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Ngaronoa v Attorney-General Taylor v Attorney-General - [2017] 3 NZLR 643

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Court of Appeal Wellington
CA145/2016; [2017] NZCA 351
10, 11 May, 17 August 2017
Winkelmann, Asher and Brown JJ
Elections and polls — Parliamentary elections — Whether legislation disqualifying all prisoners from voting valid — Whether legislation contrary to a reserved provision — Whether restricted from amending provision without special majority — Approach to statutory interpretation — Whether disqualification contrary to New Zealand Bill of Rights Act 1990 — Legislative history — New Zealand Bill of Rights Act 1990, ss 5, 6, 9, 12, 12(a), 19.
Constitutional law — Elections — Right to vote — Whether legislation disqualifying all prisoners from voting valid — Whether legislation contrary to a reserved provision — Whether restricted from amending provision — Application of Treaty of Waitangi and Declaration of Independence 1835 — Aids to statutory interpretation — Declaration of Independence 1835 — Treaty of Waitangi 1840.
Human rights — Discrimination — Whether legislation disqualifying all prisoners indirect discrimination of Māori — Appropriate comparator — Discrimination on basis of political opinion — New Zealand Bill of Rights Act 1990, ss 9, 12(a), 23(5).
Human rights — New Zealand Bill of Rights Act 1990 — Whether legislation disqualifying all prisoners from voting breach of New Zealand Bill of Rights Act 1990 — Right not to be subjected to degrading or disproportionately severe treatment — Rights of persons detained — New Zealand Bill of Rights Act 1990, ss 9, 23(5)

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