Full Breakdown
New Zealand’s Disability Support Services Bill Aims to Clarify Carer Employment Status
5/19/2026, 7:01:24 AM
Legislative Intent and Legal Context
On 27 April 2024 the New Zealand government introduced the Disability Support Services (DSS) Bill. The bill codifies that family members who receive DSS funding to provide paid care are not Crown employees, a clarification prompted by a 2023 Supreme Court decision that classified two full-time parent carers as government employees. The legislation also revisits provisions of the former Part 4A regime (2013-2020), which paid some family carers while restricting discrimination complaints.
Government Position
Disability Issues Minister Louise Upston said the Crown has never intended to employ family-member support workers and that the bill merely confirms existing practice. She said funding levels, eligibility criteria and service delivery remain unchanged. Upston announced a commissioned review to design a “fair, transparent and sustainable” support package for carers, to be completed by end-2024. The government says a statutory framework prevents policy being shaped solely by court rulings.
Opposition from Disability Advocates
Disability advocate Jane Carrigan called the bill “cruel and perverse” and the “worst piece of legislation” she has seen, arguing it limits legal remedies for the most vulnerable carers. She warned the proposal would strip “the only chance at legal remedy” for roughly 40 family-carer cases before the Employment Relations Authority. Lawyer Dr Huhana Hickey said the bill reinforces the assumption that families will fill gaps left by the state, describing it as “not natural support, but policy design built around withdrawal.”
Legal Landscape and Gaps
The Regulatory Impact Statement notes the bill was drafted without prior agency consultation, citing urgency and confidentiality. Officials warned that without the legislation, the Ministry of Social Development might need to restrict eligibility, flexible funding or service levels to manage fiscal pressures. Critics view the lack of consultation as a transparency gap.
Next Steps
The DSS Bill, which would not affect the two already successful claims, will have its first reading in Parliament tomorrow and then be referred to a select committee for public submissions. The committee’s report will shape any amendments before the bill proceeds. The government’s carers’ support package is slated for release by the end of 2024.
Verbatim Quotes
- “They're providing disability support services. The government's responsible, notwithstanding it bending over backwards in this legislation to suggest they aren't, for providing disability support services.” — Jane Carrigan, disability advocate
- “It's cruel and perverse... It has to be the worst piece of legislation I've ever seen.” — Jane Carrigan, disability advocate
- “It reinforces a long-standing assumption that families will step in where government support falls short.” — Dr Huhana Hickey, lawyer and disability advocate
- “Photo: RNZ 'Never the intention' Upston said there had "never been an expectation" that the Ministry of Social Development (MSD) would employ family member support workers.” — Louise Upston, Disability Issues Minister
