Disability Support Services Bill - our submission.
Submission to Social Services and Community Committee, 11 June 2026 re
Disability Support Services Bill
Government Bill 312-1 introduced 18 May 2026
Introduction
Kaitiaki Hauora welcomes the opportunity to submit on the Disability Support Services Bill.
Kaitiaki Hauora is a national alliance of patients, health workers, Māori health representatives, unions, advocacy organisations, youth voices, and community groups committed to protecting and strengthening publicly funded healthcare in Aotearoa New Zealand. Our alliance supports accessible, equitable, evidence-based healthcare and advocates for a strong public health system that is publicly funded, publicly accountable, and responsive to the needs of communities.
Our work is grounded in honouring Te Tiriti o Waitangi, promoting equity, and ensuring that the voices of those who rely on and deliver public services are heard in policy development.
Kaitiaki Hauora opposes the Disability Support Services Bill in its current form and urges the Committee to recommend substantial amendments.
Executive Summary
The Bill has been introduced largely in response to the Supreme Court's decision in Fleming v Attorney General, with the eƯect of removing legal rights recognised by the Court.
The Bill places excessive reliance on "natural supports", effectively shifting responsibility from the state onto families, whānau, and communities.
No appropriate consultation has been undertaken with carers and the disabled community, and none in terms of Treaty of Waitangi obligations.
The Bill prioritises fiscal risk management over the wellbeing, dignity, and autonomy of disabled people. The legislation lacks adequate protections, appeal rights, and accountability mechanisms.
Response to the Supreme Court Decision
The Court recognised the reality that many family members provide intensive, ongoing care that substitutes for services that would otherwise need to be publicly funded. The Government's response appears focused primarily on limiting financial liability by legislating that family carers cannot be considered employees of the Crown. Instead, clause 8 expects all family members to be a source of support, providing an unlimited obligation of unpaid care, without regard to the welfare of family carers.
While Parliament has the power to legislate following court decisions, doing so to remove rights recognised by the highest court in the country raises important questions about fairness, accountability, and respect for the rule of law.
Kaitiaki Hauora is concerned that the Bill effectively closes off pathways for family carers to seek recognition and fair treatment without providing an equivalent framework that adequately values their contribution.
Concerns About "Natural Supports"
The Bill's emphasis on exhausting "natural supports" before accessing funded disability services is one of its most troubling features.
Families, whānau, and communities play a vital role in supporting disabled people. However, these relationships should complement publicly funded services, not replace them.
The concept of natural supports risks:
Transferring responsibility from government to families.
Increasing unpaid caregiving burdens, particularly on women.
Creating inconsistent access to support depending on family circumstances.
Penalising individuals whose family relationships are strained, unsafe, or unavailable.
Exacerbating caregiver burnout and financial hardship.
Public disability support should be based on need and rights, not on assumptions about the capacity of families to absorb additional responsibilities.
Equity and Te Tiriti Considerations
The Crown has obligations under Te Tiriti o Waitangi to actively protect Māori health and wellbeing and to ensure equitable outcomes. This legislation has been developed without any partnership with Māori and thus has overlooked the diverse realities of whānau and communities and not upheld Treaty obligations.
Implications for the Public Health and Disability System
The Bill reflects a broader trend towards constraining access to publicly funded services in response to fiscal pressures.
Kaitiaki Hauora believes sustainable funding challenges should be addressed through adequate public investment, not by narrowing eligibility or shifting costs onto individuals and families.
The 2025¹ report noted that fiscal controls for DSS are inadequate, monitoring and evaluation is poor, and terms and conditions of provider contracts are not consistent, the roles of the NASC² and hosts are in need of review, and the shared services provided to the Ministry by MSD, MOH and HNZ, and the Departmental Agency Agreement with MSD, need to be reassessed and strengthened. All of this could be tackled without impinging on court processes or undermining the stability of existing care arrangements for the disabled.
A strong disability support system is an essential component of a strong public health system. The two are inseparable. When disability support is inadequate, pressures increase across hospitals, primary care, mental health services, and community providers. Investment in disability support is both a social and economic necessity.
Recommendations
Kaitiaki Hauora recommends that the Committee:
Reject provisions that require disabled people to exhaust natural supports before accessing publicly funded assistance.
Amend the Bill to recognise and protect the rights and wellbeing of family carers.
Strengthen Te Tiriti o Waitangi provisions and ensure Māori leadership in implementation and oversight.
Require disability support decisions to be based on assessed need, and prudent governance and oversight of DSS services and contractual arrangements rather than assumptions about family capacity.
Include independent complaints and appeal mechanisms within the legislation.
Guarantee meaningful participation by disabled people, carers, whānau, and representative organisations prior to further legislative changes and future policy development.
Ensure Disability Support Services are adequately and sustainably funded through public investment.
Conclusion
Kaitiaki Hauora supports a disability support system that upholds dignity, independence, equity, and the rights of disabled people and their whānau.
The Disability Support Services Bill, as currently drafted, risks shifting responsibility away from the state and onto families while reducing protections for some of the most vulnerable members of our communities.
We urge the Committee to substantially amend the Bill to ensure it reflects Te Tiriti obligations, protects the rights of disabled people and carers, and strengthens rather than weakens New Zealand's commitment to a fair, publicly funded support system.
Kaitiaki Hauora looks forward to an opportunity to speak to the Social Services and Community Committee at the upcoming hearings.
Nāku noa, nā
Kaitiaki Hauora
[Date: Thursday 11 June 2026]
¹05_AUGUST-CABINET-Paper-Appendix-1-Independent-DSS-Review-redactions-applied-FINAL.pdf
²Get a needs assessment | New Zealand Government, Needs Assessment Provider (NASC) | HealthCare NZ