Goods and services
It is unlawful to refuse or fail to supply goods, services or facilities, or to supply them on different terms, by reason of disability. Digital services are included.
NZ HRC
New Zealand · Public & Private
What is New Zealand’s accessibility framework?
New Zealand enforces digital accessibility through the Human Rights Act 1993 (anti-discrimination), the NZ Government Web Accessibility Standard (mandatory for government), the NZ Government Web Usability Standard, and the UN CRPD obligations the Government accepted in 2008.
HRA enacted
10 August 1993
Enforced by
NZ Human Rights Commission
Govt technical target
WCAG 2.2 Level AA
CRPD ratified
25 September 2008
New Zealand does not have a single “digital accessibility act”. Instead the framework is three-layered: the Human Rights Act 1993 (HRA), which prohibits disability discrimination in the supply of goods and services (s. 44); the New Zealand Bill of Rights Act 1990, which binds public bodies to freedom from discrimination (s. 19); and the NZ Government Web Accessibility Standard, which mandates technical compliance for government websites and digital services.
Enforcement of the HRA runs through the Human Rights Commission (HRC), which receives complaints, offers mediation, and can refer matters to the Human Rights Review Tribunal. The Tribunal can award declaratory relief, damages (up to $350,000), and restraining orders.
For the public service, the binding technical standard is the NZ Government Web Accessibility Standard 1.1 administered by the Department of Internal Affairs (DIA). It requires conformance with WCAG 2.2 Level AA (the standard was uplifted from 2.1 to 2.2 in 2024) and extends to mobile apps, PDFs and third-party supplied services.
New Zealand is also a State Party to the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified in 2008, which includes Article 9 (Accessibility) covering ICT. The CRPD drives policy direction via the New Zealand Disability Strategy 2016–2026.
Scope
Who must comply?
The Human Rights Act applies to all providers of goods and services. The Web Accessibility Standard binds Public Service and non-Public Service departments. State-owned enterprises, Crown entities and local government are strongly encouraged and increasingly caught by procurement requirements.
Public Service departments. All 32 Public Service departments (Ministry of Business, Innovation & Employment, Ministry of Health, etc.) are mandated to comply with the Web Accessibility Standard and the Web Usability Standard.
Non-Public Service departments and NZDF. NZ Defence Force, NZ Police, NZ Security Intelligence Service, GCSB — all mandated.
Crown entities. ACC, NZ Qualifications Authority, TEC, NZ Transport Agency, etc. Not automatically in scope but the Cabinet-circulated expectation is compliance. Many have adopted the standard voluntarily.
Local government. Councils are not bound by the Government Web Accessibility Standard but are bound by the Human Rights Act and the NZ Bill of Rights Act. Best practice is WCAG 2.2 AA.
Private sector. Every business providing goods or services to the public is bound by HRA s. 44. There is no “small business” exemption. WCAG 2.2 AA is the defensible standard.
Education providers. Universities, Te Pūkenga, schools. Bound by the HRA and, if public-sector, by the Web Accessibility Standard. Learning-management systems explicitly in scope.
Key requirements
What the HRA and Web Accessibility Standard require
The Standard translates WCAG into operational requirements. The HRA adds an overriding duty not to discriminate — which captures issues even where the Standard is silent.
Employment
Employers must not discriminate in employment based on disability. Captures internal systems, intranets, HR systems, staff tools.
Conform to WCAG 2.2 AA
The NZ Government Web Accessibility Standard v1.1 requires conformance with WCAG 2.2 Level AA for websites, web applications and mobile-optimised content.
Mobile apps and third-party content
The Standard explicitly includes mobile apps, third-party SaaS used by agencies, embedded video, and PDFs and Office documents published by the agency.
Web Usability Standard
Companion mandate. Specifies domain names, URL style, metadata, SSL, search and mobile usability. Not WCAG but shares audit cycles.
Publish an accessibility statement
Each Public Service website must publish an accessibility statement covering conformance, known non-compliance, alternatives and contact. DIA publishes a template.
All-of-Government procurement
Master services agreements reference the Standard. Any ICT service purchased for Public Service departments must demonstrate conformance.
Accessibility Charter
All Public Service departments signed a Cabinet-endorsed Accessibility Charter in 2018 committing to accessible services, information and procurement. A policy backstop to the Standard.
Accessible notices
Where the Privacy Act requires notice (e.g. collection, correction), the notice itself must be accessible to the person. Intersects with HRA s. 44 and the Web Accessibility Standard.
Accessibility — international law
Under Article 9 of the CRPD, NZ has reporting obligations to the UN Committee on the Rights of Persons with Disabilities. The Standard is part of NZ’s Article 9 implementation.
