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

 

Judgment: Attorney-General v Taylor & Others (Prison Voting)

[Full judgment: AGvTaylor.pdf]

IN THE COURT OF APPEALOF NEW ZEALAND
CA470/2015 [2017] NZCA 215

BETWEEN THE ATTORNEY-GENERAL
Appellant
AND ARTHUR WILLIAM TAYLOR
First Respondent
HINEMANU NGARONOA, SANDRA WILDE, KIRSTY OLIVIA FENSOM AND CLAIRE THRUPP
Second to Fifth Respondents

[…]

JUDGMENT OF THE COURT
AThe appeal is dismissed.
BThe appellant must pay the second to fifth respondents’ costs for a complex appeal on a Band A basis with usual disbursements.


REASONS OF THE COURT
(Given byWild and Miller JJ)

Introduction
[1] In December 2010 Parliament amended the Electoral Act 1993, extending to all prisoners a prohibition on voting that was formerly restricted to prisoners sentenced to three or more years’ imprisonment.
[2] The respondents, five prisoners, brought a proceeding in the High Court seeking a declaration that the amending legislation, which we will call the 2010 Act, is inconsistent with the right to vote affirmed and protected by the New Zealand Bill of Rights Act 1990.

[…]

Result
[187] To answer each of the questions we setout at [4]:
(1) The higher courts of New Zealand have jurisdiction to make a DoI.
(2) The jurisdiction derives from the power of the higher courts to answer questions of law and is confirmed by the Bill of Rights.
(3) The power to make a DoI is discretionary and mustbe exercised with restraint. Its ambit is discussed above at [149]–[162].
[188] When considering the justification for legislation a court must be sensitive to parliamentary privilege. It may examine the parliamentary record to the extent that it is necessaryand useful, but it must not question the parliamentary treatment of the matter in issue.
[189] Finally, we have held that a DoI ought not to have been granted on MrTaylor’s application, because he lacked standing to ask for it. However, the DoI was made in a single proceeding in which all plaintiffs joined.223 That being so, the formal result is that the Attorney’s appeal is dismissed.

Costs
[190] Mr Taylor is the only respondent who is legally aided. The second to fifth respondentsare not, so we award them costs for a complex appeal on a Band A basis with usual disbursements.

[Full judgment: AGvTaylor.pdf]

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

There Is A Field: Reimagining Biodiversity In Aotearoa

We are in a moment of existential peril, with interconnected climate and biodiversity crises converging on a global scale to drive most life on Earth to the brink of extinction. However, our current worldview and political paradigm renders us incapable of responding adequately due to its disconnected and divisive default settings.

These massive challenges can, however, be reframed as a once in a lifetime opportunity to fundamentally change how humanity relates to nature and to each other. Read on The Dig>>

The Dig: Scoop’s Engaged Journalism Platform Launches
The Scoop Ecosystem has grown bigger with the launch of The Dig - a new public interest, in-depth, Engaged Journalism platform. More>>

 

Unscoped Or Missed Damage: Resolution For Canterbury Owners Of On-Sold Homes

People with over-cap on-sold* properties in Canterbury can now apply for a Government payment so they can get on and repair their homes. More>>

ALSO:

Hamilton-Auckland: First Urban Growth Partnership Signed

New Zealand’s first urban growth partnership between the Government, local councils and mana whenua was signed at a meeting of mayors, chairs and ministers in Hampton Downs today. More>>

ALSO:

Vote On Action Next Week: Secondary Principals Walk From Negotiations

“Unfortunately we consider there is no further value in continuing negotiations at this point. The government has not been able to table an offer that will be acceptable to our members.” More>>

Patrol Car Stolen, Glocks Taken: Manhunt In Gore

The driver rammed the patrol car before fleeing on foot with Police chasing, also on foot. The man has then circled back around, stolen the patrol vehicle, which had the keys left in it, and rammed another Police car... Two Police-issued Glock pistols were stolen. More>>

ALSO:

"Shocking And Dangerous": Accused Mosque Shooter's Prison Letter Posted Online

The man accused of the Christchurch mosque attacks has sent seven letters from prison and had two others withheld, Corrections Minister Kelvin Davis says. Corrections has now blocked the accused gunman from sending or receiving mail... More>>

ALSO:

Standing On List Only: Paula Bennett To Run National’s Election Campaign

The National Party is pleased to announce the appointment of Paula Bennett as our Campaign Chair for the 2020 General Election, President Peter Goodfellow says. More>>

Waiver For State Care Inquiry: Historic Abuse Survivors 'Can Speak Freely'

Abuse in state care survivors can take part in the forthcoming Royal Commission proceedings without being bound by any confidentiality obligations to Crown agencies under their historic claim settlements, Minister of State Services Chris Hipkins said. More>>

ALSO:

Trail Trial: Sexual Violence Court Reduces Lead-Up Times And Trauma

An evaluation of New Zealand’s first sexual violence court has confirmed that the approach taken in the judge-led pilot considerably reduces the time that cases take to reach trial. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels