Day 110 - Auckland Disability Law - Group of lawyers work on legal challenge

Group of lawyers work on legal challenge

Auckland Disability Law: 08/07/2024

Disabled People Against Cuts Aotearoa (DPAC) are wanting to hear from people from the disability community who have been affected by Whaikaha’s recent cuts to flexible funding on 18 March 2024 and are wanting to share their stories. 

If you have made requests to an Individualised Funding Host, but your requests have been rejected, and would like legal advice on the options available to you, please contact Auckland Disability Law (ADL) on geraldine.lewis@adl.org.nz.

In our view, there appear to be valid grounds to argue that Whaikaha did not follow the law when making changes to Individualised Funding purchasing rules on 18 March. 

There are legal options to consider to potentially put this right, which we can advise you on. 

A small group of lawyers is working with ADL on the legal challenges against Whaikaha for the changes to purchasing rules. We would like to consider whether you might be a good person to be a named claimant in a High Court challenge against Whaikaha.

Next Steps

1. Please contact ADL at geraldine.lewis@adl.org.nz if you are willing to share your story and want advice on your legal options. Also please let ADL know whether you might like to be considered as a named claimant in a High Court challenge against Whaikaha.

2. If you find it hard to read through this letter, you might like to ask for help from a trusted support person, friend, or family member.

3. We are happy to answer any questions you might have. We can have a phone call or a Zoom Meeting with you. You can also email your questions to us.

4. We look forward to hearing from you.

Last Updated 15/08/2024

RESOURCES

• https://aucklanddisabilitylaw.org.nz/

Day 104 - ODT - Minister tells DCC most needy must be prioritised

Minister tells DCC most needy must be prioritised

By: Grant Miller

ODT: 2 July 2024

The Dunedin City Council has been told government support for disability services has to give priority to people with the highest needs.

Increasing costs had led to some difficult decisions, Minister for Disability Issues Louise Upston said.

This included reducing some aspects of flexibility for purchasing rules, which happened "alongside the very urgent need to ensure the [Ministry of Disabled People — Whaikaha] could continue to fund critical equipment and modification services".

The government provided additional funding for the ministry to make up for the deficit in the disability support system in the financial year just completed, Ms Upston said.

Ms Upston wrote to Dunedin Mayor Jules Radich last month after he had written to her on behalf of the council in May.

Her letter came up at a council meeting last week, prompting the Otago Daily Times to request a copy.

"Demand for disability support services is increasing and the cost of delivering those services is also increasing year on year", she wrote.

"The ministry has work to do to ensure it can continue to provide disability [support] in an affordable and equitable way."

Mr Radich wrote to Ms Upston after a notice of motion put up by Cr Mandy Mayhem was passed by the council.

The new restrictions had removed mileage allowances, cut accommodation support, reduced purchases and forced changes to equipment and home-modification priorities — all of which were previously a life-saver for disabled individuals and their families, Cr Mayhem said at the council meeting.

Cr Carmen Houlahan said at the meeting the changes to purchasing rules had "put fear into every member of the disability community".

The issue was personal for her, as she had a son with disability needs.

Ms Upston referred to a review that had been announced.

It is expected to advise on pressure the disability support system is under and provide recommendations about how services could be sustained in the long term.

Last Updated 02/07/2024

RESOURCES

• https://www.odt.co.nz/news/dunedin/minister-tells-dcc-most-needy-must-be-prioritised

• Dunedin City Council

Day 103 - RNZ - Care workers hold rallies for pay equity across NZ

Care workers hold rallies for pay equity across NZ

By: Anna Sargent

RNZ: 09:32pm 1 July 2024

Christchurch care and support workers at a rally in Hornby.

Photo: Anna Sargent

Care and support workers have held rallies around the country calling on the government to fully fund a pay equity settlement.

The unions E tū, the PSA and the New Zealand Nurses Organisation (NZNO) said the rallies were the next step in a long campaign for the workers' pay equity claim, which was filed against 15 employers almost two years ago.

The claim could have implications for 65,000 people working in disability, home and mental health support, as well as aged care work, the unions said.

Last month, the unions took the claim to the Employment Relations Authority.

E tū activist and residential aged care worker Marianne Bishop said the government needed to front up.

"We have been waiting far too long for a decent pay equity settlement," she said.

"The care and support workforce is an essential part of our health system and our wider communities. We do these jobs because we love the work and we want to do the best we can.

"We are really worried about the future of the sector if there isn't a proper settlement really soon. We can't attract and retain workers if they know they're only going to be paid a pittance. We have an ageing workforce and an ageing population - unless we fix this now, it's a recipe for disaster."

Christchurch care and support workers flank local MP Megan Woods at a rally in Hornby.

Photo: Anna Sargent

In Christchurch, about 40 people waved signs and flags on the footpath near the Hornby Club.

NZNO delegate Val Fifita said workers were there protesting for equal pay.

"Our counterparts like the DHB have all got pay rises but we haven't. We do the same amount of work for the same patients and everything. All we're asking really is to be paid what we're worth.

"We're really hoping the government will come through and support the equal pay case."

In 2017, the government signed a $2 billion equity settlement giving tens of thousands of care and support workers a pay rise.

PSA spokesperson Brad Sparrow said care and support workers were some of the lowest paid.

"So just really need to get our wages up to meet the cost of living and so we don't lose some of our people supporting our most vulnerable over to the Aussies," he said.

In a statement, Health New Zealand/Te Whatu Ora said it was aware the Public Service Association applied to the Employment Relations Authority last month to determine remuneration rates in relation to the 1 July 2022 Care and Support Worker Pay Equity Claim.

"Health NZ is not the employer of this workforce and is not a party to the claim," it said.

"However, Health NZ as a major funder, has been in ongoing discussions with employers to support them with resolving the claim made against them."

Last Updated 02/07/2024

RESOURCES

• https://www.rnz.co.nz/news/national/521014/care-workers-hold-rallies-for-pay-equity-across-nz

• E tū,

• PSA 

• New Zealand Nurses Organisation (NZNO)

• 1 July 2022 Care and Support Worker Pay Equity Claim