Government Ignores Existence of Disabled People

Dan Moskovitz (he/him)

A Salient investigation has found that disabled people were neither consulted nor considered when the government moved to repeal the Plain Language Act (PLA), a law designed to ensure public information is accessible and easy to understand. 

The legislation, introduced in 2022, required government agencies to provide plain language officers, staff training and report on their progress to the Public Service Commission (PSC). 

After taking office, the National Party moved swiftly to scrap the measure, arguing that it imposed unnecessary bureaucracy. But for many in the disabled community, the law served a vital purpose. 

“Neurodivergent people often struggle with how to interpret laws and regulations, and plain language makes them much more accessible,” said Hope Cotton, president of Victoria University of Wellington’s Disabled Student’s Association.

“Many intellectually disabled people also rely on the PLA to make laws and government forms accessible,” she added. “Furthermore, disabled and chronically ill people interact with the government looking for funding for healthcare, medication, accessibility tools and benefits more often than the average Joe.”

“I can’t tell you how many hours I’ve wasted trying to get the medication I need funded.”

Cotton said the repeal runs counter to New Zealand’s commitments under the United Nations Convention on the Rights of Persons with Disabilities.  

The DSA is not alone in its criticism. Multiple advocacy groups across the country have voiced concern that the repeal will make government communication less accessible to those who need it the most. 

Despite this, documents obtained under the Official Information Act show that advice provided by the PSC to government ministers made no mention of the law’s impact on disabled people. Nor were there any emails or communications within the PSC discussing this issue. 

The PSC did not respond to questions from Salient in time about why disabled about why disabled people were not consulted or mentioned. 

Even Whaikaha—the Ministry of Disabled People—appears to have been blindsided by the act’s repeal.

“We just saw the Plain Language Act is being repealed, but I don’t think we were consulted on the proposals,” wrote Amber Coyle, a ministry official, in an April 2 email to the PSC. “Do you think you could put us in touch with the team advising on this?”

By then, the repeal bill had already passed its first reading in Parliament—on April 1.

Whaikaha told Salient that subsequent conversations with the PSC occurred over the phone. No records of these discussions exist. 

Labour MP Priyanca Radhakrishnan, the party’s spokesperson on disability issues, said the government’s choice to use its time and resources on the repeal was shameful. 

“It’s very sad to have a government which thinks making democracy accessible is a waste of time,” she said. 

The repeal bill is currently before Parliament’s Governance and Administration select committee. According to Radhakrishnan, more than 9,000 public submissions have been received, which were overwhelmingly opposed. 

The committee is due to report back in October. Radhakrishnan said she hopes it will recommend that parliament reject the appeal. 

PSC Minister Judith Collins defended the government’s position in a statement to Salient. She considered it “the responsibility of every public servant to communicate using clear, easy-to-comprehend language,” and that repealing the act did not prevent this.