Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Denial of Maori Prisoner Voting Rights Breaches Treaty

Denial of Maori Prisoner Voting Rights Breaches Treaty of Waitangi

13th June 2014

In its latest blog, Rethinking Crime and Punishment discusses ‘Prison lawyer’ Arthur Taylor’s claim to the High Court that the legislation denying prisoners the right to vote, is not only a breach of the Bill of Rights, but of Article Three of the Treaty of Waitangi.

Kim Workman points out that at the time the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010, the Attorney General had already advised Parliament that the legislation was unjustifiably inconsistent with the electoral rights affirmed by s 12 of the Bill of Rights Act. There was however, no consideration of its impact on Article Three of the Treaty of Waitangi, which extends to Maori all the rights and privileges of British Subjects.

“By denying prisoners the right to vote, Maori prisoners are not only also denied the right to vote, but are disproportionately disadvantaged. Maori are six times more likely than non-Maori to end up in prison, and therefore six times more likely to be deprived of the right to vote.”

“Maori are imprisoned at a rate of around 700 per 100,000, just under the general imprisonment rate in the USA. When imprisonment rates of an ethnic group reach that level, then the law operates to shift inequality into the political process, causing the disproportionate denial of the right to vote to Maori, and to a lesser extent Pacific peoples.”

“The outcome is that at the next general election about 4,300 Maori will be denied the right to vote. Given that we have a Maori Electoral Roll, seven Maori electoraties, and two parties with direct appeal to Maori voters, this restriction could impact on the election results. In the Taitokerau Maori seat, which covers Northland and West Auckland, there will be a close call between Internet- Mana’s Hone Harawira and the Labour Party’s Kelvin Davis. Around 22% of Maori in prison identify as coming from Ngapuhi and Te Taitokerau, and a one-quarter of all Maori live in the Auckland region.”

“It is possible that the government’s decision to deny Maori prisoners voting rights, could swing the result in either direction. If that happens, it could lead to legal proceedings about the lawfulness of the result, given that a significant number of Maori voters have been denied a treaty right.”

“We can but hope that the High Court finds a way of making a determination in this matter; hopefully before the election.”

Reference: http://blog.rethinking.org.nz/2014/06/the-prisoners-right-to-vote-enter.html

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On The Inadequate Response To Sexual Violence Prevention

On combatting sexual violence, the government has finally begun to undo some of the problems that were of its own making. Early in March, ACC launched the Integrated Services for Sensitive Claims scheme – a package aimed at improving the attitudes of ACC staff towards sexual violence victims, and offering them more substantive support.

Hopefully, this will help to reverse the damage done with the insensitive, punitive ACC policy put in place by the incoming Key government in 2009, which in some parts of New Zealand, saw 90 per cent of sexual violence victims being turned away by ACC. More>>

 
 

PARLIAMENT TODAY:

"To Help Families Get Ahead": April 1 Changes Kick In

Prime Minister John Key says Paid Parental Leave, the parental tax credit, the minimum wage and Superannuation will increase, while average ACC levies will fall, and more people will be helped in to home ownership... More>>

ALSO:

Climate: Ministers Exclude Emissions From ‘Environment Reporting'

The National Party Government has today revealed that the national environmental report topics for this year will, incredibly, exclude New Zealand’s greenhouse gas emissions, the Green Party said today. More>>

ALSO:

No Retrial: Freedom At Last For Teina Pora

The Māori Party is relieved that the Privy Council has cleared the final legal hurdle for Teina Pora who was wrongfully convicted of murder and sent to prison for 22 years. More>>

ALSO:

Germanwings Crash: Privacy Act Supports Aviation Safeguards In New Zealand

Reports that German privacy laws may have contributed to the Germanwings air crash have prompted New Zealand’s Privacy Commissioner to reassure the public that the Privacy Act is no impediment to medical practitioners notifying appropriate authorities to a pilot’s health concerns. More>>

ALSO:

Treaty: Taranaki Iwi Ngāruahine Settles Treaty Claims For $67.5mln

The settlement includes a $13.5 million payment the government made in June 2013, as well as land in the Taranaki region. The settlement also includes four culturally significant sites, the Waipakari Reserve, Te Kohinga Reserve, Te Ngutu o te Manu and Te Poho o Taranaki. More>>

ALSO:

Gordon Campbell: On A Funeral In Asia, The Northland By-Election, And News Priorities

Supposedly, New Zealand’s destiny lies in Asia, and that was one of Foreign Minister Murray McCully’s rationales for his bungled reforms at MFAT. OK. So, if that’s the case why didn’t Prime Minister John Key attend the state funeral on Sunday of Singapore’s founding leader Lee Kuan Yew? More>>

ALSO:

Werewolf Satire: Not Flag-Waving; Flag-Drowning

The panel choosing the flag options has no visual artists at all. Now, I’ve kerned the odd ligature in my time and I know my recto from my French curve so I thought I’d offer a few suggestions before they get past their depth. More>>

ALSO:

IPCA Reports: Significant Problems In Police Custody

In releasing two reports today, the Independent Police Conduct Authority has highlighted a number of significant problems with the way in which Police deal with people who are detained in Police cells. More>>

ALSO:

Inspector-General of Intelligence and Security: Inquiry Into GCSB Pacific Allegations

The complaints follow recent public allegations about GCSB activities. The complaints, and these public allegations, raise wider questions regarding the collection, retention and sharing of communications data. More>>

ALSO:

TPPA Investment Leak: "NZ Surrender To US" On Corporates Suing Governments

Professor Jane Kelsey: ‘As anticipated, the deal gives foreign investors from the TPPA countries special rights, and the power to sue the government in private offshore tribunals for massive damages if new laws, or even court decisions, significantly affected their bottom line’. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news