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Our court case

The big idea

It all began at the Youth Parliament 2019, when a group of Youth MPs noticed a clear contradiction in how young people were treated in New Zealand’s democracy.

At 16 and 17, they were trusted to debate major national issues like climate change, the economy, and mental health. They could write speeches, take part in select committees, and engage directly with real policy. But despite this, they were not allowed to vote in elections, simply because they were under 18.

This raised an important question. If young people are already capable of participating in the political process in meaningful ways, why are they excluded from having an actual say at election time?

From this moment, the idea for Make It 16 began to take shape.

Shortly after, legal experts got in touch and highlighted that this wasn’t just a political issue, it was also a human rights issue. They explained that two key laws in New Zealand appeared to conflict with each other. One law protects the right to vote at 18, while another protects people from age discrimination from the age of 16. With support from these lawyers, Make It 16 decided to take this question to court and challenge the system.

What was the case about?

The case was about whether New Zealand’s laws treat 16 and 17-year-olds fairly when it comes to voting.

On one hand, the New Zealand Bill of Rights Act 1990 says that people have the right to be free from discrimination, including discrimination based on age from 16 onwards.

On the other hand, the Electoral Act 1993 sets the voting age at 18, meaning 16 and 17-year-olds are not allowed to vote.

Make It 16 argued that this difference in treatment is a form of age discrimination, and therefore breaches their human rights.

The case asked a key question:

If people are protected from age discrimination from 16, is it fair or lawful to stop them from voting until they turn 18?

The goal

Our goal was to secure a ✨Declaration of Inconsistency ✨

This is when a court formally says that a law breaches people’s rights under the New Zealand Bill of Rights Act 1990.

In this case, we argued that setting the voting age at 18 breaches young people’s right to be free from age discrimination.

If granted, a declaration does not automatically change the law. Courts in New Zealand cannot rewrite legislation. Instead, it formally recognises that a law is inconsistent with human rights and sends a strong signal to Parliament that the issue needs to be addressed.

We followed a similar pathway to a court case about prisoner voting rights, where a declaration helped lead to political action and eventually a change in the law.

First stop

The Wellington High Court

In late 2019, Make It 16 filed its case in the High Court with support from pro bono lawyers. The case centred on whether the voting age of 18 unjustifiably discriminates against 16 and 17-year-olds under the New Zealand Bill of Rights Act.

In October 2020, the High Court released its decision. It agreed that the voting age does create age-based discrimination, but ultimately ruled that this limitation was justified and declined to issue a formal declaration of inconsistency. While this was not the outcome we had hoped for, it confirmed that discrimination existed and gave us a strong foundation to continue the fight through the courts.

What the court said

“The limit of 18 years… is a limit on the right to freedom from discrimination…”
“…this limitation is justified in a free and democratic society.”

See official judgment

What this means

The Court agreed that “the voting age does discriminate against 16 and 17-year-olds.” However, it also decided that “This discrimination is justified”

This meant the Court did not grant a declaration of inconsistency.

Make It 16 disagreed with this outcome and continued the case, aiming to show that the discrimination is not justified and should be formally recognised as inconsistent with human rights.

Watch the documentary about this court case here

Next stop

The Court of Appeal

In 2021, Make It 16 took the case to the Court of Appeal, continuing to push for a formal recognition that the law breaches young people’s rights. In New Zealand’s court system, cases can be appealed to a higher court when there are questions about how the law has been interpreted or applied. The High Court said age discrimination existed but because they also said it was justified, this allowed us to challenge the High Court’s decision.

By the end of the year, the Court of Appeal agreed that the voting age of 18 was inconsistent with the right to be free from age discrimination and that the government had not sufficiently justified it. However, the Court declined to issue a formal declaration, stating that the issue was ultimately one for Parliament. While this was another partial win, it allowed the case to progress to the Supreme Court.

What the court said

“...the Attorney-General has not established that the limits on the right of 16 and 17 year olds to be free from age discrimination… are reasonable limits that can be demonstrably justified in a free and democratic society.”

“The issue is very much in the public arena already. It is an intensely and quintessentially political issue… on which there are a range of reasonable views.”

“We choose to exercise restraint and decline the application for declarations.”

See official judgment

What this means

The Court of Appeal agreed that the voting age does discriminate against 16 and 17-year-olds. It also found that the government had not clearly justified keeping the voting age at 18. However, it decided not to issue a declaration of inconsistency.

This meant there was still no formal legal signal to Parliament to change the law.

We disagreed with this outcome and pushed on! We continued the case to the next level and went to the Supreme Court. This level is often reserved only for cases that involve issues of significant national importance.

Final chance

The Supreme Court

In early 2022, Make It 16 took the case to the Supreme Court, New Zealand’s highest court, highlighting the national significance of the issue.

This moment represented years of campaigning, legal work, and growing public support.

On 21 November 2022, the Supreme Court ruled in Make It 16’s favour and issued a Declaration of Inconsistency, confirming that the voting age of 18 is unjustified age discrimination under the Bill of Rights. This was only the second time in history that the Supreme Court had made such a declaration.

The ruling was a major milestone. While it did not automatically change the law, it required the government to respond and intensified political and public pressure.

What the court said

“A declaration is made that the provisions… which provide for a minimum voting age of 18 years are inconsistent with the right… 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.”

“This particular piece of legislation is incompatible with the Convention. It is now for Parliament to decide what to do about it.”

See official judgment

What this means

WE WON!!! 🎉

The Court confirmed that setting the voting age at 18 treats 16 and 17-year-olds differently based on age.

It said the government did not have a strong enough reason to justify this difference. Because of this, the law breaches the right to be free from age discrimination.

The Supreme Court made a formal declaration of inconsistency and said it was now up to Parliament to decide whether to change the law

On the same day that we won our Supreme Court case, the government announced plans to introduce legislation to lower the voting age. This was huge!

WE WON AND WE GOT A BILL!

Read about the bill

Our court case

The big idea

The legal argument

What was the case about?

The goal

First stop

The Wellington High Court

What the court said

What this means

Next stop

The Court of Appeal

What the court said

What this means

Final chance

The Supreme Court

What the court said

What this means

Contact

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