediator may engage an expert assessor for a stated or any other purpose: (f) exclusion of liability for the mediator: (g) disclosure of conflict of interest by the mediator: (h) how the mediation agreement may be terminated: (i) any other matter that, having regard to the nature of the dispute, the mediator and the parties agree is appropriate to best meet the needs and interests of the parties. 55 General approach to mediation process (1) The mediation process must consider and deal with a dispute in a timely, accessible, culturally safe, and competent manner and, in particular, in a way that— (a) is consistent with the principles of Te Tiriti o Waitangi; and (b) has regard to appropriate tikanga Māori; and (c) upholds the mana of the parties to a dispute; and (d) Is accessible to all potential users, including the provision of information in an individual's preferred accessible format, or be able to be made available into an individual's preferred format on request.; and (e) that appropriate actions are taken to maintain impartiality, independence, and mitigate the impacts where impartiality could be compromised Page 27 (f) where appropriate, has regard to the specific cultural needs or circumstances of the parties in the dispute resolution process; and (g) encourages the parties to work towards a shared understanding of the dispute and a mutually agreed solution; and (h) prioritises and maximises the use of consensual methods to resolve the dispute, unless those methods are not appropriate for resolving the dispute; and (i) promotes restorative justice between the parties and is consistent with the principles of natural justice; and (j) for consensual methods, is on a without prejudice basis; and (k) for adjudication, takes the views of the parties into account in deciding measures to resolve the dispute. (l) Provides information in accessible formats on request (m) Considers reasonable accommodation (2) The mediators and practitioners— (a) must act in a way that is fair and reasonable in all the circumstances; and (b) must have regard to the general law, the relevant best practice, and the code. 56 When mediation cannot proceed (1) A mediation of a dispute cannot proceed if— (a) a party on whom a dispute notice is served under section 51 does not serve a notice in response in accordance with section 52; or (b) a mediation agreement is not agreed in accordance with section 54; or (c) at any time, in relation to 1 party to the dispute, that party gives notice of his, her, or its withdrawal from the mediation. (d) either party has not been given an adequate opportunity to resolve the dispute: (e) the dispute has been dealt with in another forum, unless new evidence or other information has come to light that the mediator believes on reasonable grounds should be considered: (f) the dispute is being dealt with in another forum, unless the student claimant withdraws the dispute from the other forum: (g) the dispute would be more appropriately dealt with by a court, a tribunal, or another appropriate authority: (h) the dispute has been previously dealt with under the scheme, unless new evidence or other information has come to light: (i) the claim is trivial, frivolous, or vexatious: (j) as a result of a delay in lodging the dispute, it is no longer possible to obtain sufficient evidence or other information for resolution of the dispute under the scheme. Page 28 (2) However, if a party to a mediation gives notice of withdrawal, that does not prevent other parties to the mediation from agreeing to enter into a new mediation agreement. 57 Support for parties in mediation of dispute (1) The parties to the dispute must have the ability to have the following people in attendance during the mediation process: (a) an advocate: (b) a support person or persons. (2) The mediation must make the following accommodations (a) provide the opportunity for Te Reo Māori or New Zealand sign language to be used in the dispute resolution process. (b) provide information in an accessible format on request (c) provide a means to communicate in a preferred format 58 Disputes may be combined The mediator may, after taking into account the views of the parties, combine disputes for single resolution when the mediator considers that it is sensible to do so. 59 Confidentiality, privilege, and costs (1) Except as required by law or unless otherwise agreed in the mediation agreement, the matters discussed, raised, agreed, admitted, or determined in, or in the course of, a mediation— (a) must not be disclosed by the parties, the mediator, or persons attending the mediation; and (b) are not admissible in a court, tribunal, or other forum or before a person acting judicially, unless for the purpose of enforcing a settlement agreement. (2) A breach of the confidentiality required by subsection (1)(a) is a breach of an essential term of the settlement agreement. (3) The parties must— (a) meet their own costs and expenses in relation to the mediation; and (b) pay on an equally shared basis the fees and expenses of the mediator. Settlement agreement 60 Resolution of dispute (1) If a resolution is reached on the whole or part of a dispute as a result of, or in the course of, a mediation, the terms of the settlement must be recorded in a settlement agreement. (2) A settlement agreement is binding on the parties. (3) A party may enforce the settlement agreement by way of proceedings in a court of competent jurisdiction. Page 29 Jurisdiction of courts and tribunals 61 Tribunal proceedings and enforcement action (1) If a dispute notice is served under section 51 no party may commence or continue proceedings in any court or tribunal in relation to any matter related to the dispute described in the dispute notice until— (a) the steps required by sections 54 and 55 have been completed; and (b) the mediation agreement has been terminated. (2) However, subsection (1) does not prevent a party from applying to a court for— (a) orders to preserve that party's position pending the resolution of the dispute under this Part; or (b) a stay of proceedings commenced or continued in breach of subsection (1). (3) The mediator may, after taking into account the views of the parties, decide at any time to refer the parties to the disputes Tribunal if the mediator is satisfied that consensual methods are not working. Resolving accessibility issues 62 Resolution of accessibility issues If an issue about accessibility arises in a within a domain, the parties to the issue (including any representative of the parties) must make reasonable efforts to achieve a timely, final, and effective resolution of the issue. 