Two landmark cases that have already gone through the courts expose the governments hypocrisy, yet Luxon’s dubious crew seems content to shrug off judicial rulings like they’re mere suggestions. This isn’t just disingenuous; it’s a deliberate erosion of the people's rights that should worry every Kiwi who values democracy.
Yesterday, RNZ reported:
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When Parliament considers a bill that is potentially inconsistent with "the human rights and fundamental freedoms" set out in the Bill of Rights, the Attorney-General delivers a report explaining the inconsistencies.
This is supposed to be a deterrent, and one might think it would be the end of the matter. Unfortunately, that is not the case. Adverse attorney-general reports have appeared regularly (there have been 15 since 2021) without blocking legislation.
Let’s start with Attorney-General v Taylor. In 2015, the High Court, upheld by the Supreme Court in 2018, declared the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 inconsistent with the New Zealand Bill of Rights Act 1990. The blanket ban on prisoner voting was ruled an unjustified limit on the fundamental right to vote, with Justice Heath slamming its arbitrary nature. It meant petty offenders lost their vote if jailed during an election, while serious criminals free between elections didn’t. The Attorney-General at the time, Christopher Finlayson, admitted the law’s flaws before it even passed, yet it went ahead.
Fast forward to 2025, and Justice Minister Paul Goldsmith is pushing to reinstate this ban, defying the courts and expert advice. This isn’t about principle; it’s about pandering to a rabid “tough on crime” base, consequences be damned. Then there’s Make It 16 Incorporated v Attorney-General. In 2022, the Supreme Court ruled that setting the voting age at 18 unjustifiably discriminates against 16- and 17-year-olds, breaching their Bill of Rights protections against age discrimination. The court’s message was clear: young people deserve a say in their future.
Yet Luxon, then Opposition Leader, dismissed the ruling with a flippant “18’s just fine,” and his government has since killed a bill that would’ve lowered the voting age for local elections. Then there's the government's argument about prisoner voting rights. Luxon simply doesn't care what the courts ruled. This isn’t reasoned policy-making; it’s a refusal to engage with a constitutional dialogue the courts have demanded. Parliament is legally obligated to respond to such declarations, but Luxon’s crew acts like the law doesn’t apply to them.
The government’s dismissal of these rulings reeks of bad faith. On one hand, they claim to champion democracy, yet they’re happy to strip voting rights from prisoners and deny young people a voice, ignoring judicial checks designed to protect our rights. Luxon’s rhetoric about “drawing a line” is hollow when it’s drawn to exclude the vulnerable and the young. The courts have spoken: these laws are inconsistent with our democratic values.
By ignoring Taylor and Make It 16, the government isn’t just inconsistent…it’s actively undermining the rule of law. Kiwis deserve a government that respects court rulings, not one that picks and chooses when to care about people’s rights. New Zealand therefore deserves a change in government.
