| Case ID |
42af9555-43ff-4a36-8d1a-d222ac1620d8 |
| Body |
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| Case Number |
[2022] NZSC 134 |
| Decision Date |
Nov 21, 2022 |
| Hearing Date |
Jul 12, 2022 |
| Decision |
The Supreme Court found that the provisions of the Electoral Act 1993 and the Local Electoral Act 2001, which set a minimum voting age of 18 years, are inconsistent with the right in section 19 of the New Zealand Bill of Rights Act 1990 to be free from discrimination based on age. The Court determined that these inconsistencies have not been justified under section 5 of the Bill of Rights. The appeal was allowed, and a declaration was made regarding the inconsistency of the voting age laws. The decision of the Court of Appeal was set aside, and costs were reserved. |
| Summary |
In a landmark ruling, the Supreme Court of New Zealand addressed the critical issue of voting rights and age discrimination in the case of Make It 16 Incorporated v Attorney-General. The case centered around the constitutionality of the minimum voting age set at 18 years under the Electoral Act 1993 and the Local Electoral Act 2001. The appellant, a lobby group advocating for a lower voting age, argued that the existing law discriminated against individuals aged 16 and 17, violating their rights under section 19 of the New Zealand Bill of Rights Act 1990. The Court examined the interplay between sections 12 and 19 of the Bill of Rights, concluding that while section 12 protects the right to vote for those aged 18 and over, it does not preclude lowering the voting age. The Court ruled that the lack of justification for maintaining the age limit of 18 years indicated a breach of rights, leading to the declaration of inconsistency. This decision highlights the importance of inclusivity in democratic processes and sets a precedent for future discussions regarding voting rights for younger citizens, emphasizing the need for legislative review in line with societal maturity and competency standards. |
| Court |
Supreme Court of New Zealand
|
| Entities Involved |
Not available
|
| Judges |
WINKELMANN CJ,
GLAZEBROOK,
OREGAN,
ELLEN FRANCE,
K S J
|
| Lawyers |
J S McHerron,
G K Edgeler,
E B Moran,
C M McCracken,
A M Powell,
A P Lawson
|
| Petitioners |
MAKE IT 16 INCORPORATED
|
| Respondents |
ATTORNEY-GENERAL
|
| Citations |
2023 SLD 552,
2023 CLD 426
|
| Other Citations |
Not available
|
| Laws Involved |
New Zealand Bill of Rights Act, 1990,
Electoral Act, 1993,
Local Electoral Act, 2001,
Human Rights Act, 1993
|
| Sections |
12,
19,
268(1)(e),
21(1)(i)
|