63 Regulator may appoint inspector to assist parties in resolving issues (1) This section applies if a work accessibility issue has not been resolved after reasonable efforts have been made under section 62 to achieve a resolution of the issue. (2) A party to the issue may ask the regulator to appoint an inspector to assist the parties in resolving the issue. (3) If the regulator agrees to appoint an inspector, the inspector may, after providing assistance to the parties in accordance with subsection (2), decide the issue if it is of a type specified in regulations. Subpart 4—Enforceable undertakings 64 Regulator may accept enforceable undertakings (1) The regulator may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or regulations. Page 30 (2) The regulator must not accept an enforceable undertaking under subsection (1) if the regulator believes that the contravention or alleged contravention would amount to an offence against section 31. (3) The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates. 65 Notice of decision and reasons for decision (1) The regulator must give the person seeking to make an enforceable undertaking written notice of— (a) its decision to accept or reject the undertaking; and (b) the reasons for the decision. (2) The regulator must publish, on an accessible platform that provides information in digital and non-digital formats, maintained by or on behalf of the regulator, notice of a decision to accept an enforceable undertaking and the reasons for that decision. 66 When enforceable undertaking is enforceable An enforceable undertaking takes effect and becomes enforceable when the regulator's decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the regulator. 67 Compliance with enforceable undertaking (1) A person must not contravene an enforceable undertaking given by that person that is in force. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X: (b) for any other person, to a fine not exceeding $X. 68 Contravention of enforceable undertaking (1) The regulator may apply to the District Court for an order if a person contravenes an enforceable undertaking. (2) If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders: (a) an order directing the person to comply with the undertaking: (b) an order discharging the undertaking. (3) In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the regulator— (a) the costs of the proceedings; and (b) the reasonable costs of the regulator in monitoring compliance with the enforceable undertaking in the future. Page 31 (4) This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations to which the enforceable undertaking relates. 69 Withdrawal or variation of enforceable undertaking (1) A person who has given an enforceable undertaking may at any time, with the written agreement of the regulator, (a) withdraw the undertaking; or (b) vary the undertaking. (2) However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations. (3) The regulator must publish on an Internet site maintained by or on behalf of the regulator notice of the withdrawal or variation of an enforceable undertaking. 70 Proceedings for alleged contravention (1) Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be brought against a person if an enforceable undertaking is in effect in relation to that contravention. (2) No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations against a person who—. (a) has made an enforceable undertaking in relation to that contravention; and (b) has completely discharged the enforceable undertaking. (3) The regulator may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed. (4) If the regulator accepts an enforceable undertaking before the proceedings are completed, the regulator must take all reasonable steps to have the proceedings discontinued as soon as practicable. Subpart 5—Reviews and appeals 71 Interpretation In this subpart, unless the context otherwise requires,— appealable decision means any of the following: (a) a reviewable decision, but only if that decision has been subject to internal review and the regulator has made a decision on the review: (b) a decision made by the regulator to issue a notice (including a subsequent notice): (c) a decision made by the regulator to cancel or vary a notice: Page 32 (d) a decision made by the regulator to extend the time to comply with an improvement notice: (e) a decision made by the regulator to stay the operation of a decision to issue a notice: (f) a decision made by the regulator of a type prescribed by regulations for the purposes of this section eligible person, in relation to an appealable decision or a reviewable decision, means a person affected by the decision or that person's representative reviewable decision means a decision made by an inspector— (a) to issue a notice (including a subsequent notice) under this Act; or (b) to extend the time to comply with an improvement notice; or (c) in respect of a provisional improvement notice under section 29; or (d) of a type prescribed by regulations for the purposes of this section. Internal review 72 Application for internal review (1) An eligible person in relation to a reviewable decision may apply to the regulator for review (an internal review) of the decision within— (a) the specified time after the day on which the decision first came to the eligible person's notice; or (b) any longer period that the regulator allows. (2) The application must be made in the manner and form required by the regulator. (3) For the purposes of this section, the specified time is,— (a) for a decision to issue an improvement notice, the period specified in the notice for compliance with the notice or 14 days, whichever is the lesser; and (b) in any other case, 14 days. 73 Decision of regulator (1) The regulator must review the reviewable decision and make a decision— (a) as soon as practicable; and (b) within 14 days after the application for internal review is received. (2) However, the individual who made the reviewable decision must not review the decision. (3) The regulator's decision may— (a) confirm or vary the reviewable decision; or (b) set aside the reviewable decision; or (c) set aside the reviewable decision and substitute another decision that the regulator considers appropriate. (4) The regulator may seek further information from the applicant, and, if it does,— Page 33 (a) the period specified in subsection (1)(b) ceases to run until the applicant provides the information to the regulator; and (b) The applicant must provide the information within the period (not less than 7 days) specified by the regulator in the request for information. (5) If the applicant does not provide the further information within the required time, the regulator may make a decision on the internal review on the basis of the information held by the regulator. (6) If the reviewable decision is not varied or set aside within the period specified in subsection (1)(b), the decision is to be treated as having been confirmed by the regulator. 74 Notice of decision on internal review As soon as practicable after making a decision in accordance with section 73, he regulator must give the applicant in writing— (a) the decision on the internal review; and (b) the reasons for the decision. 75 Stay if reviewable decision on internal review (1) If an application is made for an internal review of a decision to issue a notice, the regulator may stay the operation of the decision. (2) The regulator may stay the operation of a decision— (a) on the regulator's own initiative; or (b) on the application of the applicant for review. (3) The regulator must make a decision on an application for a stay within 3 working days after the regulator receives the application. (4) If the regulator has not made a decision on an application under subsection (2)(b) within the time set out in subsection (3), the regulator is to be treated as having made a decision to grant a stay. (5) A stay of the operation of a decision pending a decision on an internal review continues until the reviewer has made a decision on the review. Subpart 6—Infringement offences 76 Interpretation In this subpart,— infringement fee, in relation to an infringement offence, means the infringement fee for the offence prescribed for the purposes of this section in regulations infringement offence means an offence against this Act or regulations that is declared by regulations to be an infringement offence for the purposes of this Act. Page 34 77 Proceedings for infringement offence (1) A person who is alleged to have committed an infringement offence may either— (a) be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or (b) be served with an infringement notice under section 78. (2) Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957. 78 Infringement notices (1) The regulator may issue an infringement notice to a person if the regulator believes on reasonable grounds that the person is committing, or has committed, an infringement offence. (2) The regulator may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person's last known place of residence or business. (3) An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted. (4) An infringement notice must be in the prescribed form and must contain the following particulars: (a) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and (b) the amount of the infringement fee; and (c) the address of the place at which the infringement fee may be paid; and (d) the time within which the infringement fee must be paid; and (e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and (f) a statement that the person served with the notice has a right to request a hearing; and (g) a statement of what would happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and any other particulars that may be prescribed. (5) If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with all necessary modifications. Page 35 79 Revocation of infringement notice (1) The regulator may revoke an infringement notice issued under section 138 before the infringement fee is paid or an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957. (2) An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked. 80 Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Subpart 10—Inspectors 81 Appointment of inspectors (1) The regulator may, by notice in writing, appoint any of the following as an inspector: (a) a public service employee as defined in section 65 of the Public Service Act 2020: (b) an employee of the State services (within the meaning of the Public Service Act 2020): (c) a statutory officer: (d) a prescribed person: (e) an employee of the regulator: (f) any other person who the regulator is satisfied— (i) is suitably qualified and trained: (ii) belongs to a class of persons who are suitably qualified and trained to exercise any or all of the powers of and carry out any or all of the duties of an inspector under relevant accessibility and disability legislation. (2) An inspector's compliance powers are subject to any conditions or limitations specified in the notice of the inspector's appointment. (3) However, the exercise of a compliance power by an inspector is not invalid merely because it did not comply with the conditions specified in the notice of the inspector's appointment. 