NIUE, Disability Country Profile
 CONSTITUTION Constitution date 1974. Niue became a self -governing parliamentary democracy in free association with New Zealand, which retains responsibility for external affairs. The principal legislation for Niue is the Niue Constitution Act 1974 made by the New Zealand Parliament. In 1990, Victoria University, Wellington, completed the first full consolidation of the laws of Niue. The last material available at USP was dated 1997. The main legislation remains the NZ Niue Act. HUMAN RIGHTS After consultation with Niue, NZ ratified the UN Convention on Elimination of all Forms of Discrimination against Women (1981) in 1985, and therefore Niue adopts the Convention. SIGNATORY TO THE UNESCAP PROCLAMATION ON THE FULL PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION Signed in 1997 FOCAL POINT ON DISABILITY WITHIN GOVERNMENT N/A DISABILITY SPECIFIC LEGISLATION N/A NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUNCIL N/A NATIONAL DISABILITY POLICY N/A NATIONAL DISABILITY ACTION-PLAN N/A DISABILITY STATISTICS AND DATA COLLECTION N/A SELF-HELP ORGANISATIONS N/A WOMEN WITH DISABILITIES As noted CEDAW has been adopted. EARLY DETECTION, EARLY INTERVENTION AND EDUCATION S 23 A. (1) Duty of Director of Health to provide such medical and surgical services as maybe reasonably required and reasonably practicable (2) Niueans are eligible for free medical and surgical treatment, aid and assistance provided by any medical officer employed by Public Service. Section 61 requires the Cabinet to make provision for health welfare and other social services. This section also requires the Cabinet to establish and maintain public schools, and make other provisions to provide educational opportunities. No specific mention of persons with an intellectual disability in any provisions searched. TRAINING AND EMPLOYMENT ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT No specific information known. ACCESS TO INFORMATION AND COMMUNICATIONS No specific information known. POVERTY ALLEVIATION Section 61 requires provision of health and education services. It also requires the Cabinet to establish and maintain such other institutions and services and to make other provision as it considers necessary to provide a reasonable standard of living for Niue and to secure their economic social and cultural welfare. The Pensions and Benefits Act provides for benefits for those over 60. It also allows Niueans who are destitute or infirm to apply for a benefit. The Child Allowance Act 1995 creates an allowance for children up to 18 if remaining at school or to the same age for a disabled or disadvantaged child not at school. CRIMINAL LAW Criminal Codes. Section 238 Common Law defences to Criminal Charges." All rules and principles of the common law which render any circumstances a justification or excuse for any action, or defence to any charge remain in force…" Part XXVI Persons of Unsound Mind. Section 600 A "Medical Officer" may make application to the High Court for an order committing any person to medical custody on the grounds that the person is of unsound mind. Requires certificates of Director of Health or 2 Medical Officers that the person is of unsound mind and that Detention is necessary in his own interests or for the safety of other persons. An order may be made for a maximum of 6 months, but may be renewed with further certificates. Section 616 Any person charged with an offence in the High Court found to be of unsound mind so that he cannot understand the nature of proceedings shall not be tried but maybe detained at the Governor Generals pleasure. See also Section 620, a finding of natural imbecility or disease of the mind rendering incapable of understanding nature or quality of act may lead to acquittal on grounds of insanity. An order for medical custody can be made. A person who has charge of another who is unable to provide himself with the necessaries of life and care for himself by reason of age, sickness, insanity or any other cause is required to provide necessaries of life, and may be charged with omitting to perform duty without lawful excuse. Parent/s or persons in place of parents have duty to provide necessaries for children under 16. It is an offence to have sexual relations with any woman or girl who is an idiot or imbecile. Niue appointed a Public Defender from 1976. OTHER LAW Estates and Inheritance. Intestate Succession determined by custom or under New Zealand Administration Act. Marriage. There is no impediment to marriage for a person with a disability. Property law applies to any Niuean who is entitled to any interest in "any property, (other than an interest in Niuean land)". The jurisdiction is invested in the Land Court. It applies to any person under disability", being a minor, or of unsound mind, subject to any physical or mental infirmity, (or is in prison), who in the opinion of the Land Court is unfit to have the management of his property. The subject person or any other person may apply to the Land Court for a trustee order appointing any person/s to be trustee/s of the property. If an order is made, it must state the nature of the disability or minority. The Court may define or limit the powers of the trustee/s, and the property must remain in trust. 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