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Hinemanu Ngaronoa, Sandra Wilde and Arthury William Taylor v The Attorney-General of New Zealand, The Chief Executive of the Department of Corrections and The Electoral Commission - SC 102/2017

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Summary

Civil Appeal – Electoral Act 1993 – Whether the Court of Appeal erred in finding that s 268(1)(e) entrenches only that part of s 74 which relates to the age for registration as an elector – Whether the Court of Appeal erred in finding that s 80(1)(d) is not directly or indirectly discriminatory and does not involve a breach of the New Zealand Bill of Rights Act 1990.

Result

A  The application for leave to appeal is granted on the question of whether the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 purported to amend an entrenched provision of the Electoral Act 1993 and thus required a 75 per cent majority to be passed.
B The application is otherwise dismissed.
C  There is no costs award.
6 December 2017
________________________
A The appeal is dismissed.
B There is no order for costs.
14 December 2018

Hearing Transcripts

Related Documents

High Court decision — WILLIAM TAYLOR & ors v THE ATTORNEY-GENERAL OF NEW ZEALAND [2016] NZHC 355 [4 March 2016]

Court of Appeal decision — NGARONOA v THE ATTORNEY-GENERAL OF NEW ZEALAND [2017] NZCA 351 [17 August 2017]

Leave judgment - leave granted — HINEMANU NGARONOA, SANDRA WILDE, AND ARTHUR WILLIAM TAYLOR v ATTORNEY-GENERAL [2017] NZSC 183 [6 December 2017] (PDF 194 KB)

Substantive judgment — HINEMANU NGARONOA & ORS v ATTORNEY-GENERAL & ORS [2018] NZSC 123 [14 December 2018] (PDF 632 KB)