Law:

Section:

Fundamental Rights--- ----Discrimination, freedom from---Voting rights---Minimum age for voting---Plea to lower minimum voting age from 18 years to 16 years---Provisions of the Electoral Act, 1993 and of the Local Electoral Act 2001 which provide for a minimum voting age of 18 years are inconsistent with the right in section 19 of the New Zealand Bill of Rights Act, 1990 to be free from discrimination on the basis of age; these inconsistencies have not been justified in terms of section 5 of the New Zealand Bill of Rights Act. Appellant was a lobby group advocating that the minimum voting age belowered from 18 years to 16 years. Appellant sought declarations that provisions setting minimum voting age at 18 years in Electoral Act, 1993 and Local Electoral Act, 2001 are inconsistent with right to freedom from discrimination on basis of age, protected by section 19 New Zealand Bill of Rights Act, 1990 (Bill of Rights). The first question that emerges in the present case is regarding the interaction between sections 12 and 19 of the Bill of Rights. Section 12 of the Bill of Rights protects voting rights as are currently prescribed at age 18. Section 19 ensures freedom from discrimination per the Human Rights Act (HRA) 1993. The HRA includes age as a prohibited ground of discrimination. In terms of section 21(1)(i) of the HRA, discrimination on the basis of age commences at age 16. It was contended that because section 12 explicitly refers to age 18 in voting rights, this prevails over section 19. Section 12 guarantees the right to vote to those aged 18 and over, but it does not constitute a breach of that right to extend the qualification of voters and lower the voting age. Section 12 is not a barrier to the relief sought; it does not limit the interpretation of section 19, with each provision able to coexist. The second question in the present case concerns whether or not the Electoral Act provisions limiting the minimum voting age to 18 years are a justified limit per Section 5 of the Bill of Rights. This requires that rights and freedoms protected in Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified…

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