21 Nov 2022
MAKE IT 16 INCORPORATED v ATTORNEY-GENERAL [2022] NZSC 134
- Citation
- [2022] 1 NZLR 683
- Court
- Supreme Court
The Supreme Court (majority) held that the statutory minimum voting age of 18 in the Electoral Act 1993 and the Local Electoral Act 2001 discriminates against 16 and 17 year olds contrary to s 19 of the NZBORA and that the Attorney-General had not demonstrated the discrimination was a justified limit under s 5; accordingly a declaration of inconsistency should be made (while recognising Parliament retains sole power to decide any legislative response and that s 12 does not preclude such a declaration in this context).