Justice for the family carer claimants
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- Date published:
8:43 am, March 8th, 2018 - 28 comments
Categories: david clark, discrimination, national, same old national, you couldn't make this shit up -
Tags: andrew geddis
This is a subject which needs way more space and words than I can offer. But I thought I should make a few comments about a campaign for justice that has been going on for too long and which needs to be resolved.
I hope the Government acts quickly to finalise is the long standing case involving families wanting to be paid for the extended care they provide for their disabled children.
The legal principle is quite simple but very compelling. Why should the state pay strangers to look after kids with disabilities but not family members who are doing the same work? Isn’t that discrimination on the grounds of family status? Isn’t that discriminating against parents who are completely dedicated to the needs of their children?
Litigation concerning the claim has taken a long time to resolve. It originated in the Human Rights Commission, then went to the High Court and the Court of Appeal. A disgraceful attempt by National to stymie the claim failed and the matter has continued to be litigated. It is now at the crazy stage where health ministry Bureaucrats are making strange assumptions about how long it should take to wipe your kid’s bum.
Andrew Geddis, who deserves a knighthood (unless he is a republican) for his contribution to public discussion of New Zealand jurisprudence, has followed the various cases for many years.
And in his own gentle way he has castigated the last Government for its mean fisted constitutionally offensive attempts to deal with the issue.
Spare me as I am going to have to rely heavily on his elegant summary of the situation.
It started here:
So in 2010, some family caregivers went off to the Human Rights Tribunal and challenged the MoH’s policies on the grounds that these discriminated against them on the basis of their family status; which in turn breaches their rights under the New Zealand Bill of Rights Act, 1990. They won, but the Government appealed the matter to first the High Court, and then the Court of Appeal … where the family members won again. And so, finally, the Government caved and recognised it was going to have to come up with some policy that would deal with the problem.
So far so good. Clearly paying strangers but not family members for providing care for their kids with disabilities discriminated against family members on the basis of their status. You would think that National, supposedly a family supportive party, would agree.
But no. Instead of working out a deal with the families National decided to severely limit the ability of family members from receiving what they could otherwise legitimately expect.
And not only were they going to stop it but they decided to smash the law change through Parliament under urgency. Without the slightest hint of a select committee process. Again from Geddis:
As announced in the budget, that policy takes two forms. First, the Government passed legislation that gives a statutory underpinning to the “family care policy” setting out who will (and who won’t) be paid. This statutory underpinning is in section 70C, and will say:
[When the law kicks in], neither the Crown nor a DHB may pay a person for any support services that are, whether before, on, or after that commencement, provided to a family member of the person unless the payment is permitted by an applicable family care policy …
With this statutory provision in place, the Government will work out with DHBs over time just who will be eligible to be paid (and how much) under the family care policy. At the moment, it looks like only those relatives caring for persons aged 18 or more will be … and spouses looking after each other won’t be. Furthermore, the payment rate looks to be at the level of the minimum wage, which is less than externally contracted carers would get.
So, it’s a policy with a lot of gaps in it (caring for your kids or your spouse still is unpaid labour), and even those family members whom it covers don’t get the same pay rate as strangers coming in to care for their loved ones.
Attorney General Chris Finlayson thought it breached the Bill of Rights. He released a rather rambling opinion which talked about the need for the Government to manage its finances and implying that discrimination was acceptable if the Government was going to meet financial imperatives. Finlayson eventually concluded that the provision was discriminatory which it clearly was. In fact it institutionalized the discrimination. I wonder why it took Finlayson so long to conclude this.
Geddis’s conclusion that he thought National had just broken the constitution seems very appropriate. Thankfully it did not stop the families who are still fighting for justice.
This background article by Kirsty Johnston in the Herald is a must read. After reading it if you still think there is nothing wrong with what is happening there is something wrong with you.
From the article:
Families fighting a 20-year battle to be paid for caring for their disabled loved ones are calling for the government to repeal the law protecting a “discriminatory” care policy.
Legislation enabling the policy, which excludes spouses and parents with younger children from payment, and limits family carers to the minimum wage, was rushed through under urgency by former Health Minister Tony Ryall in 2013.
Outrage ensued not only at the policy, but at the part of the legislation that barred legal challenges by saying families could not take discrimination claims against it to court.
In its pre-election manifesto, Labour said it would repeal the legislation – Part 4A of the NZ Public Health and Disability Act 2000 – and that it would ensure all family caregivers could “provide and be paid for assessed care for their disabled adult family member”.
However, those subject to the policy are fearful that promise may have been forgotten.
Seven families, known as the King plaintiffs, are taking a High Court compensation case against the Government and say even if they are paid for past wrongs, that won’t fix present-day problems.
“It’s not about the money any more,” said tetraplegic Peter Ray, whose wife Rosemary McDonald cares for him unpaid because of a ban on paying spouses. “The system is broken, and that needs to be brought out in the open.”
Geddis has again written about the subject and this gave him a chance to review what had happened in Parliament in 2013. From his article:
Surely now the government would create a new policy that paid family carers on the same basis as non-family carers. Anything else would be discriminatory, and thus unlawful.
But that is not what happened. Instead, in 2013 the government did something the Court of Appeal subsequently described as “traditionally regarded as being contrary to sound constitutional law and convention”. That statement represents a triumph of judicial understatement.
For, in but a single day, the government introduced into Parliament and had enacted into law Part 4A of the Public Health and Disabilities Act. This law effectively permitted it to pay family carers something, but then stopped them from going back before the courts to complain if the government did so in a discriminatory fashion.
Note this legislation did not expressly say that the government could pay family carers in a discriminatory way. Had it done so, the government would have faced immediate political criticism for its decision to treat these ordinary Kiwis in that way.
Instead, the government was able to portray the law as generously giving payments to family carers. It was only later, when the actual details of those payments became apparent, that it became clear how discriminatory they were.
Only certain family members could get paid for their caring work. And they would be paid the bare minimum wage, a far lower rate than non-family carers.
