Ngaronoa v Attorney-General

[2018] NZSC 123

FOR A COURT READY (FEE REQUIRED) VERSION PLEASE FOLLOW THIS LINK

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 
SC 102/2017
 [2018] NZSC 123

BETWEEN	HINEMANU NGARONOA, SANDRA WILDE AND ARTHUR WILLIAM TAYLOR Appellants
AND	ATTORNEY-GENERAL First Respondent
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Second Respondent
ELECTORAL COMMISSION Third Respondent

Hearing:	26 March 2018
Court:	Elias CJ, William Young, Glazebrook, O’Regan and Ellen France JJ
Counsel:	R K Francois for Appellants Ngaronoa and Wilde F M R Cooke QC, P A Joseph and E M Gattey for Appellant Taylor U R Jagose QC, P T Rishworth QC and D J Perkins for First Respondent
Judgment:	14 December 2018

JUDGMENT OF THE COURT

A        The appeal is dismissed.

B        There is no order for costs.

____________________________________________________________________

REASONS

Para No.
William Young, Glazebrook, O’Regan and Ellen France JJ	[1]
Elias CJ	[72]

WILLIAM YOUNG, GLAZEBROOK, O’REGAN AND ELLEN FRANCE JJ
(Given by Ellen France J)

Table of Contents

Para No.
Introduction	[1]
The statutory scheme	[5]
The Bill of Rights	[6]
The Electoral Act 1993	[8]
The judgments in the Courts below	[23]
The approach of the parties	[28]
The interpretation of s 268(1)(e)	[35]
The statutory language of s 268(1)	[36]
The legislative history	[49]
The purpose of entrenchment	[59]
Does the Bill of Rights mandate a different interpretation?	[65]
Conclusion	[70]
Costs	[71]

Introduction

1. Section 268 of the Electoral Act 1993 (the Act) provides that a number of the other provisions in the Act may only be amended or repealed if passed by a majority of 75 per cent of members of the House of Representatives or carried by a majority of electors at a referendum.  The provisions protected or entrenched in this way are described as the “reserved provisions”.[1]  The issue before us is what is meant by the description of the reserved provisions in s 268(1)(e), namely: 

   section 74, and the definition of the term adult in section 3(1), and section 60(f), so far as those provisions prescribe 18 years as the minimum age for persons qualified to be registered as electors or to vote:

   [1]Electoral Act 1993, s 268(1).

2. Section 74 sets out the qualifications for registration as an elector and as an electoral candidate.  Broadly, every adult person is qualified to be registered if he or she is a New Zealand citizen or a permanent resident and meets various residential requirements.  Section 3(1) defines an adult as a person of or over the age of 18 years.  Section 60(f) deals with the ability of a member of the New Zealand Defence Force outside New Zealand to vote, relevantly, if he or she is of or over the age of 18 years on polling day.

3. The present question about the meaning of s 268(1)(e) arises out of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 (the 2010 Amendment).  The effect of the 2010 Amendment is that all persons sentenced to a term of imprisonment after the commencement of that Act…