82 Identity cards (1) The regulator must give each inspector an identity card that states the person's name and appointment as an inspector; and includes any other matter prescribed by regulations. (2) An inspector must, when exercising compliance powers under this Act, produce his or her identity card for inspection on request. Page 36 (3) A person who ceases to be an inspector must as soon as practicable return the identity card to the regulator. 83 Suspending and ending of appointment of inspectors (1) The regulator may suspend or end the appointment of an inspector at any time. (2) To avoid doubt, a person's appointment as an inspector ends when the person ceases to be eligible for appointment as an inspector. 84 Inspectors subject to regulator's directions (1) An inspector (whether or not an employee) is subject to directions from the regulator that appointed him or her in the exercise of the inspector's compliance powers. (2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter. (3) A failure to comply with a direction under subsection (1) does not invalidate the exercise of an inspector's compliance power. 85 Regulator has powers of inspector The regulator has all the powers that an inspector has under this Act. 86 Powers of entry and inspection (1) Subject to section 86, for the purpose of performing any function of the regulator or an inspector under relevant accessibility and disability legislation, any inspector may, at any reasonable time, enter any workplace or domain— (a) conduct examinations, tests, inquiries, and inspections, or direct a PCBU or a person who is or appears to be accountable for the domain to conduct examinations, tests, inquiries, or inspections: (b) be accompanied and assisted by any other person and bring into the workplace or domain any equipment necessary to carry out the inspector's functions: (c) take photographs and measurements and make sketches and recordings: (d) require the PCBU or a person who is or appears to be in charge of the domain to ensure that the workplace or any place or thing in the domain specified by the inspector is not disturbed for a reasonable period pending examination, test, inquiry, or inspection: (e) require the PCBU or a person who is or appears to be in charge of the domain to— (i) produce information relating to the domain (ii) produce information relating to the PCBU's compliance with relevant accessibility and disability legislation; and Page 37 (iii) permit the inspector to examine and make copies of, or take extracts from, the information: (iv) require the PCBU or a person who is or appears to be in charge of the domain to make or provide statements, in any form and manner that the inspector specifies. (2) An inspector may do any of the things referred to in subsection (1), whether or not— (a) the inspector or the person whom the inspector is dealing with is in the domain; or (b) the PCBU is still a PCBU in respect of the domain; or (c) in respect of any information, the information is— (i) in the domain; or (ii) in the place where the inspector is; or (iii) in another place. (3) Despite subsection (1), an inspector must not enter a defence area except in accordance with a written agreement between the regulator and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force. (4) Despite subsection (1)(e), if all or any part of the information relates to a person's health status and identifies the person, an inspector must not, without that person's consent,— (a) require the production of information; or (b) examine the information; or (c) make a copy of, or take an extract from, the information. (5) Nothing in this section affects the application of section 60 of the Evidence Act 2006. (6) In this section, information includes any document. 87 Power to enter homes (1) Despite section 86 an inspector must not, except with the consent of an occupier or pursuant to a warrant issued under subsection (2),— (a) enter an environment that is, or is within, a home; or (b) enter an environment through a home (2) An issuing officer may, on an application made by an inspector in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home (or part of a home) if he or she is satisfied that there are reasonable grounds to believe that the home— (a) is a workplace or has a workplace within it; or (b) is the only practicable means through which the inspector may enter the domain. (3) A warrant issued under subsection (2) authorises an inspector to exercise only the powers specified in section 86. Page 38 88 Notice of entry (1) If an inspector enters any domain under this Act and is unable, despite reasonable efforts, to find any person in charge, the inspector must before leaving the environment leave a written notice stating— (a) the inspector's identity; and (b) the inspector's contact information; and (c) the date and time of entry; and (d) the inspector's reasons for entering. (2) In this section, contact information includes— (a) the name of the inspector; and (b) 1 or more of the following: (i) telephone number: (ii) email address: (iii) physical or postal address. 89 Duty to assist inspectors (1) Any person on whom a duty is imposed by relevant accessibility and disability legislation must give all reasonable assistance to enable an inspector to enter, inspect, examine, inquire, or exercise any other power under relevant accessibility and disability legislation. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X: (b) for any other person, to a fine not exceeding $X. 90 Immunity of inspectors and persons assisting inspectors or regulator The following persons are not liable in any criminal or civil proceedings for any act done or omitted to be done in good faith in the performance or exercise, or intended performance or exercise, of an inspector's functions or powers under relevant accessibility and disability legislation: (a) an inspector: (b) a person called on to assist an inspector: (c) a person called on to assist the regulator. 91 Offence for failing to provide inspector with correct name and residential address (1) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section 86. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $X. Page 39 92 Notice of entry (1) A person must not, without reasonable cause, hinder or obstruct an inspector in exercising his or her compliance powers, or cause or attempt to cause any other person to do so. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $X: (b) for any other person, to a fine not exceeding $X. 93 Offence to impersonate inspector (1) A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $X. 94 Offence to impersonate inspector (3) A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. Page 40 Part 6—Administration 95 Role of Accessible Aotearoa New Zealand (1) Accessible Aotearoa New Zealand is the regulator for the purposes of this Act. (2) Functions and powers of regulator other than AANZ (3) Subject to its scope of designation, a regulator other than Accessible Aotearoa New Zealand has the following functions under this Act: (a) to monitor and enforce compliance with relevant accessibility legislation: (b) to develop codes of practice: (c) to publish information about— a. its approach to enforcing compliance w94ith relevant accessibility legislation (including where a provision of the relevant accessibility legislation overlaps with another enactment); and b. its performance standards for completing investigations in relation to enforcing compliance with relevant accessibility legislation: (d) to provide guidance, advice, and information on accessibility to— a. persons who have duties under the relevant accessibility legislation; and b. the public: (e) to promote and support research, education, and training in accessibility: (f) to collect, analyse, and publish statistics and other information relating to accessibility: (g) to engage in, promote, and co-ordinate the sharing of information with other regulatory agencies: (h) to foster a co-operative and consultative relationship between persons who have duties under the accessibility legislation and the persons to whom they owe duties and their representatives in relation to accessibility: (i) to promote and co-ordinate the implementation of accessibility initiatives by establishing partnerships or collaborating with other agencies or interested persons in a coherent, efficient, and effective way: (j) to perform any other functions or exercise any other powers conferred on the regulator by or under— a. this Act or regulations; or b. any other enactment. Page 41 Designated agencies 96 Designated agencies (1) The Prime Minister may designate an agency listed in subsection (3) as a designated agency, having regard to the specialist knowledge of that agency. (2) A designation under subsection (1) must be made by notice in the Gazette, the authoritative journal of constitutional record containing official commercial and government notifications that are required by legislation to be published, and must specify the scope of the designated agency's role (scope of designation) by reference to— (a) a particular industry, sector, or type of work or circumstance; and (b) the functions or powers (or both) of the regulator under this Act, or any other enactment, that the designated agency may perform or exercise in respect of the particular industry, sector, or type of work or circumstance. (c) The Gazette must provide the notice in accessible formats (3) The agencies are— (a) the chief executive of a department or departmental agency (within the meaning of section 5 of the Public Service Act 2020): (b) a Crown entity (within the meaning of section 7 of the Crown Entities Act 2004): (c) the Commissioner of Police: (d) the Chief of Defence Force. (4) A designation under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). 97 Role of designated agencies (1) If a designated agency has been given a scope of designation under section 95, Accessible Aotearoa New Zealand or another agency may perform functions or exercise powers under this Act or any other enactment in respect of the scope of designation only if the designated agency has given its consent for Accessible Aotearoa New Zealand or the other agency to do so. (2) A designated agency or its inspectors must not perform any functions or exercise any powers in respect of a matter that is outside its scope of designation unless Accessible Aotearoa New Zealand (or, if relevant, another designated agency) has given its consent for the designated agency to do so. (3) However, a failure to obtain consent under subsection (1) or (2) does not affect the validity of the performance of any function or exercise of any Page 42 power by Accessible Aotearoa New Zealand or another agency or by the designated agency (as the case may be). 98 Designated agency must give effect to joint policy directions (1) Subject to any enactment or rule of law, a designated agency must, in performing functions and exercising powers under this Act or any other enactment, give effect to any joint policy directions given to it by the Minister and the Minister responsible for the designated agency. (2) A direction given under subsection (1) must be in writing and signed by the Ministers. (3) Sections 113 and 115 of the Crown Entities Act 2004 apply to a direction given under subsection (1) subject to— (a) all references to a Crown entity or entity being read as references to a designated agency; and (b) any other necessary modifications. Information sharing 99 Sharing of information between regulator and regulatory agencies (1) Subject to any enactment,— (a) the regulator may provide a regulatory agency with any information, or a copy of any document, that it— (i) holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to the relevant accessibility legislation; and (ii) considers may assist the regulatory agency in the performance or exercise of the regulatory agency's functions, duties, or powers under or in relation to any enactment; and (b) a regulatory agency may provide the regulator with any information, or