But as the legislation now stopped family carers from returning to the courts to challenge the new policy, the government effectively was able to ignore the law prohibiting it from acting in a discriminatory way. A legal right not to be discriminated against is worth very little if you have no way to enforce it.
And if your feelings of disgust have not already peaked then this recent Radio New Zealand article about the treatment of one of the claimants will surely achieve this. From Catherine Hutton at Radio New Zealand:
Diane Moody, who’s 76, has cared for her severely disabled son Shane Chamberlain for most of his 51 years.
Mrs Moody rejected an offer to pay her for 17 hours a week at the minimum wage and took the Ministry of Health to court, seeking the maximum of 40 hours a week.
Last month, the Court of Appeal ordered health officials reassess her application.
In the revised offer, her paid hours would be 37 a week.
But Mrs Moody said the needs assessment on which the offer is based is flawed, and she will continue to fight for 40 paid hours a week because she cares for her son full-time.
Please MOH. Stop haggling. Just agree to the 40 hours. And backdate it.
There are other problems. As a cost saving measure the person suffering from the disability has to be the employer of their caregiver. Good luck with the HR and tax implications of that. And National not only put in place a discriminatory policy but the roll out did not reach even National’s modest goals. Again from Hutton’s article:
When it was introduced in October 2013, the government estimated the scheme would cost $172 million a year, with 1600 people eligible to receive it. No new money was allocated to run it. Yet in November 2015, just 225 people were receiving Funded Family Care. Only 63 of the 215 were receiving the full 40 hours a week of funding.
It is time for National’s odious law to be repealed and a just and fair resolution reached with the family caregivers. Nothing else would be right. David Clark has asked for options for reforming. He should make this a priority.
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The Government has passed legislation to remove agriculture from the Emissions Trading Scheme (ETS) while Aotearoa’s reputation on climate action plummets. ...3 days ago - Failed boot camp experiment must end
As legislation to set up boot camps passed its first reading, the Green Party urged the Government to abandon this failed policy experiment for the good of our rangatahi. ...3 days ago
- Gender-affirming care must centre evidence and health needs, not political posturing
The Ministry of Health has today released an evidence brief regarding the use of puberty blockers in gender-affirming healthcare, amid moves by the government to limit access. ...3 days ago
- Release: National doesn’t care about manufacturing
The National Government is walking away from our manufacturing sector with constant reports of closures and job losses. ...3 days ago
- Release: David Parker speech – Piketty, Inequality and Climate Change
David Parker's speech from the University of Auckland's forum on Piketty, Inequality and Climate Change in September 2024. ...3 days ago
- Release: Youth mental wellbeing no longer a priority for Child Poverty Minister
Louise Upston has revealed her diminished vision for vulnerable youth against a backdrop of snubbed advice, scrapped priorities, shifted goal posts and thousands more children projected to fall into poverty. ...3 days ago
- Release: National’s lack of climate action taking NZ backwards
National Government’s backward-looking climate policy has seen New Zealand fall seven places on the Climate Change Performance Index to 41 out of 63 countries measured. ...3 days ago
- Release: Simple reason for drop in emergency housing
When the Government says it has reduced the number of people in emergency housing, what it means is it is stopping people from accessing it in the first place. ...4 days ago
- Govt’s child wellbeing strategy ‘shallow and shameful’
The Government is turning its back on children by not only weakening child poverty reduction targets, but also removing child mental wellbeing as a priority focus in their Child and Youth Wellbeing Strategy. ...4 days ago
- Release: A historic win for Samoan communities
Labour warmly welcomes the Restoring Samoan Citizenship Bill as it passes its third reading, before becoming law. ...4 days ago
- Government plan to reinstate live animal exports a “national disgrace”
The Government has taken a giant step backwards by reinstating live animal exports. ...4 days ago
- Pasifika justice as Member’s Bill passes final reading
Teanau Tuiono’s Member’s Bill, the Citizenship (Western Samoa Restoration) Amendment Bill, has passed its third reading and will become law. ...4 days ago
- Release: Minister of Education thinks New Zealand ends at the Bombay Hills
The Minister of Education has shown complete disregard for rural communities and their school bus routes in Question Time today. ...4 days ago
- Economists sound alarm on Government’s slash-and-burn approach
A group of prominent economists has released an open letter to the Government, raising grave concerns about the far-reaching consequences of its fiscal policy. ...4 days ago
- Release: Smoking numbers up under Costello’s watch
National’s repeal of Labour’s smokefree legislation has taken New Zealand further away from achieving a Smokefree 2025 and a smokefree generation. ...4 days ago
- Release: Call for Palestine recognition by NZ, Australian and Canadian MPs
Parliamentarians from Australia, Canada and New Zealand have written an open letter to their respective Prime Ministers calling on them to recognise Palestine. ...4 days ago
- Justice Select Committee opens floor for Treaty Principles submissions
Today, the Justice Select Committee has decided to officially open submissions for the controversial Treaty Principles Bill. ...6 days ago
- Power of the people on full display as hīkoi approaches Parliament
Today, Hīkoi mō te Tiriti arrived in Wellington, with thousands gathering to march in unity against the divisive Treaty Principles Bill. ...6 days ago
- Hypocrisy as Te Whatu Ora contractor bill balloons
Te Whatu Ora’s bill for contracting and consulting staff has ballooned by nearly 20 percent under the National Government, breaking a promise they made during the election campaign to cut contractors. ...6 days ago
- Release: Growing pressure to scrap Section 7AA Repeal Bill
The newly released Section 7AA Repeal Bill's select committee report is further evidence that the Government should scrap it. ...1 week ago
- Government’s move to monetise access to nature a slippery slope
The Green Party is voicing serious concerns over the Government’s proposal to charge for access to public conservation land, released today. ...1 week ago
- Green Party condemns the passage of Treaty Principles Bill
The Green Party condemns the passing of the Treaty Principles Bill at first reading, and is clear that the fight is not over. ...1 week ago
- Stand Up for Te Tiriti
Te Tiriti o Waitangi is our country’s founding document. It forms the basis of the relationship between Māori and the Crown – and the Aotearoa New Zealand we live in today. ...1 week ago
- Release: Over 15,000 sign Labour’s open letter to Luxon
As the hīkoi to Parliament continues, Labour has sent an open letter to Prime Minister Christopher Luxon in a last-ditch attempt to get him to kill the Treaty Principles Bill. ...1 week ago
- Fast Track Bill threatens environment, climate and reputation
The fast-track legislation passing its second reading in Parliament is another step towards environmental ruin. ...2 weeks ago
- Greens join King’s Counsel in calling for Treaty Principles Bill to be abandoned
The Prime Minister must answer the call from a group of senior lawyers of the King’s Counsel to abandon the divisive Treaty Principles Bill. ...2 weeks ago
- Chris Hipkins’ apology statement to state and faith-based care survivors
...2 weeks ago
- Release: Labour formally apologises to state and faith-based care survivors
Labour joins with the Government in unreservedly apologising for the abuse, neglect and trauma including torture in state and faith-based care and for ignoring the voices of survivors for too long. ...2 weeks ago
- Green Party stands in support of survivors of abuse in care
Today, the Green Party stands alongside the survivors of abuse in state care and faith-based care as the Government issues an historic apology. ...2 weeks ago
- Green Party calls for conscience vote on Treaty Principles Bill
The Green Party has written to the Speaker of the House requesting he enable a personal vote on the Treaty Principles Bill. ...2 weeks ago
- Govt move to exclude journalist risks chilling effect
The Green Party is alarmed by the Government’s move to exclude a journalist from covering this week’s apology for the survivors of abuse in state and faith-based care. ...2 weeks ago
- Without action, an apology will be empty air
For tomorrow’s apology to survivors of abuse in state and faith-based care to hold any water, the Government must not pursue the same policies that drove the abuse in the first place. ...2 weeks ago
- Release: Concerns remain over tobacco interference
Concerns about the tobacco industry’s ability to interfere in government policy making remain, despite the inability of the Office of the Auditor-General to investigate the Government’s decision to halve the excise tax on heated tobacco products. ...2 weeks ago
- Urgent wake-up call on climate
The Climate Change Commission’s latest advice indicates Aotearoa needs to be stepping up on climate action. ...2 weeks ago
- Green MP’s Meme-ber’s Bill set to save the world
Break out the punchlines and dust off your meme folder: Green Party MP Kahurangi Carter’s Copyright (Parody and Satire) Amendment Bill was pulled from the Ballot yesterday. ...2 weeks ago
- Release: Poroporoaki: Ta Robert (Bom) Gillies
Kua hinga te manawa kairākau o Te Rua Tekau Ma Waru Tiwhatiwha te po! Kakarauru i te po! Ka rapuhia kei hea koe kua riro! Haere e te Ika a Whiro ki o tini hoa kua ngaro atu ki te Pō ...2 weeks ago
- Labour, Greens and Te Pāti Māori call on the Prime Minister to block the Treaty Principles Bill
The opposition parties stand united for an Aotearoa that honours Te Tiriti, rather than seeking to rewrite it. Labour, the Greens and Te Pāti Māori are working together against the Government’s divisive Treaty Principles Bill. ...2 weeks ago
- Release: Labour, Greens and Te Pāti Māori call on the Prime Minister to block the Treaty Principle...
The opposition parties stand united for an Aotearoa that honours Te Tiriti, rather than seeking to rewrite it. Labour, the Greens and Te Pāti Māori are working together against the Government’s divisive Treaty Principles Bill. ...2 weeks ago
- NZ must pursue independent foreign policy
The Green Party says the need is greater than ever for Aotearoa New Zealand to pursue an independent foreign policy. ...2 weeks ago
- Child Protection Investigation Unit established
A new Child Protection Investigation Unit is being established to ensure the safety and wellbeing of children in care, Minister for Children Karen Chhour says. “The report released by the Royal Commission into abuse in state care shows us all the risk of not acting immediately when there are serious ...2 days ago - Speech at United States Business Summit 2024
Ka nui te mihi kia koutou. Ka mihi ki te mana whenua ko Ngāti Whātua Ōrākei. Kia ora and good morning everyone. Thank you Fran and Simon for inviting me here today, and importantly your leadership of this forum over several years now. I want to acknowledge David Gehrenbeck, Deputy ...2 days ago
- Record number of submissions received on granny flat proposal
Nearly 2,000 submissions have been received on the Government’s proposals aimed at making it easier to build a granny flat of up to 60 square metres without a resource or building consent, RMA Reform Minister Chris Bishop and Building and Construction Minister Chris Penk say. “This is the highest number ...2 days ago
- District Court Judge appointed
Attorney-General Judith Collins today announced the appointment of Rebecca Guthrie as a District Court Judge. Judge Guthrie was admitted to the bar in 1997 following her graduation from the University of Canterbury in 1996 (LLB, BA). She commenced her legal career in Hastings in 1997 before moving to London in ...2 days ago
- Appointments strengthen Predator Free 2050
The latest Predator Free 2050 Board appointments will help to strengthen biodiversity efforts across Aotearoa New Zealand, Conservation Minister Tama Potaka says. Mr Potaka today announced two appointments to the Board of Directors of Predator Free 2050 Limited, a key player in the wider Predator Free 2050 Programme. “The Predator ...3 days ago
- New facility in Christchurch will improve the lives of young New Zealanders
Mental Health Minister Matt Doocey today opened Kahurangi, an innovative and much-needed facility for Canterbury’s Child, Adolescent, and Family Mental Health Services. “The new state of the art outpatient facility opened today will be a gamechanger for the way mental health is delivered for young people in Canterbury,” says Mr ...3 days ago
- Driver safety screens to be installed on Auckland buses
Transport Minister Simeon Brown has welcomed news from the NZ Transport Agency (NZTA) that bus driver protection screens will be installed across Auckland’s bus fleet by 2026.“The Government is committed to improving the safety of working environments for bus drivers, and Budget 2024 allocated $15 million of Crown funding over ...3 days ago
- Government action provides Southland farmers more time to meet plan requirements
The Government is taking action to ensure Southland farmers and growers are not affected by unreasonable regional farm plan deadlines, Agriculture Minister Todd McClay, Environment Minister Penny Simmonds and Associate Environment Minister Andrew Hoggard say.“Cabinet has agreed to provide more time for farmers and growers to comply with regional rules ...3 days ago
