Andrew Geddis: “Declarations of Inconsistency” under the New Zealand Bill of Rights Act 1990

UK Constitutional Law Association

As in the United Kingdom, the question of whether prisoners should be permitted to vote has generated considerable constitutional interest for New Zealand. Largely that is due to the efforts of a long term prisoner and “jailhouse lawyer”, Arthur Taylor, who has mounted something of a one-man campaign against 2010 legislation that stripped the right to vote from all sentenced prisoners.

In Mr Taylor’s latest sortie, Attorney General v Taylor [2017] NZCA 215, the New Zealand Court of Appeal has upheld a High Court decision (Taylor v Attorney General [2015] NZHC 1706) to issue the following formal declaration:

Section 80(1)(d) of the Electoral Act 1993 (as amended by the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010) 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…

View original post 1,816 more words

Andrew Geddis: New Zealand’s Supreme Court Considers Prisoner Voting – Twice

UK Constitutional Law Association

New Zealand’s Supreme Court has twice in the past two months turned its attention to the vexed issue of prisoner voting. Its first decision, Attorney-General v Taylor, upheld by a 3-2 majority a declaration that the legislative ban on all sentenced prisoners voting is inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA). Its second decision, Ngaranoa v Attorney-General, found by a 4-1 majority that as this legislative ban did not amend any of the “reserved” provisions in the Electoral Act 1993, no question arose as to its validity. This post outlines each decision, before making some general comment on what they reveal about the Court’s approach to constitutional issues.

The background to the issue

In 2010, New Zealand’s Parliament passed a member’s bill in the name of a backbench MP from the then-governing National Party by a 63-58 vote margin. This Bill amended the Electoral…

View original post 1,376 more words

Walter Williams Suffers No Fools

Testing bullet proof glass in 1932

Thomas Sowell – Preferential Policies (Fascinating 1990 Interview)

Why Does My Cat ROLL OVER When He Sees Me?

The Wire – Spiros and Marlo discuss business

UN compact: Peters’ supporters fear he hasn’t put NZ First

Point of Order

Deputy PM Winston Peters has lit  a firestorm  in his own support base  over  the government’s decision to sign the controversial UN Migration Compact—a  move  National   says  it  will overturn.

NZ First’s  Facebook  page  went into overdrive as  one-time NZ  First voters voiced their anger.  After all, NZ  First  campaigned strongly   against  the previous  government’s  immigration policies  and  stood  out in demanding  stricter controls on  migration.

Now the party appears willing to  adopt the UN’s  rules on open, regular migration.

So  did  Peters  miscalculate?  In  Parliament   he had been using the UN compact to  bait  National,  because it  was the government  in 2016 when offering support as the compact was being initiated.

View original post 666 more words

Meat Loaf Anything for love grand gala du Disc 1993

Anti-science @NZGreens’ wishy washy choice policy sides with the anti-vaccination movement

Previous Older Entries

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

(macro)Economics live from London

Franck Portier's professional page

Catallaxy Files

Australia's leading libertarian and centre-right blog

Climate Audit

by Steve McIntyre

The Secret Barrister

Independent Blogger of the Year, The Comment Awards 2016 & 2017

Notes On Liberty

Spontaneous thoughts on a humble creed

StephenFranks.co.nz

A New Zealand lawyer, ex-MP, farmer and enthusiast for life opines on law, politics and the universe

Books & Boots

reflections on books and art

Legal History Miscellany

Posts on the History of Law, Crime, and Justice

The Dangerous Economist

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Sex, Drugs and Economics

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

The Long Run

the EHS blog

The Undercover Historian

Beatrice Cherrier's blog

Vincent Geloso

Economics, History, Lots of Data and French Stuff

Climatism

Tracking Anthropogenic Climate Alarmism

Science Matters

Reading between the lines, and underneath the hype.

Point of Order

Politics and the economy

FREEcology

Libertarian environmentalism

Doc's Books

A window into Doc Freiberger's library

Newmark's Door

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Media Myth Alert

Calling out media myths

Uneasy Money

Commentary on monetary policy in the spirit of R. G. Hawtrey

European Royal History

Exploring the History of European Royalty

Tallbloke's Talkshop

Cutting edge science you can dice with

Marginal REVOLUTION

Small Steps Toward A Much Better World

THE COLUMBOPHILE

The blog for those who LOVE Lieutenant Columbo...

The Risk-Monger

Let's examine hard decisions!

NOT A LOT OF PEOPLE KNOW THAT

“We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to inquire. We know that in secrecy error undetected will flourish and subvert”. - J Robert Oppenheimer.

STOP THESE THINGS

The truth about the great wind power fraud

Trust, yet verify

Searching for the missing pieces of climate change communication

Roger Pielke Jr.

professor, author, speaker

commentisfreewatch.wordpress.com/

Promoting fair and accurate coverage of Israel

Economics in the Rear-View Mirror

Archival Artifacts from the History of Economics

Ideas

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Velvet Glove, Iron Fist

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Lindsay Mitchell

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Alt-M

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

croaking cassandra

Economics, public policy, monetary policy, financial regulation, with a New Zealand perspective

%d bloggers like this: