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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-2101 [2015] NZHC 355
BETWEEN ARTHUR WILLIAM TAYLOR, JOEL
TWAIN MCVAY, RHYS WARREN, EDWARD VINCENT ROLLO Prisoner of Auckland (and Kaikohe - Fourth Applicant)
First, Second, Third and Fourth Applicants
HINEMANU NGARONOA, SANDRA WILDE, MARITTA MATTHEWS Prisoners of Christchurch
Fifth, Sixth and Seventh Applicants
AND
THE ATTORNEY-GENERAL OF NEW ZEALAND
Public Servant of Wellington
First RespondentTHE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Second Respondent
THE ELECTORAL COMMISSION Third Respondent
Hearing: 27-29 October 2015 Counsel:
RK Francois for Applicants
PT Rishworth QC, DJ Perkins and EJ Devine for RespondentsJudgment:
4 March 2016
JUDGMENT OF FOGARTY J
This judgment was delivered by me on 4 March 2016 at 4.30 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date: ………………………….
TABLE OF CONTENTS
The parties [1] Introduction to the principal issue [2] Was Section 4 of the 2010 Act lawfully enacted – the principal issue [10] Introduction to review arguments [17] The applicants’ standing to sue [28] The litigation to date [33] The applicants’ opening statement [39] New Zealand’s Constitution [43] New Zealand’s constitutional legitamacy [48]
Legislative history of the Electoral Acts –
- shifting policies on prisoners’ right to vote [59]
The purpose of this litigation [69]
The validity of the 2010 Amendment –
- did it require a 75 per cent majority? [70]
Is this a New Zealand Bill of Rights issue? [71]
Hansen reasoning [79] The applicants’ interpretation of s 268(1)(e) [87] This Court’s analysis and resolution of the interpretation issue [97]
Conclusion [110] Subsidiary issues [111] The Court of Appeal’s understanding of discrimination [136]
Treaty of Waitangi [153] United Nations Declaration on the Rights of Indigenous Peoples [154] Result [156]
The parties
[1] The applicants are all prisoners in the legal custody of the Department of Corrections. The first respondent, the Attorney-General is sued by reason of being responsible for exercising all his powers, duties and functions subject to the New Zealand Bill of Rights Act 1990 (NZBORA). The second respondent is sued on the basis that he is responsible for ensuring that the Corrections system operates in accordance with all applicable laws. The third respondent is the Electoral Commission, sued on the basis that it is responsible for facilitating participation in a democracy, exercising powers under the Electoral Act whose acts are subject to NZBORA, and responsible for ensuring the Maori electoral system operates in accordance with all applicable electoral laws.
Introduction to the principal issue
[2] This case is principally about whether all prisoners have been lawfully barred from voting in parliamentary elections. Prior to 2010, certain prisoners were disqualified from registering to vote by s 80(1)(d) of the Electoral Act 1993 (the Act) which provided:
80. Disqualifications for registration-
(1) The following persons are disqualified for registration as electors:
…
(d) A person who, under-
(i) A sentence of imprisonment for life; or
(ii) A sentence of preventive…
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- AGLC
- Taylor v Attorney-General [2016] NZHC 355
- Case
- [2016] NZHC 355
- Decision Date
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Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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