- Bill reaffirms Government’s commitment to crack down on serious youth offending
The Oranga Tamariki (Responding to Serious Youth Offending) Bill had its first reading at Parliament today. The Bill reaffirms the Government’s commitment to crack down on serious youth offending, Minister for Children Karen Chhour says. “In recent years we have seen an unacceptable spike in youth offending. “This Bill makes ...3 days ago
- Critical milestones for earthquake buildings review
Fairer, more sensible rules about managing earthquake risks are a step closer with the passing of legislation and the appointment of an independent chair to provide expert advice, Minister for Building and Construction Chris Penk says. “The Government is committed to reinvigorating our cities and regions to support economic growth, ...3 days ago
- State of the art radiology machine for Auckland
People in Northland and Auckland will benefit from a new machine for cancer treatment installed at the Regional Cancer and Blood Service at Auckland City Hospital. The MV5 linear accelerator, or LINAC machine, officially opened today targets cancer tumours with pinpoint accuracy. Health Minister Dr Shane Reti says this new, ...3 days ago
- Foreign Minister to visit Europe
Deputy Prime Minister and Foreign Minister Winston Peters will travel to Europe for high-level talks with France, Germany and the United Kingdom next week. "Since taking office almost a year ago, the Coalition Government has emphasised the importance we place on New Zealand's traditional and likeminded diplomatic and ...3 days ago
- First arrests made under gang patch ban
Police have made their first arrests under the new gang patch legislation, with two gang members arrested, says Police Minister Mark Mitchell. “Just before 11 this morning, Police in Wairoa apprehended a gang member for wearing a patch to the supermarket. He has been arrested and will now face enforcement ...3 days ago
- Better support for victims of sexual violence
The Government is proposing two major changes to name suppression laws that will put the views of victims of sexual violence first, Justice Minister Paul Goldsmith says. “We are committed to restoring law and order and these two proposed changes will help ensure the victims of crime are put at ...3 days ago
- Government moving forward with Regional Deals
Cabinet has agreed to invite all regions to submit proposals for Regional Deals between central and local government that drive economic growth and deliver the infrastructure our country needs, Local Government Minister Simeon Brown and Infrastructure Minister Chris Bishop say. Inviting all regions to propose a Regional Deal that boosts ...3 days ago
- MSA pilot participant update
One of the ten young men selected to participate in the Military-Style Academy Pilot has allegedly reoffended. Children’s Minister Karen Chhour is disappointed but says it would be naïve to think that none of these young men would reoffend. “I’m saddened that this young person has not taken this opportunity ...3 days ago
- Fighting for Kiwis in Trade
Delivered at Auckland Trade and Economic Policy School Good morning and thank you Deputy Vice Chancellor Lithander for your warm welcome and for inviting me to open Auckland Trade and Economic Policy School today. A Special thanks to the University of Auckland, the Ministry of Foreign Affairs and Trade and ...3 days ago
- Attendance rates increase, again
Associate Education Minister David Seymour says that school attendance is continuing to rise. In Term 3 of 2024 51.3 per cent of students attended school regularly, an increase of 5.3 percentage points from 46 per cent in Term 3 of 2023. “This Government has prioritised student attendance and it is ...4 days ago
- Improving the lives of young New Zealanders
Ensuring New Zealand is the best place in the world for children and young people is the vision at the heart of the Government’s new Child and Youth Strategy, Child Poverty Reduction Minister Louise Upston says. “Childhood represents a huge opportunity to set people on a positive path towards living ...4 days ago
- Government continues work to reinstate livestock exports by sea
The Government is reinstating the trade of livestock exports by sea while ensuring the highest standards of animal welfare, says Associate Minister of Agriculture Andrew Hoggard.“The Government will introduce legislation changes to reinstate the trade, enhance oversight, and strengthen requirements for exporters to identify risks and manage the welfare of ...4 days ago
- Speech to the National Quality Forum 2024
Tēnā koutou katoa – it is a pleasure to be here today. I would like to begin by acknowledging the important leadership role you all play in ensuring a quality health system New Zealanders can trust. There is enormous clinical expertise in this room covering a wide range of disciplines. ...4 days ago
- New Zealand’s COP29 National Statement
Tēnā koutou katoa. Mr President, Excellencies, Delegates. New Zealand, and all nations represented here today, are already dealing with the impacts of climate change. Our households, businesses, and economies are bearing the costs of its effects. The choices we make now will shape the severity of these impacts for generations ...5 days ago
- Latest Quarterly Investment Report released
The Government has released its second Quarterly Investment Report (QIR) which shows substantial work still to be done by agencies to improve investment reporting and meet the Government’s expectations, Infrastructure and Acting Finance Minister Chris Bishop says. “New Zealand has significant infrastructure and investment needs. The Government is determined to get ...5 days ago
- New Zealand supporting loss and damage fund
Climate Change Minister Simon Watts announced New Zealand will contribute NZ$10 million to the new Fund for Responding to Loss and Damage while at the annual United Nations Climate Change Conference (COP29) in Baku, Azerbaijan. “New Zealand is joining the global effort to address the significant challenge of responding to ...5 days ago
- Gang crackdown begins at stroke of midnight
The free ride for gangs is over when the clock strikes midnight tonight, with tough new laws officially coming into effect, Justice Minister Paul Goldsmith and Police Minister Mark Mitchell say. “Gang patches will no longer be able to be worn in public. To earn the right to wear a ...5 days ago
- LGFA increases borrowing capacity to support high growth councils
The Government is welcoming the decision by the Local Government Funding Agency to increase access to financing tools for fast growing councils to support greater investment in critical infrastructure, Local Government Minister Simeon Brown says.“Communities across the country are facing an infrastructure deficit and significant population growth is projected in ...5 days ago
