High Court weighs whether to formally recognise Bill of Rights breach in new voting rules
A Wellington High Court case challenges the 13-day voter enrolment deadline, with the plaintiff seeking a declaration that it violates the Bill of Rights.
In Wellington, Justice David Boldt heard a challenge to the Electoral Amendment Act’s new 13-day voter enrolment deadline. Christopher Carrol, a Waikato University law student, seeks a High Court declaration that the deadline breaches the Bill of Rights Act and disenfranchises up to 100,000 voters, especially Māori, Asian, Pasifika and younger citizens. While Boldt said he would not remain silent about the breach, he wondered if a lower-profile response would suffice.
Crown lawyer Peter Gunn argued the case is unpersuasive because Parliament was already aware of the inconsistency when it passed the law. The government maintains the changes improve election efficiency, and Justice Minister Paul Goldsmith warned that without reforms the situation could worsen. The court is unlikely to issue a ruling before the upcoming election, and any decision would not alter the legislation itself.
Why it matters
The case could set a precedent for how New Zealand courts enforce the Bill of Rights against future voting legislation.
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