A judgement delivered by the High Court in the recent case of Taylor v Attorney-General has deemed New Zealand’s blanket ban on prisoner voting a breach of the New Zealand Bill of Rights Act.
Five prisoners had taken the matter to the High Court to challenge the legitimacy of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010, which the plaintiffs claim “breached the right to vote set out in s 12(a) of the New Zealand Bill of Rights Act 1990”.
A press release by the New Zealand High Court says the result of the case means a “declaration of inconsistency” was made when the National Party created the ban in 2010. “The legislation is both inconsistent with the Bill of Rights and unable to be justified under that Act.”
Justice Heath, one of the judges presiding over the case, said in his judgment that a democracy is “built around the idea that a state is governed by elected members of a legislative body”. For this reason, “the right to vote is arguably the most important civic right in a free and democratic society”.
The verdict, however, does not mean prisoners can now vote in referendums, general or local elections. In New Zealand, parliament is the sole law-making body; MPs can create or abolish any laws they please, so long as they do so through due process.
Andrew Geddis, professor of law at the University of Otago, said he is skeptical any changes will be made following the decision.
“We have the full force of the judicial branch behind that finding. However, in the end it is up to parliament … to decide what to do about that fact,” said Geddis. “If it chooses to do nothing and just ride out whatever criticism results, then there is no way to force them to act … If I were a betting man, I’d say the law won’t be changed.”
Jacinda Ardern, the Labour Party spokesperson for justice, argues that the law should not be the same for all prisoners.
“There are certain liberties removed from an individual when they are imprisoned, but I do think that there is a line that can be drawn between those that are more likely to be engaging back in the community in a short time, and those who are not,” said Ardern.
“[Labour] do think there is a rationale behind someone with shorter term sentences voting.”