NZSL Act 2006 Explanation

Disclaimer - This video is an explanation of the NZSL Act.

This explanation is not a legally enforceable document. The legal version of the Act is the English language version only.

1. Title – This Act is named the New Zealand Sign Language 2006, or in short, the NZSL Act.

2. Commencement – The Act starts on the day after the Governor-General signs it into law, called the Royal assent.

Preliminary provisions of the 2011 review of the 2006 NZSL Act

Part 1: Preliminary provisions. Part 1 explains what the Act is for, explains some of the words used in the Act, and states whether or not the government must follow the Act.
3. Purpose - The Act aims to promote and protect the use of New Zealand Sign Language in four ways:

(a) making New Zealand Sign Language an official language of New Zealand; and

(b) making sure New Zealand Sign Language can be used in some courts and tribunals and some other legal settings; and

(c) giving power to make rules about the skills that New Zealand Sign Language interpreters must have to work in Iegal proceedings; and

(d) giving rules to guide how government departments can promote and use New Zealand Sign Language.

4. Interpretation – This section explains the meaning of some words used in the Act.

“Deaf community”, in relation to the Act makes reference to two important things: language and culture.

(a) the group of people who are deaf and who prefer to use New Zealand Sign Language to communicate. It could be a person’s first language, or they may have learnt it later in life but either way, NZSL is the person’s preferred language.

(b) people who are deaf and who feel like they are part of the cultural group that prefers to use New Zealand Sign Language.

“government department”, in relation to the Act means — “government department” means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975.

“interpretation”, in relation to the Act means —

(a) when words originally spoken in English or Maori are then signed in New Zealand Sign Language; and

(b) when a message signed in New Zealand Sign Language, is then spoken in English or Maori or both.

“legal proceedings”, in relation to the Act means —

(a) any legal discussions that happen in some courts or tribunals listed in the Schedule attached to the Act.

(b) an examination by a coroner about how someone died; and

(c) proceedings before –

(i) a Commission or Inquiry under the Commissions of Inquiry Act 1908; or

(ii) a tribunal or other legal body that may be set up and given all or some of the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908 that has to investigate and report about any issues that is of special interest to the Deaf community.

“Minister” means that Member of Parliament appointed as a Minister responsible for making sure this Act is followed. The Prime Minister decides on this person, and this Minister will change from time to time.

“New Zealand Sign Language” or “NZSL” means the visual and gestural language that is the first or preferred language in New Zealand of the group of people who are deaf, and identify as being part of a Deaf cultural group.

“presiding officer”, in legal proceedings means the Judge or other person who controls the proceedings.

“translation”, in relation to New Zealand Sign Language, means these things –

(a) messages signed in New Zealand Sign Language that are then written down in English or Maori or both; and

(b) messages written in English or Māori or both that are then signed in New Zealand Sign Language.

5. Act binds the Crown – The Crown (the government) must follow this Act.

Part 2: New Zealand Sign Language Recognition. This Act recognises two things:

Principles to guide government departments.

9. Principles.

(1) When government departments are doing their work and using their powers, they should be guided by the following rules:

(a) the deaf community should be consulted on matters relating to NZSL (including, for example, the promotion of the use of NZSL);

(b) NZSL should be used in the promotion to the public of government services and in the provision of information to the public

(c) when government departments are working on making their services and information available to the public, they should make those information and services available to Deaf people in ways that suit them (for example, using NZSL).

(2) When a government department is seeking the views of the deaf community on issues relating to NZSL, the chief executive of that government department should arrange these discussions. The government department should talk with the persons or organisations that the chief executive of that department believes represents the interests of the deaf community.

(3) The reason for these rules is to encourage government departments to give the deaf community access to information and services. But these suggestions do not give deaf people the right to more access than any other people.

10. Reporting.

As explained, the Act contains rules to guide government departments on how to follow the Act.

(1) The Minister may from time to time give a report about the progress on how government departments are using those rules.

(2) The Minister’s report may be included in any report made under section 8(4) of the New Zealand Public Health and Disability Act 2000 on progress being made in achieving steps in the New Zealand Disability Strategy.

13. Regulations

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following reasons:

(a) setting rules about the standards of skill that a NZSL interpreter working in legal proceedings must have;

(b) rules to set the standards of skill for NZSL interpreters in legal proceedings must include how these skills will be assessed;

(c) make regulations for any purpose required by this Act or to make sure the Act can be set up and followed.