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Local Government Key Legislation — A step closer to voting at age 16

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Commentary has been added discussing the Supreme Court ruling in Make It 16 Inc v Attorney-General [2022] NZSC 134 that preventing 16 and 17-year-olds from voting is unjustified age discrimination in breach of the Bill of Rights.

The Supreme Court in Make It 16 Inc v Attorney-General [2022] NZSC 134 considered the statutory minimum voting age of 18 years for general and local elections. The Court confirmed the finding of the Court of Appeal that the age limit had not been shown to be a justified limit on the right of freedom from age discrimination under the New Zealand Bill of Rights Act 1990. The Supreme Court concluded the Court of Appeal made an error by declining to issue a declaration of inconsistency. A declaration was made that the provisions of the Electoral Act 1993 and of the Local Electoral Act 2001 providing for a minimum voting age of 18 years are inconsistent with the right in s 19 of the Bill of Rights to be free from discrimination on the basis of age.

Commentary has been added to Westlaw NZ in the following location:

Local Electoral Act 2001, s 20 (see [LE20.01])

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