- Temporary Traffic Management costs revealed
The Government has revealed that over the past three years, the New Zealand Transport Agency (NZTA) has spent an eyewatering $786 million of taxpayers’ money on road cones and temporary traffic management (TTM), Transport Minister Simeon Brown says.“When I became Minister, I was surprised to learn that that NZTA did ...5 days ago
- Jurisdiction of Disputes Tribunal to double
Legislation that will double the financial jurisdiction of the Disputes Tribunal from $30,000 to $60,000 has passed first reading in Parliament today, Justice Minister Paul Goldsmith. “We need to improve court timeliness and access to justice so that Kiwis and get on with their lives. Court delays affect everyone, the ...5 days ago
- Protecting New Zealand from foreign interference
Legislation that will specifically criminalise foreign interference and strengthen espionage offences has passed first reading in Parliament today, Justice Minister Paul Goldsmith says. “It is normal and appropriate for states to interact and work to influence one another. This encourages cooperation and can have mutually beneficial outcomes. “However, the reality ...5 days ago
- Significant milestone for Canterbury Road of National Significance
Transport Minister Simeon Brown has welcomed news that the NZ Transport Agency (NZTA) Board has approved funding towards pre-implementation and early works on the State Highway 1 (SH1) Belfast to Pegasus Motorway and Woodend Bypass Road of National Significance (RoNS). “Reaching this significant milestone is a reflection of our Government’s ...5 days ago
- Health survey results to help drive change
Health Minister Dr Shane Reti says findings from the annual Health Survey highlight the need to continue driving better health outcomes for New Zealanders. The New Zealand Health Survey is an annual snapshot of key metrics measured from July 2023 – July 2024. Findings released this morning include: In 2023/24, ...5 days ago
- Final push needed to get to Smokefree 2025
A renewed effort to get people to quit smoking will build on what has worked to date and target the groups who most need support, Associate Health Minister Casey Costello said today. “The latest New Zealand Health Survey results show the daily smoking rate at 6.9 per cent and we ...5 days ago
- New diplomatic appointments
Foreign Affairs Minister Winston Peters has announced four new diplomatic appointments. “Our diplomats play an important role in ensuring New Zealand’s interests are maintained and enhanced across the world,” Mr Peters says. “It is a pleasure to announce the appointment of these senior diplomats from the Ministry of Foreign ...6 days ago
- Next steps for Regulatory Standards Bill
Regulation Minister David Seymour has today announced the next steps in the Government’s plan improve the quality of regulation by opening consultation on a proposed Regulatory Standards Bill. “New Zealand's low wages can be blamed on low productivity, and low productivity can be blamed on poor regulation,” says Mr Seymour. ...6 days ago
- Red Tape Tipline goes live
Minister for Regulation David Seymour has today announced that the Ministry for Regulation’s Red Tape Tipline is now live. “We want to hear about your red tape horror stories. From today, New Zealanders will have a say on how they are regulated through an online portal,” says Mr Seymour. The ...6 days ago
- Youth Parliament 2025 announced
The Minister for Youth Matt Doocey has today announced the eleventh Youth Parliament will be taking place in 2025. “Youth Parliament offers a unique youth development opportunity to young people from across New Zealand to experience the political process and learn about how government works,” says Mr Doocey. “The two-day ...6 days ago
- Police stats show promising change
After nearly a year in Government, Kiwis have seen significant change across law and order with promising early results shown across some Police statistics, says Police Minister Mark Mitchell. “In August 2023, I told New Zealanders that if they had not started to see a change in public safety within ...6 days ago
- Better coordination of anti-scam efforts
With the launch of Fraud Awareness Week, the Government is committing to new coordination efforts across industry and government to combat online scams, Commerce and Consumer Affairs Minister Andrew Bayly says. “Online financial scams are a growing problem for New Zealand. New data released today shows that Kiwis lost nearly ...6 days ago
- Minister to consider 7AA select committee report
Minister for Children Karen Chhour will consider the recommendations made by the Social Services and Community Committee in its report back to Parliament on the Oranga Tamariki (Repeal of Section 7AA) Amendment Bill. “I want to thank the people who made submissions and those who appeared before the committee in ...7 days ago
- Defence Minister to attend ASEAN meeting
Defence Minister Judith Collins will this week attend the Association of Southeast Asian Nations (ASEAN) Defence Ministers’ Meeting-Plus in Vientiane, Laos. “We need to take every opportunity to engage with our international partners, given the increasingly unstable geo-political situation,” Ms Collins says. “New Zealand has a long-standing commitment to this ...7 days ago
- Remaining members of ‘Bali nine’ set for repatriation, with conditions
Source: The Conversation (Au and NZ) – By Michelle Grattan, Professorial Fellow, University of Canberra The Albanese government is still discussing the details for the remaining five of the “Bali nine” to be repatriated to Australia, Special Minister of Sate Don Farrell has said. The planned repatriation follows the representations ...1 hour ago - COP 29: Carbon credit trading scheme critisised as ‘get out of jail free card’
The deal reached in the final hours of COP29 has been criticised as a free pass for countries to slack off on efforts to reduce emissions at home. ...3 hours ago - Protest photographer John Miller records Hīkoi mō te Tiriti with his historic lens
RNZ News For almost six decades photographer John Miller (Ngāpuhi) has been a protest photographer in Aotearoa New Zealand. From his first photographs of an anti-Vietnam War protest on Auckland’s Albert Street as a high school student in 1967, to Hīkoi mō te Tiriti last week, Miller has focused much ...3 hours ago
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Source: The Conversation (Au and NZ) – By Jacqueline Peel, Director, Melbourne Climate Futures, The University of Melbourne The petroleum-laden dust has settled on this year’s United Nations climate summit, COP29, held over the past fortnight in Baku, Azerbaijan. Climate scientists, leaders, lobbyists and delegates are heading for home. ...5 hours ago
- All Blacks end of year tour: What we learned
Analysis - There's plenty to talk about including TJ Perenara's statement during the haka, Jamie Wall writes. ...9 hours ago
- ‘To love is to move towards freedom’: Parliament’s newest MP makes their maiden st...
