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

PM's Speech: NZ Moves To Red


Nine COVID-19 cases reported yesterday in the Nelson/Marlborough region have now been confirmed as the Omicron variant, and a further case from the same household was confirmed late yesterday....
More>>

ALSO:


Gordon Campbell: On Responding To The Need In Tonga


The power of the Tonga eruption (and the size of the aid response being mounted) have been sobering indications of the scale of this disaster. The financial impact is certain to exceed the damage done by Cyclone Harold two years ago, which was estimated at the time to cost $US111 million via its effects on crops, housing and tourism facilities. This time, the tsunami damage, volcanic ash, sulphur dioxide contamination and villager relocation expenses are likely to cost considerably more to meet...
More>>



 
 



Science Media Centre: Omicron Outbreak Would Move The Country To Red - Expert Reaction

The Prime Minister has announced if Omicron cases spread into the community, the country will move to the traffic light system's Red setting within 48 hours. Jacinda Ardern also mentioned there will be changes to the country's testing regime, with more use of Rapid Antigen Tests... More>>


Government: New Zealand Prepared To Send Support To Tonga

New Zealand is ready to assist Tonga in its recovery from Saturday night’s undersea eruption and tsunami, Foreign Affairs Minister Nanaia Mahuta and Defence Minister Peeni Henare said today... More>>


Ministry of Health: COVID-19 Immunisation Starts For 5 To 11-year-old Tāmariki

More than 120,000 doses of the child (paediatric) Pfizer vaccine have been delivered to over 500 vaccination sites around New Zealand as health providers prepare to start immunising 5 to 11-year-olds tamariki from today, 17 January... More>>



Statistics: Departures Lift Border Crossing Numbers

The number of people crossing New Zealand’s border went up in November 2021, mostly due to an increase in departures, Stats NZ said today. There were 28,700 border crossings in November 2021, made up of 12,300 arrivals and 16,400 departures... More>>


Financial Services Federation: Open Letter To Government From Non-bank Lenders: The Path Forward On CCCFA Changes
Responsible lenders are not interested in telling the Government “I told you so” when it comes to unintended consequences of changes to lending laws that are now causing grief for everyday Kiwis seeking finance... More>>

CTU: Too Many Kiwi Workers Financially Vulnerable As Omicron Looms
With New Zealand on the precipice of an Omicron outbreak and the economic upheaval that comes with it, the CTU’s annual Mood of the Workforce Survey shows the vast majority of kiwi workers do not have the financial resources to survive a period of unemployment... More>>

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels