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The Attorney-General v Arthur William Taylor and Hinemanu Ngaronoa, Sandra Wilde, Kirsty Olivia Fensom and Claire Thrupp - SC 65/2017

Media releases

Summary

Civil Appeal – Whether the Senior Courts have jurisdiction to make declarations that Acts of Parliament are inconsistent with the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s declaration that s 80(1)(d) of the Electoral Act 1993 is inconsistent with the right to vote affirmed and guaranteed in s 12(a) of the New Zealand Bill of Rights Act 1990 and cannot be justified under s 5 of that Act – (cross-appeal) Whether the Court of Appeal erred in holding that Mr Taylor did not have standing to seek a declaration of inconsistency.

Result

A The applications for leave to appeal by the Attorney General and Mr Taylor are granted.
B The approved questions are whether:
(i) The Court of Appeal was correct to make a declaration of  inconsistency; and
(ii) Mr Taylor has standing.
30 August 2017 
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A The appeal is dismissed.
B The cross-appeal is allowed.  Mr Taylor accordingly has standing.
C Costs are reserved.
9 November 2018
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A The appellant must pay to the first respondent usual disbursements.
B The appellant must pay the second to fifth respondents costs of $15,000 or such lesser figure as evidenced by invoices produced to the Registrar.
C Any issues arising as to costs in the Court of Appeal in respect of Mr Taylor are to be dealt with in that Court.
27 February 2019

Hearing Transcripts

Related Documents

High Court decision — TAYLOR v ATTORNEY-GENERAL OF NEW ZEALAND [2015] NZHC 1706 [24 July 2015]

Leave judgment - leave granted — ATTORNEY-GENERAL v ARTHUR WILLIAM TAYLOR [2017] NZSC 131 [30 August 2017] (PDF 71 KB)

Substantive judgment — ATTORNEY-GENERAL v ARTHUR WILLIAM TAYLOR [2018] NZSC 104 [9 November 2018] (PDF 579 KB)

Additional document — Cost judgment: ATTORNEY - GENERAL v ARTHUR WILLIAM TAYLOR [2019] NZSC 18 [27 February 201 (PDF 221 KB)