Make It 16 Incorporated v Attorney-General - SC 14/2022
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- Make it 16 Incorporated v Attorney General SC 14/2022 (Recorded, 12 July 2022)
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Summary
Civil Appeal
Result
A Leave to appeal is granted (Make It 16 Inc v Attorney General [2021] NZCA 681).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
13 April 2022
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A The appeal is allowed. The decision of the Court of Appeal is set aside.
B A declaration is made that the 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 s 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 s 5 of the New Zealand Bill of Rights Act.
C Costs are reserved.
21 November 2022
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
13 April 2022
_____________________________________________________
A The appeal is allowed. The decision of the Court of Appeal is set aside.
B A declaration is made that the 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 s 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 s 5 of the New Zealand Bill of Rights Act.
C Costs are reserved.
21 November 2022
Date of Hearing
12 July 2022
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Kós JJ
Case Synopses
Submissions from counsel
- Hearing date 12 July 2022 Appellant Submissions (PDF 466 KB)
- Hearing date12 July 2022 Appellant outline of oral argument (PDF 148 KB)
- Hearing date 12 July 2022 Make it 16 Respondent submissions (PDF 467 KB)
- Hearing date 12 July 2022 Respondent outline of oral argument (PDF 229 KB)