New law bans bias against disability assist dogs

INDEPENDENCE: Nola Burgess with her retired guide dog, Noelle. She says she would not have been able to manage the last 38 years without her assist dogs. Picture by Paul Rickard

Discrimination against disability assist dogs will now be treated as discrimination against the person.

The introduction of new legislation has been welcomed by CCS Disability Action Gisborne general manager Colene Herbert.

The Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Bill had its first reading in Parliament last month.

CCS Disability Action supported the bill and saw it “as a great step forward”, Ms Herbert said.

“This change is needed because disability assistance dogs perform an invaluable service to many New Zealanders living with disability who rely on the skills of their disability assistance dog to enable their participation in society on a daily basis.”

The bill clarifies that discriminating against a person for having or using a disability assist dog is discriminating against the person on the basis of their disability.

Green Party MP Ricardo Menendez is in charge of the bill.

He said disabled whānau members had reported they were discriminated against because they had a service dog.

This was particularly in housing where property managers had declined rental properties to people with a disability assist dog.

“Even though we have provisions in the Dog Control Act, people who are being discriminated against don't have the means via the Human Rights Act to file a complaint,” Mr Mendendez said.

“The language used in the Human Rights Act wasn't precise enough to include people with disability assist dogs.”

Nola Burgess, 86, has successfully worked with four guide dogs in Tairāwhiti. In 2018 she was awarded a Queen's Service Medal in the Queen's Birthday Honours, for her services to people with disabilities, particularly the blind.

She said without her guide dog she would have been lost.

“There was one time when I was at a shop and they told me that I couldn't bring the dog in. I said if I couldn't bring her in, I wouldn't come in either. We are a team.”

Mrs Burgess's dog Noelle is retired now and is a beloved companion.

But Mrs Burgess said since Noelle has retired “it has been dreadful for me without her”.

“I can't go anywhere for pleasure or for necessity without having to have somebody escort me and not everyone is free to help me all the time. My family is in another district. It's not feasible to call them and ask them to come and take me to town.

“I don't know how I would've managed the last 38 years without a guide dog because it has given me independence.”

Gisborne's Pukeko Rental manager Anna Lovett said she personally supported the bill.

“Disability assist dogs perform an invaluable service to many and should definitely not be discriminated against, particularly within the housing rental market. It's not your average domestic animal we are talking about. No one should be denied services solely based on needing a disability assist dog.”

Ray White Gisborne's Hamish Harrison, director and property investment manager, said there should be no extra difficulty for people with service animals or other disabilities, other than “finding a property that is suitable for their requirements”.

“The proposed bill is great news and will prevent uneducated landlords or property managers from discriminating against these tenants. This bill will also bring more awareness to tenants with disabilities.”