A/HRC/45/14/Add.2
169); the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Invalidity,
Old-Age and Survivors’ Benefits Convention, 1967 (No. 128); the Medical Care and
Sickness Benefits Convention, 1969 (No. 130); the Paid Educational Leave Convention,
1974 (No. 140); the Rural Workers’ Organisations Convention, 1975 (No. 141); the
Nursing Personnel Convention, 1977 (No. 149); the Labour Administration Convention,
1978 (No. 150); the Maintenance of Social Security Rights Convention, 1982 (No. 157);
the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No.
159); the Employment Promotion and Protection against Unemployment Convention, 1988
(No. 168); the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992
(No. 173); the Violence and Harassment Convention, 2019 (No. 190); or the Violence and
Harassment Recommendation, 2019 (No. 206).
14.
The Constitution of New Zealand includes several legal and extralegal sources,
including legislative documents, the common law, the principles of the Treaty of Waitangi,
the law and custom of Parliament and customary international law. The Treaty of Waitangi
has profound significance for human rights and for harmonious relations between Māori
and non-Māori in New Zealand.
15.
The Human Rights Act 1993, the New Zealand Bill of Rights Act 1990 and the
Privacy Act 1993 are the three main laws that specifically promote and protect human
rights. Among the foundations of a domestic human rights system in New Zealand was the
introduction in 1898 of the Old-age Pensions Act. The country also adopted its second
national plan of action on human rights, for the period 2015 to 2019.
16.
There is no dedicated law affording protection to older persons, but the country has a
variety of public, local body and privately funded policies which are universal for older
persons, or are targeted to those in need according to income, assets and level of disability.
17.
These policies have been based on the Positive Ageing Strategy, 7 which was
designed to achieve 10 guiding principles, namely to: empower older persons to make
choices enabling them to live a satisfying life and lead a healthy lifestyle; provide them
with opportunities to participate in and contribute to family, whānau and community;
reflect positive attitudes to older persons; recognize the diversity of older persons and
ageing as a normal part of the life cycle; affirm the values and strengthen the capabilities of
older Māori and their whānau; recognize the diversity and strengthen the capabilities of
older Pacific persons; appreciate the diversity of cultural identity of older persons;
recognize the different issues facing men and women; ensure older persons, in both rural
and urban areas, live with confidence in a secure environment and receive the services they
need to do so; and enable older persons to take responsibility for their personal growth and
development through changing circumstances.
18.
The Government recently adopted a new comprehensive strategy entitled “Better
Later Life – He Oranga Kaumātua 2019 to 2034”, which is guided by the principles of the
Treaty of Waitangi (Te Tiriti o Waitangi). Based on the outcomes of a national
participatory consultation, the strategy links to existing dedicated policies on older persons
such as the Healthy Ageing Strategy of 2016, the New Zealand Disability Strategy 2016,
the New Zealand Carers’ Strategy 2008 and the Mahi Aroha – Carers’ Strategy Action Plan
2019–2023. The strategy resonates with human rights principles and is conducive to human
rights-based implementation.
19.
The Office for Seniors (formerly the Office for Senior Citizens) is the main entity
responsible for monitoring the implementation of the Better Later Life – He Oranga
Kaumātua policy across the Government. Under the New Zealand Superannuation and
Retirement Income Act 2001, the role of the Retirement Commissioner was established to,
inter alia, monitor the effects of retirement villages legislation and administer the disputes
process.8 New Zealand has a Health and Disability Commissioner, established in October
1994, who looks into complaints about health-related services, including old-age care. The
Office of the Privacy Commissioner, established in 1993, investigates complaints about
7
8
See www.msd.govt.nz/about-msd-and-our-work/publications-resources/planning-strategy/positiveageing/index.html.
For additional information on the functions of the Retirement Commissioner, see
www.legislation.govt.nz/act/public/2001/0084/132.0/DLM114889.html.
5
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