REASONS
Para No.
[1]
[73]
[122]
Glazebrook and Ellen France JJ
Elias CJ
William Young and O’Regan JJ
GLAZEBROOK AND ELLEN FRANCE JJ
(Given by Ellen France J)
Table of Contents
Introduction
Background
Prisoner voting
The approach in the Courts below
The statutory scheme
Does the High Court have power to make a declaration of
inconsistency?
The submissions
The approach to date
Is the making of a declaration contemplated by the Bill of Rights?
Consistency with judicial function?
Mr Taylor’s standing – the cross-appeal
The decision to grant a declaration in this case
Result
Para No.
[1]
[6]
[7]
[13]
[20]
[25]
[25]
[29]
[38]
[52]
[68]
[70]
[71]
Introduction
[1]
The primary issue raised by this appeal is whether the High Court has the
power to make a declaration that legislation is inconsistent with the provisions of the
New Zealand Bill of Rights Act 1990 (the Bill of Rights). The issue arises in the
context of an amendment in 2010 to the Electoral Act 1993.
The Electoral
(Disqualification of Sentenced Prisoners) Amendment Act 2010 (the 2010
Amendment) extended the prohibition on voting to all prisoners. Prior to the 2010
Amendment, the prohibition was confined to prisoners sentenced to a term of
imprisonment of three years or more.