Green MP Benjamin Doyle has joined the 54th Parliament a year into its term. Their maiden statement emphasised the need for radical love. ...14 hours ago
- Live: Minister absent on crucial day as climate talks near collapse
Small island and vulnerable nations walked out of climate finance negotiations on Saturday afternoon in Baku, Azerbaijan, protesting a process they say excluded their participation and views.The COP29 talks are now on the edge of collapse on the crucial issue of a new global finance goal, as the summit has ...15 hours ago - Hīkoi hats: Why are so many people wearing red berets?
For the march to Parliament, many young wahine donned a red beret. It's a pōtae steeped in history and symbolism. ...16 hours ago
- An Ode to .. Erica Stanford
Mean Girl HighSchool swot Jan Tinetti hurries to classAs the bell rings.Slouching against the lockers,Mean Girl Erica lies in waitWith her surly gang of Teen Delinquents.Erica whispers somethingAnd leers horribly at Jan at she scurries past.Jan’s lip trembles,And a hot tear rolls down her face.The Meanies all cackle with gleeAnd ...18 hours ago
- Behind the Banner: Inside the hīkoi mō te Tiriti
Over nine days, rangatahi and veterans of past hīkoi walked shoulder-to-shoulder to take their message to Parliament. Ella Stewart and Cole Eastham-Farrelly were there. ...1 day ago - Concern Regarding Inconsistent Designation Of Terrorist Organizations
While it is important to maintain strong alliances, it is equally crucial to uphold our Kiwi values of fairness and justice. New Zealand has always prided itself on its commitment to equality and human rights. ...1 day ago
- New Zealand Government’s Racially Divisive Treaty Principles Bill Passes First Reading
By voting for the bill and allowing it to proceed to the select committee, the coalition parties are enabling ACT—an extremely unpopular party that received just 8.6 percent in the 2023 election—to dominate political discourse, posturing as the party of ...1 day ago
- Fiji’s Immigration Minister steps down temporarily over ‘unauthorised’ passports for cult memb...
RNZ Pacific Fiji’s Home Affairs and Immigration Minister Pio Tikoduadua has ordered an inquiry into the “possible unauthorised issuance of passports” by immigration staff and “offered to step aside temporarily from role”. In a statement on Thursday night, Tikoduadua said the passports in question were issued to the children of ...1 day ago
- A 4.45 billion-year-old crystal from Mars reveals the planet had water from the beginning
Source: The Conversation (Au and NZ) – By Aaron J. Cavosie, Senior lecturer, School of Earth and Planetary Sciences, Curtin University JPL-Caltech/NASA Water is ubiquitous on Earth – about 70% of Earth’s surface is covered by the stuff. Water is in the air, on the surface and inside rocks. ...2 days ago
- COP29 summit runs overtime as finance talks falter over ‘insult’
“Is it a joke?”That’s what Bolivian diplomat Diego Balanza said on Wednesday in Baku, Azerbaijan, when asked by a reporter about the possibility of the new global climate finance goal (the NCQG) landing at just US$200 billion a year. Developing countries have been pushing for a number in the trillions, ...2 days ago
- The Weekend: What would you march for?
Madeleine Chapman reflects on the week that was. When I was a junior writer at The Spinoff, Simon Wilson joined the team as Auckland editor. He’d been the editor of Metro for many years and was easily the most experienced journalist in the room. So if we both happened to ...2 days ago - Short story: Freefall, by Owen Marshall
Gordon was meant to be with him on that hike. It wasn’t high mountain stuff, but it was rugged, and it’s always sensible to have a companion when that far into the back country. They’d planned to do it in two days and knew each other’s capabilities. But Gordon got ...2 days ago
- Celebrating families who give the ultimate gift
Amy Ng-Thomson’s first time walking up One Tree Hill/Maungakiekie was six months after a lung transplant.“It was a beautiful March day, and I always do it in March now… seeing the blue skies, the views, feeling the breeze, I get the sense that she’s with me every time I go ...2 days ago
- ‘You bring your whole life to watching TV’: Critic Diana Wichtel on a life in review
The veteran reviewer takes us through her life in television, including the allure of property shows, the crushing end of Campbell Live, and the review that got the most hate mail. Having reviewed television for The Listener for over three decades, award-winning critic Diana Wichtel has chronicled the medium through ...2 days ago
- Can poets drive? A sociocultural investigation
Of all the stereotypes about poets, perhaps the most enduring cliche is that poets can’t drive. But what evidence do we have to back that up? A non-driving poet attempts to find out the truth. Bob Dylan said it. Jo Shapcott said it. Wendy Cope said it. Martin Amis said it, ...2 days ago
- How to read a poem: selections from Slender Volumes by Richard von Sturmer
The latest in a semi-regular series that breaks down a poem to analyse what it’s really trying to tell us. I’ve been interested in Richard von Sturmer’s work since I saw him perform at Wellington’s LitCrawl years ago. He was compelling, using his whole body to thump out a poem, ...2 days ago
- ‘By golly it slaps’: Arthur Ahbez’s perfect weekend playlist
Psychedelic folk singer Arthur Ahbez shares his perfect weekend playlist. Arthur Ahbez will likely wake up this weekend with breathing exercises informed by Dutch motivational speaker Wim Hof, and perhaps a bit of yoga. That’s an ideal Saturday, but if he can’t get to it, it’s because life’s responsibilities have ...2 days ago
- The Secret Diary of .. Heather and Barry
HEATHER DU PLESSIS-ALLANI was driving down the middle of the road and Barry who was sitting next to me said,BARRY SOPER“Watch where you’re going!”HEATHERBy which he meant of course the idiots driving on either side of us, but mainly in the left lane. And he had a good point. Because ...2 days ago
- Gold medal Black Ferns Sevens take on world again without three champions
The 12th edition of the World Sevens Series (SVNS) starts in earnest next weekend in Dubai. Australia are the defending champions having won the Grand Final in Madrid in May. They also won the 2023 Dubai Sevens, snapping New Zealand’s 41-game unbeaten streak in the process.The Black Ferns Sevens are Olympic ...2 days ago
- Denmark’s uprooting of settled residents from ‘ghettos’ forms part of aggressive plan to assim...