Penalties & enforcement
What non-compliance costs
Complainants can seek remedies through the Human Rights Commission and the Human Rights Review Tribunal. Public bodies additionally face monitoring from DIA and reputational consequences.
$350,000
Tribunal damages cap
The Human Rights Review Tribunal can award damages for humiliation, loss of dignity and injury to feelings up to a maximum of NZD 350,000. There is no cap on the total value of declaratory or restraining orders.
Orders
Declaratory and restraining orders
The Tribunal can order the respondent to make specified changes — rebuild content, provide alternatives, publish corrections. Non-compliance is enforceable in the High Court.
Public
DIA monitoring and reporting
The Department of Internal Affairs monitors Public Service websites against the Standard and reports to Ministers. Non-compliance is published via the DIA website.
Costs. Unlike some jurisdictions, costs in the Human Rights Review Tribunal are awarded cautiously — but a losing respondent on a well-evidenced HRA claim should expect to pay the complainant’s reasonable legal costs.
Ombudsman jurisdiction. The Office of the Ombudsman can investigate complaints about public bodies’ decision-making, including decisions that fail accessibility obligations. Outcomes are reported to Parliament.
Aggregate reputational cost. The NZ Disability Strategy 2016–2026 and the Enabling Good Lives approach mean accessibility failures are politically salient. Ministers answer to Parliament for agency non-compliance.
Deadlines
Key NZ accessibility milestones
NZ’s approach has moved from general anti-discrimination (HRA 1993) to structured government standards (from 2003) to WCAG 2.2 alignment (2024). International CRPD obligations reinforce the direction.
10 August 1993
Human Rights Act commences
Prohibits disability discrimination in goods, services, employment and education. Foundational legal basis for NZ web-accessibility claims.
2003
e-Government Web Standards
First version of central government web accessibility guidelines. Required WCAG 1.0 Priority 1.
25 September 2008
NZ ratifies UN CRPD
New Zealand becomes a State Party to the UN Convention on the Rights of Persons with Disabilities. Article 9 accessibility obligations accepted.
2013
Web Accessibility Standard 1.0
First version of the mandatory Public Service Web Accessibility Standard. Required WCAG 2.0 Level AA.
2016
NZ Disability Strategy 2016–2026
10-year strategic framework. Commits to accessible information, communication and digital services.
2018
Accessibility Charter
All Public Service chief executives sign the Accessibility Charter. Publicly commits to accessible services and procurement.
2019
Standard v1.1
Standard updated to WCAG 2.1 Level AA. Scope clarified for mobile apps and third-party content.
2024
Uplift to WCAG 2.2 AA
DIA guidance moves the Standard to WCAG 2.2 Level AA in line with international direction (EN 301 549, EU, UK, AU).
How to comply
Your NZ compliance checklist
For public-sector agencies the Web Accessibility Standard and Web Usability Standard are mandatory. For everyone else, HRA s. 44 makes WCAG 2.2 AA the defensible baseline. The practical checklist is the same.
Conform to WCAG 2.2 Level AA
This is the current NZGWAS baseline and the reasonable HRA standard. Automated plus manual testing, including screen reader (NVDA/VoiceOver), keyboard, zoom and reflow.
Audit PDFs and Office documents
PDFs are a frequent NZGWAS compliance gap. Use tagged PDFs (PDF/UA-1), correct reading order, alt text, accurate language attribute, Title.
Publish an accessibility statement
Use the DIA template for Public Service. For private sector, mirror the structure: standard, non-conformances, alternatives, contact, last review date.
Check mobile apps separately
iOS and Android apps must conform to WCAG 2.2 AA where applicable. TalkBack and VoiceOver testing. Colour contrast in custom components.
Review third-party / SaaS vendors
A vendor’s inaccessible product cannot shield the contracting agency. Demand an accessibility conformance report from every vendor. Write conformance into the contract.
Train content authors
Heading structure, link text, alt text, tables, plain language. Many NZGWAS failures are content-side rather than code-side.
Document HRA reasonable-adjustment requests
Record requests for accessible alternatives, response times and outcomes. The paper trail is the defence in any HRC complaint.
Plan for the Web Usability Standard
Domain, URL style, search, metadata, mobile usability. Operates alongside NZGWAS. Fails here are separately reportable.
Next step
Audit your NZ site against WCAG 2.2 AA
Because NZGWAS 1.1 and HRA s. 44 reasonable-service obligations both run through WCAG 2.2 Level AA, a WCAG audit is the evidence you need. Our checker maps every failure to the NZ Standard clause and the relevant WCAG criterion.