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Local Electoral Matters Bill (Consistent) (Section 14) [2018] NZBORARp 32 (22 March 2018)
New Zealand Bill of Rights Act Reports
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Local Electoral Matters Bill (Consistent) (Section 14) [2018] NZBORARp 32 (22 March 2018)
Last Updated: 3 January 2019
22 March 2018
Hon David Parker, Attorney-General
LEGAL ADVICE
LPA 01 01 23
Consistency with the New Zealand Bill of Rights Act 1990: Local Electoral
Matters Bill
Purpose
- We
have considered whether the Local Electoral Matters Bill (‘the
Bill’) is consistent with the rights and freedoms affirmed
in the New
Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).
- We
have not yet received a final version of the Bill. This advice has been prepared
in relation to the latest version of the Bill
(PCO 20943/5.2). We will provide
you with further advice if the final version contains amendments that affect the
conclusions in
this advice.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act. In reaching
that conclusion, we
have considered the consistency of the Bill with s 14 (freedom of expression).
Our analysis is set out below.
The Bill
- The
Bill amends the Local Electoral Act 2001 and the Electoral Act 1993. The
amendments are intended to provide more flexible local
electoral arrangements,
so those arrangements can adapt to changing circumstances. The
amendments:
- allow
trials of new voting methods to be conducted in local elections;
- require
the Electoral Commission, on request of a local authority, to supply
electors’ date of birth information;
- prohibit
date of birth information being published on the electoral
roll;
- allow
researchers to access voter age information for the purposes of research
relating to voter participation; and
- enable
local authorities and researchers to seek information from the Electoral
Commission in relation to electors in local board
areas.
Consistency of the Bill with the Bill of Rights Act
Section 14 – Freedom of expression
- Section
14 of the Bill of Rights Act affirms that everyone has the right to freedom of
expression, including the freedom to seek,
receive, and impart information and
opinions
of any kind in any form. The right has been interpreted as
including the right not to be compelled to say certain things or to provide
certain information.1
- Subject
to some conditions, provisions in the Bill compel the Electoral Commission to
provide electors’ date of birth information
to local authorities, and
voter age information to researchers, on request. These provisions appear to
impose a prima facie limitation
on s 14 of the Bill of Rights Act.
- The
objectives of compelling this information are to enable date of birth
information to be used in future voting methods and voter
authentication, and to
enable analysis of voter participation by age group. We consider any limit on
the freedom of expression is
justified in light of these objectives, the minimal
privacy interest in date of birth and age information, and the prohibition on
publishing date of birth information on the electoral roll. We note the Bill
also includes requirements for secure storage of date
of birth
information.
Conclusion
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Edrick Child
Acting Chief Legal Counsel Office of Legal Counsel
1 RJR-MacDonald Inc. v
Canada (Attorney General) 1995 3 SCR 199.
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