Source: The Conversation (Au and NZ) – By Selma Hedlund, Postdoctoral Associate at Center of Forced Displacement, Boston University History is full of examples of governments using forced segregation against ethnic minorities. From settler colonialists coercing Indigenous peoples into reservations, Nazis forcing Jews into ghettos or the United States ...2 days ago
- Maritime Union joins opposition to live export shipments
The Maritime Union also has zero faith in government assurances of a gold standard for ships used for the trade. ...2 days ago
- Offshore oil and gas ban ‘worst political decision’, Shane Jones says
Shane Jones says the offshore oil and gas ban is "the worst political decision" he has ever been involved with. ...2 days ago
- Andrew Bayly ‘loser’ incident: Frantic texts, thumbs-up from PM, photo of drinking from ...
A series of frantic text messages from Andrew Bayly to government staffers amid scrutiny over his actions at a winery have been revealed. ...2 days ago
- ACT’s David Seymour won’t ‘bow down’ to his hapū leaders
They have pleaded with the ACT leader to stop what they say are abusive violations of Te Tiriti o Waitangi. ...2 days ago
- Former political figure who abused teens loses name suppression
However, his name remains under wraps as he has already indicated he will appeal. ...2 days ago
- Educating young people about social media would be far more effective than a ban – Finland can sh...
Source: The Conversation (Au and NZ) – By Susan Grantham, Lecturer in Communication, Griffith University Shutterstock The federal government’s proposed social media ban for under-16s has sparked widespread debate, affecting millions of young Australians, their families and educators. But will it actually work? While the aim behind this ban ...2 days ago
- Ant stings can be painful. Here’s how to avoid getting stung this summer (and what to do if you do...
Source: The Conversation (Au and NZ) – By Sam Robinson, Senior Research Fellow, Institute for Molecular Bioscience, The University of Queensland AG-PHOTOS/Shutterstock With the start of summer just days away, many of us will be looking forward to long sunny days spent at the beach, by the pool, out ...2 days ago
- Is using the Future Fund for housing, energy and infrastructure really ‘raiding Australia’s nest...
Source: The Conversation (Au and NZ) – By Mark Crosby, Professor, Monash University Chichimaru/Shutterstock Australia has a seriously big “nest egg”. The Future Fund – our sovereign wealth fund set up in 2006 – now manages about $230 billion. Specifically, its remit is to “invest for the benefit ...2 days ago
- Women are less likely to receive CPR than men. Training on manikins with breasts could help
Source: The Conversation (Au and NZ) – By Jessica Stokes-Parish, Assistant Professor in Medicine, Bond University Pixel-Shot/Shutterstock If someone’s heart suddenly stops beating, they may only have minutes to live. Doing CPR (cardiopulmonary resusciation) can increase their chances of survival. CPR makes sure blood keeps pumping, providing oxygen to ...2 days ago
- The Friday Poem: ‘Boyhood’ by Art Nahill
A new poem by Art Nahill. Boyhood I hate the way the dog cowers when I raise my voice. After all this time together she’s still not sure what I’m capable of. As kids with too much time we sprinkled salt on slugs plucked from summer gardens watched them shrivel ...2 days ago
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Well you guys are in! Just do it!!
A.
Agreed, Christ, it’s like they don’t realise they’re the fucking government.
Years of inept leadership and constitutional outrages and you guys expect Labour to solve all the problems instantly.
What do you think about the outrageous legislation that took away the rights of family carers to not be discriminated against?
That is bad legislation!
A.
I haven’t been following it as I’m not or know anyone who’s affected by this legislation.
But the fact remains you guys are in government, you’ve got the power to change this if you don’t like it or don’t consider it fair.
David Clark has asked for options for reforming. He should make this a priority.
To me that reads like Labours can kicking and in no hurry to change the legislation, why do you think that is MS?
It sounds to me as though the Lab/NZF govt (with Green support) has inherited a shit-can of a system which is going to take a non-negligible amount of time, money and effort to fix and as such some prioritisation needs to take place.
It sounds to me that MS disagrees with the priority given on this particular issue.
It also sounds to me as though the particular legislation needs to be repealed before any solutions can be enacted legally, and if it is going to be taken away then it is best to have something to replace it, as before there was the current status there was a void in which no one knew what could be done.
Maybe if the NAct government didn’t try to screw over ordinary NZers for the sake of a few pennies then we wouldn’t be in this position….
And when the Tories roll back into to town they will repeal it. That a good way to get things done.
Just another example of why the right need to take a good long hard look at themselves. When your elected to government your to look after all the people – even those who voted against you.
Not play king of the castle.
And people wonder why I say the right has no morals. Simple stupid stuff like this.
Id actually be surprised if the next Nat govt rolled this one back. Why bother?
A.
“Why bother?”
1. Because they don’t actually care about people who can’t provide them with a profit.
2. They have the revenge impulse of toddlers.
3. A large proportion of them have a viscious streak that is not tempered by humanity.
It doesn’t seem to me like the sort of thing you repeal. There’s no votes in repealing it, no ideology I can see and very little money. The idea of a revenge motive is just silly.
A.
They will repeal it because it will cost money, and that is money not going to them or their mates so it is bad* money…
*in the mind of a RWNJ
It is an appalling constitutional outrage. Isn’t that a good reason to repeal it?
But the previous Labour Government procrastinated and passed bad law as well. Rosemary has put up that information many times. The last National Government made things worse.
At least this Minister is taking advice from all submitters.
Of course there needs to be degrees of care, but full time care should be 7 times 16 hours at day rates plus 8 x7 at night rates for a completely reliant person/child through to 8 hours a day for assistance and supervisory care.
