He Aha i Pērā Ai? The Māori Prisoners’ Voting Report
WAI 2870 - Māori Prisoners' Voting Rights Inquiry
The Waitangi Tribunal’s He Aha i Pērā Ai? The Māori Prisoners’ Voting Report reports on three claims concerning section 80(1)(d) of the Election Act 1993, which excludes sentenced prisoners, including Māori prisoners, from registering as an elector and thus from being able to vote.
The three claims were brought by Joel Twain McVay, Rhys Warren, Hinemanu Ngaronoa, Sandra Wilde, and Marrissha Matthews (Wai 2472); Carmen Hetaraka on behalf of Ngāti Wai prisoners, Māori prisoners and Māori generally (Wai 2842); and Dr Rawiri Waretini-Karena, Donna Awatere-Huata, and Pirika Tame (Tom) Hemopo (Wai 2867).
The common complaint of the claims was that section 80(1)(d) is inconsistent with the principles of the Treaty of Waitangi and has resulted in significant prejudice to Māori. The claims were heard under urgency.
The Tribunal panel comprised Judge Patrick Savage (presiding officer), Kim Ngarimu, and Ron Crosby. Hearings for the inquiry were held during May 2019.
The Tribunal found that section 80(1)(d) of the Electoral Act 1993 breached the principles of the Treaty. The Tribunal further found that the Crown has failed in its duty to actively protect the right of Māori to equitably participate in the electoral process and exercise their tino rangatiratanga individually and collectively.
The Tribunal also found that disenfranchising Māori prisoners has continued to impact on the individual following their release from prison and that impact extends beyond the individual to their whānau and their community.
The Tribunal made three recommendations:
- the legislation is amended urgently to remove the disqualification of all prisoners from voting, irrespective of sentence;
- the Crown start a process immediately to enable and encourage all sentenced prisoners and all released prisoners to be enrolled in time for the next general election in 2020; and
- a process is implemented to ensure Crown officials provide properly informed advice on the likely impact that any Bill, including members’ Bills, will have on the Crown’s Treaty of Waitangi obligations.
