The information presented here was collected by the Human Rights Commission in New Zealand.

What laws govern the right to education for students with disabilities in New Zealand?

• The Education Act 1989
• The Bill of Rights Act 1990
• The Human Rights Act 1993
• The Health and Disability Commissioner Act 1994

The Education Act 1989

Under the Education Act 1989 all New Zealanders between the ages of 5 and 19 years are entitled to free primary and secondary education. The Education Act specifically gives children and young people with special educational needs an equal right with all others to enrol and receive education in state schools. The Act also empowers the Secretary of Education, with the agreement of the student’s parents, to direct that a student under the age of 21 with special education needs be enrolled.

For a full copy of the Education Act 1989, Click here!

The Bill of Rights Act 1990

The Bill of Rights Act applies to the actions of government and public officials. It states that everyone has a right to be free from discrimination on any of the grounds in the Human Rights Act, including disability. If any Court action were taken in regard to equality of educational opportunity then this Act would be applied in considering the issues.

The Human Rights Act 1993

The Human Rights Commission is empowered under this Act to protect human rights in New Zealand in general accordance with United Nations’ Covenants and Conventions on Human Rights. A number of international human rights agreements cover the right of access to equal educational opportunities for persons with disabilities. Many of these agreements are legally binding on the New Zealand Government, and the Courts are increasingly referring to these obligations when ruling on domestic legislation. The Human Rights Commission does not administer the Education Act.

The Commission also has the function of investigating and resolving complaints of unlawful discrimination in certain areas of public life. The Human Rights Act makes it unlawful to discriminate on the ground of disability in the provision of education.

For a full copy of the Human Rights Act 1993, Click here!

The Health and Disability Commissioner Act 1994

The purpose of the Health and Disability Commissioner Act is to protect the rights of health and disability services consumers. These rights are set out in the Code of Health and Disability Services Consumers’ Rights.  (Under this Act the provision of special education could be considered a disability service. This would mean that such education is required to meet the standards of the Code of Rights, which includes the right to services of an appropriate standard.)

For a full copy of the Health and Disability Commissioner Act 1994, Click here!

This information was collected by the Human Rights Commission in New Zealand. For further information you can contact the Human Rights Commission in New Zealand by either: Phone their toll free infoLine: 0800 4 YOUR RIGHTS / 0800 496 877 or Email them at: infoline@hrc.co.nz