Supreme Court rules in favour of ‘Make It 16’

Photo: RNZ / Nate McKinnon

The Supreme Court has declared that preventing 16 and 17-year-olds from voting is unjustified age discrimination.

The judgement is part of the third stage of Make It 16's legal bid.

After failing in the High Court and the Court of Appeal, the Make it 16 group took their case to the Supreme Court earlier this year.

They argue that the voting laws are inconsistent with the Bill of Rights Act on the basis of age discrimination, and wanted the Courts to make a declaration of inconsistency.

Justice Ellen France said the Court of Appeal was wrong not to make a declaration and have granted the appeal.

Parliament recently passed a bill which means that any declaration of inconsistency that comes from the courts gets put up to special debate

In the courtroom this morning, members of the Make it 16 group were crying and holding hands as Justice France read the decision.

Time to extend the voting age

The Green Party is calling on the Government to take immediate action to lower the voting age to 16.

The Supreme Court today ruled that preventing 16 and 17-year-olds from voting is unjustified age discrimination.

'Young people deserve to have a say in the decisions that affect them, both now and in the future. We are calling on the Government to come to the table with a plan to change the law to extend the voting age,” says Green Party electoral reform spokesperson, Golriz Ghahraman.

'Today's Supreme Court decision that 16 and 17 year olds do have the right to vote is a testament to the hard word and passion of all the young people who fought tirelessly to uphold their basic right to have a say in how their country is run. It is a massive win for democracy.

'The judgement of the Court finds that Parliament has for decades been in breach of young people's basic human rights. Now is the time to do what's right and strengthen our democracy to include the voices of 16 and 17 year olds.

'Every political party in our House of Representatives has a responsibility to listen when our Courts find that we have not been doing right by our people. The only response is to change that breach now. Doing nothing is simply not an option.

'Only Parliament can change the voting age. And so while this decision is huge, there is still lots of work to do. The good news is that there is an easy fix, which is to pick up the parts of my Strengthening Democracy Member's Bill, which would lower the voting age to 16 – and it could be done in time for the 2023 election.

'Democracies like ours, in Europe, the UK and Canada all have either already extended voting rights to 16 and 17 year olds or are currently changing their laws. Complying with the Supreme Court's call would keep New Zealand's democracy among the most modern and inclusive.

'Not only would this change create a more representative democracy, but it would also provide more opportunities to engage young people in politics while they're at school,” says Golriz Ghahraman.

-Additional reporting by RNZ.

10 comments

Good grief !

Posted on 21-11-2022 12:05 | By Helo1

Ahh well….there goes the neighbourhood, absolutely crazy!


Agenda 101

Posted on 21-11-2022 12:41 | By an_alias

Just more agenda and politics as this age group is highly susceptible to the govt's influence.


Young people...

Posted on 21-11-2022 12:55 | By morepork

... should be encouraged to follow the issues and debate them sensibly. Why have an age limit at all? If they can read and write (fewer and fewer can...) they should be able to vote. I know some very bright 8 year-olds who could contribute meaningfully... This is a bad judgement (which indicates the overall state of our Justice system) and reflects the flailing panic of a failed Government who are desperately trying to get a return on their Education investment, where youth have been inculcated with the government's spun view of history and "right thinking". Raised on a diet of past grievance, co-governance, spun interpretations of the Treaty, and appointment of unelected elite as replacement for Democracy, how would you expect them to vote?


Great result for the group.

Posted on 21-11-2022 13:11 | By The Professor

Great result for the group. Parliament now need to listen and lower the voting age to 16. I find it amazing that 16 years old can go to work, pay tax but can't say how their money is spent. If people are not allowed to vote until they are 18, then allow people under the age of 18 to earn without having to pay tax. We can't have the best of both words. Can't help think that the Greens will be the ones wanting this pushing through as quick as the most, because they will undoubtedly benefit hugely as young ones are fixated on saving the planet. Good work 'Make it 16'.


Stupid decision

Posted on 21-11-2022 15:22 | By Tga Citizen

Obviously, if the voting age is reduced to 16, then the criminals aged 16 and over will be sent to the adult prisons. Of course, for a true democratic result it would be put to a referendum, not just a few out of touch with the real world judges. Of course I knew everything when I was 16 - 18. It was only when I got older I got slightly wiser (I hope).


Socialists

Posted on 21-11-2022 15:35 | By Slim Shady

It suits this Government and the Greens to have impressionable people and/or illiterate people on the roll. It’s why prisoners were given the vote. Its why flipping between the Maori roll and General roll, which will undoubtedly lead to duplicate voting, is coming. It’s why truancy and illiteracy rates are world leading and this Government does little to rectify it. They will do anything to keep their vote base up.


Democracy

Posted on 21-11-2022 16:36 | By CliftonGuy

I am almost 72 and I am unable to vote for my city council, thanks to Nania Mahuta. Yet they want 16 year olds to vote? I am unable to see how a 16 year old will have the maturity to evaluate the abilities of the parties and candidates. It is tough enough to get them to school nowadays. Something is wrong here.


What a crock

Posted on 21-11-2022 16:38 | By Andrew64

If the Court’s decision is based on age discrimination what about those under 16? Where does it stop? The only reason the Greens are pushing this is because young people have no clue and tend to vote Green because it’s trendy to be Green whereas in reality almost everything the Green Party stands for is a myth.


Hmmm

Posted on 21-11-2022 16:42 | By Let's get real

Really only one winner from this debacle and that will be the Green movement. Years of indoctrination in climate change and other Green issues in the classroom. It seems to me that teaching environmental issues is a lot easier to accomplish than the three R's and the deteriorating educational standards of school leavers currently tends to support my beliefs


Oh My Gosh

Posted on 22-11-2022 07:12 | By Yadick

Now their supposed rights have been breached next they'll probably want a formal apology and compensation. If they lower the age then the age of accountability for adult law must also be lowered. Prison then becomes an option for serious offenders and not just recidivism. Can't have your cake and eat it too. Of the course the Greens want this pushed through. More votes from their brainwashing of influential 'kids'.


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