New Zealand: Prisoner Voting and Consistency with the New Zealand Bill of Rights Act 1990
The New Zealand High Court case of Taylor v. Attorney-General resulted in a formal declaration that the law removing the right to vote from all sentenced New Zealand prisoners is inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA), in that it limits the legislatively guaranteed right to vote in a way that cannot be justified in a free and democratic society. This analysis considers the pre-Taylor uncertainties around the availability of declaratory relief under the NZBORA. The author then examines why the issue of prisoner voting provided a compelling case for such relief. The article concludes with some cautionary thought on the effectiveness of the remedy in the New Zealand context.
Publisher: Sweet & Maxwell
Keywords: Human rights; Taylor v Attorney-General; New Zealand
Research Type: Journal Article