High Court Wellington
CIV-2014-404-2101; [2016] NZHC 355
27, 28, 29 October 2015; 4 March 2016
Fogarty J
CIV-2014-404-2101; [2016] NZHC 355
27, 28, 29 October 2015; 4 March 2016
Fogarty J
Elections and polls — Parliamentary elections — Whether legislation disqualifying all prisoners from voting is valid — Extent to which qualification of voters entrenched as reserved provision — Whether disqualification of prisoners contrary to New Zealand Bill of Rights Act 1990 — New Zealand Bill of Rights Act 1990, ss 9, 19 and 23.
Constitutional law — Elections — Whether legislation disqualifying all prisoners from voting is valid — Extent to which qualification of voters entrenched as reserved provision — Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010, s 4.
Human rights — Discrimination — Whether disqualifying all prisoners from voting indirect discrimination against Maori — Definition of appropriate comparator to determine discrimination — New Zealand Bill of Rights Act 1990, s 19.
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