Family carers can be supported without being deemed state employees: disability issues minister
The government has announced the introduction to Parliament of the Disability Support Services Bill, which seeks to set a clear framework and foundation for the operations of Disability Support Services, covering thousands of disabled New Zealanders.
“Disability Support Services (DSS) plays a vital role in people’s lives, but it’s been operating without a clear legislative foundation,” said Louise Upston, disability issues minister, in a news release.
The government noted that the proposed legislation aims to improve the system’s clarity, stability, consistency, fairness, transparency, and sustainability. Specifically, the government explained that the bill aims to improve understanding of:
“This Bill clarifies that DSS funding is a contribution toward disabled people being able to live an everyday life,” Upston said. “It makes clear that families and whānau have responsibility for the wellbeing of their members in the first instance and where appropriate.”
The government pointed out that the planned legislation will not alter current services, funding allocations, or recipients of disability support services. According to the government, under the bill, eligible disabled people, their whānau, and carers will keep receiving the support they need.
The government shared that the proposed legislation also seeks to respond to issues that the Supreme Court of New Zealand highlighted in a 9 December 2025 decision.
In that case, two appellants each provided full‑time care to their respective adult disabled children. Before the Employment Court of New Zealand, the appellants separately commenced proceedings alleging that they were homeworkers and thus Ministry of Health employees.
The Employment Court agreed that the appellants were employees because they were both homeworkers. The attorney-general appealed with full or partial success to the Court of Appeal of New Zealand.
In Fleming v Attorney-General [2025] NZSC 188, the Supreme Court held that the appellants were state employees.
“This Bill doesn’t affect those two successful claims however I believe there are better ways to recognise and support carers than treating family members as state employees,” Upston said in the government’s news release. “I have commissioned further work in this space and will be consulting on a package for carers.”
Upston expects to provide more updates soon on the government’s work to better recognise support for carers.
Upston noted that the bill builds on the government’s efforts to stabilise support after the 2024 independent review, as well as introduce a nationally consistent assessment process and increased choice over flexible funding over the last two years.
“For the first time, support for families’ and carers’ needs, including respite options for carers, are now part of the assessment,” Upston said. “From 1 April 2026, disabled people with flexible funding gained more choice and control over their supports.”
After the planned legislation’s first reading, the government expects to refer it to the Social Services and Community Committee for consideration.