a copy of any document, that it— (i) holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and (ii) considers may assist the regulator in the performance or exercise of its functions, duties, or powers under or in relation to the relevant accessibility and disability legislation. If subsection (1)(a) or (b) applies, the regulator or regulatory agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to— (a) the storage and use of, or access to, anything provided: (b) the copying, returning, or disposing of copies of any documents provided. Page 43 However, if ACC receives any information or document from the regulator under subsection (1), it must not use that information or document in connection with making decisions about cover or entitlements under the Accident Compensation Act 2001. Nothing in this section limits the Privacy Act 2020. This section applies despite anything to the contrary in any contract, deed, or document. 100 Requirement of other regulators to notify AANZ of disabling experience. (1) This section applies if a regulator other than Accessible Aotearoa New Zealand receives a notification of a disabling experience under section 14. (2) The regulator must, as soon as practicable,— (3) supply a copy of the notification to Accessible Aotearoa New Zealand; and (4) advise Accessible Aotearoa New Zealand of whether it intends to investigate the event and, if so, whether the investigation will be carried out under this Act or another enactment. 101 Initial accessibility plan (1) A regulated entity referred to in subsection 9 must, before the expiry of one year after the day fixed or determined by regulations made under section 23 at apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made, an accessibility plan respecting its policies, programmes, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the domains and the environments; (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under this Act, an updated version of its accessibility plan no later than the fifth anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. (3) The regulated entity must notify the regulator, within the time and in the manner prescribed in regulations, of the publication of every version of its accessibility plan. (4) The regulated entity must consult persons with disabilities and people with other access needs, supported by the regulator, in the preparation of its accessibility plan and every updated version of its accessibility plan. (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities and people with other access needs in the preparation of the plan. Page 44 (6) The regulated entity must, within the time prescribed by regulations, make its accessibility plan available in the format prescribed by regulations made under this Act. (7) The regulated entity must take into account the principles set out in this Act when it prepares an accessibility plan or an updated version of its accessibility plan. 102 Establishment of process (1) A regulated entity referred to in section 9 must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity's employees and by other persons that deal with the regulated entity. (2) The regulated entity must publish a description of its process in accordance with regulations made under this Act. (3) The regulated entity must notify the regulator, within the time and in the manner prescribed in regulations made under this Act, of the publication of the description of every version of its process. 103 Progress Reports (1) A regulated entity must prepare and publish, in accordance with this Act and regulations, a progress report respecting its implementation of its accessibility plan. (2) The regulated entity must notify the regulator, within the time and in the manner prescribed in regulations made under this Act), of the publication of its progress report. (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. (6) If a person makes a request for the progress report, the regulated entity must, within the time prescribed by regulations made under this Act, make its progress report available to the person in the format prescribed by regulations made under the part of this Act that is indicated in the request. (7) The request must be made in the form and manner prescribed by regulations made under this Act and must indicate the format prescribed Page 45 by regulations made under that subsection in which the progress report is to be made available to the person making the request. 104 Power to exempt (1) The Minister may, by order, exempt any regulated entity or class of regulated entities, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. (2) The Minister must provide the regulator with a copy of every order made under subsection (1). Page 46 Schedule 1 Examples of domains that are often used, and could also be used in standard development. The regulator will undertake a process to identify domains within environments to organise sets of features will a goal of identifying barriers to set standards to. Multiple domains may interact within a single environment. For instance, a person with a mobility impairment may be excluded from public transport because of digital barriers that inhibit access to relevant information, or physical barriers that exclude them from accessing or operating a vehicle. Standards such as web accessibility standards or public transportation accessibility plans already exist and were set within domains. Other domains could include, but not be limited to; • Housing • Procurement • Employment • Transportation • Digital and information systems • Broadcasting and communication • Educational • Attitudinal • Hospitality • Retail • Customer service • Political and democratic processes • Access to justice processes • Supported decision-making • Health systems • Social support systems and social welfare • Building compliance • Consultation • Justice systems including court processes and non-court processes End of Access Matters Campaign Example Accessibility Bill