It is not rocket science, and yes that would be greater than a normal wage for some, but those carers need to be able to pay for cleaning gardening and hiring special equipment or vehicles for transport to and from Drs/ Hospitals/Day care for carer respite.
It is not a normal life. Having worked for 3 years in the field, I can say they are always under stress, and many marriages break up, leaving one doing everything. I so admire them. I so want them paid fairly for what they do.
Strangers try to be kind, but every change of helper is a trauma on top of difficulties. So family are often best. IMO.
Thanks for the post Mickey.
I can’t see a solution for this, except maybe ripping out and firing all the bureaucrats in the health system. Then starting again.
The removal of the obtuse, and nasty in officaldome might just be the break this needs.
Odious laws aside, a real problem is the ministry of health bureaucrats, who have no or very little medical training, making medical decisions.
Time to have a clean out.
Kirsty Johnston has produced a wonderful piece of work…the only reporter Peter and I would trust with our story.
I am using an incredibly unstable internet connection so I will be brief.
1. patricia bremner is correct…Labour dicked around this issue since late 2001…Ruth Dyson acknowledging in a speech that with the Gummint’s exemption from having to comply with NZBORA and the HRA expiring in early 2002 they had better be some work done on Government’s discriminatory practices toot sweet…and the family carers issue was the case in point she referred to.
2002.
The Longest Fight indeed.
I see no hint that this government is going to give us justice…or more importantly ensure that the MOH disability support system is fit for purpose, safe, and respectful.
2. Labour promised in their 2017 manifesto they would repealed the Part 4A amendment to the PHDAct. They need to get a move on.
Also…they really, really need, in order to gain a little bit of credibility and integrity , to order the Ministry of Health to reveal the redacted sections of the Regulatory Impact Statement…this shiny little turd…http://www.treasury.govt.nz/publications/informationreleases/ris/pdfs/ris-moh-fcc-may13.pdf….right now. Please.
We did ask the Minister for Open Government…Claire Curran…and she seems to think she can’t tell the Ministry of Health to do anything…tail wags dog.
Ho hum.
SSDD.
Also…the Ministry of Health is the most dysfunctional of government agencies and their Disability Support Services sets new standards on how not to provide supports for the nation’s most vulnerable.
The very LAST thing that Clark…or any other elected official should do over this issue is consult with the Ministry of Health.
Ryall ended up looking like a total tool after consulting with the MOH over this….
When I read health had counteroffered 37 hours instead of offering 40 to that poor woman I did not know whether to laugh or cry.
Cripes take the money and run i would say. Why dither over 3 hours. Who can win against tight-arse bureaucracts with management degrees etc. They have to go by the book, which says ‘Never give a sucker an even break’.
The offer was so petty. And the marginal cost of the negotiation is really excessive.
True, but then in reverse an onlooker might say if they dismiss 37 hours because they want 40, they apparently don’t need the money at all, and are just trying to gouge out every penny they can. So neither side comes out of this situation with a good look.
One of the parties in this particular bun fight greywarshark had to make a stand on principle.
The Ministry of Health Disability Support Services have no principles…so Ms. Moody had to step up.
I’m talking about being practical where there is less and less for all except the better off in this country and even the world. Why fret about a few percentages. Fairness is relative. Give yourselves a break and enjoy it when you get a decent offer I suggest, unless you are all becoming masochistic in which case you can only be happy while you are unhappy. Which sounds a sorry state to be in.
Just to recap in 2016 in NZ –
40% of the people had 3% of the wealth in the country.
50% of the people had 47% of the wealth.
10% of the people had 50% of the wealth.
https://www.radionz.co.nz/news/national/307458/10-percent-richest-kiwis-own-60-percent-of-nz%27s-wealth
https://www.stats.govt.nz/news/new-zealands-net-wealth-passes-1-5-trillion
Google –
New Zealand’s household wealth on the rise, but inequality high | Stuff .
https://www.stuff.co.nz/…/new-zealands-household-wealth-on-the-rise-but-inequality-hi…
Nov 28, 2017 – The annual report analysing global wealth shows New Zealand adult wealth grew by 11.4 per cent in the year to March 2017, and total household wealth by … But New Zealand’s wealth inequality is almost four times that of Australia; 18 per cent of New Zealanders have a net worth below US$10,000, …
“Give yourselves a break and enjoy it when you get a decent offer I suggest, unless you are all becoming masochistic in which case you can only be happy when you are unhappy.”
My initial reaction to this statement greywarshark was “WTF???”
Upon reflection, and after some thought, my question to you regarding that statement is what exactly do you mean???
Assuming you are relatively ignorant and uninformed about disability issues in general and the protracted argument about the payment of family carers in particular, might I suggest that you invest some time in researching the topic. Especially before accusing those of us making a much needed stand against the malignant Ministry of Health Disability Support Services of being masochistic.
I suggest you begin by seeing where families who experience long term disability sit in the deprivation indexes…if putting issues into an economic context is where you are comfortable.
I suggest that when disabled get something owed to them and get treated fairly then get on and enjoy it. This originally started when I said why not accept payment for 37 hours and not hold out for 40?
There seems to be a long standing universally accepted value that the only work that counts is work that is paid. Marilyn Waring had some really good work on this. This means caring work we do for others outside our families is valued. What we do for our own family is not. This happens with the care of children as well where the state pays big money to childcare companies to care for their children where it could be better utilisled in some cases by families caring for children at home
So true. FG
This whole business has been so hurtful to my family who have a disabled member, I cannot even discuss it. I am so disgusted and Andrew Little should sort it out properly. Both Labour and National ensured families were not paid for caring for family members. The process is so demeaning and complicated most of us avoid it. I hope the miserable Labour party reads this, because they were no better under Clark.
I agree with Adam & Rosemary. A total clean out of bureaucrats in the Ministry of Health would be a good start. And consulting with the expertise of Andrew Geddis, other Constitutional law experts, The Child Poverty Action Group, as well as the family carers of disabled people is the least they can do.