Government Response to the Family Carers Case

Regulatory impact statement

Publication Date: 
17 May 2013

Updated Date: 10 February 2016

This 2013 regulatory impact statement provided an analysis of options to respond to the Courts’ decisions on the Family Carers case and options for managing risks associated with the Government’s preferred response. The Courts found that the Ministry’s policy prior to 2013 of not paying family carers (parents, spouses and resident family members) to provide disability support services to disabled family members did not comply with the New Zealand Bill of Rights Act 1990 because it was unjustifiable discrimination on the basis of family status.

In 2013, the Government decided that the immediate focus of its response would be on the issues that directly arose from the Courts’ decisions, which was the discrimination that arose within Ministry of Health funded home and community support services through not paying parents and resident family members to provide these services to their adult disabled family members.

The Statement included analysis of policy options to address this discrimination, including regulatory impacts. In 2013, the Government’s preferred response to the Courts’ decisions carried a number of significant risks and issues, including legal risks. The Statement included advantages and disadvantages of proceeding to implement the policy response and options for reducing the associated risks, including legislative options. Legally privileged sections were redacted.

Since 2013, there have been several requests for the unredacted versions of the 2013 statement. In 2016, following discussions between Crown Law and the Ombudsman, a further version with more information was made available. The Ombudsman confirmed that the rest of the redactions could remain for the reasons originally stated. The version of the statement from 2016 is available on this page.

Regulatory impact statements

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