Andersen Ginny; O'Connor GregNEW ZEALAND BILL OF RIGHTS ACT DECLARATION OF INCONSISTENCYVoting Age in the Electoral Act 1993 and the Local Electoral Act 2001Hon GINNY ANDERSEN (Minister of Justice): I move That the House take note of the Declaration of inconsistency: Voting age in the Electoral Act 1993 and the Local Electoral Act 2001.We are here to debate the declaration of inconsistency relating to the voting age for both parliamentary and local elections the Justice Committee's report on the declaration and the Government's response to the declaration. This is the first time the House has followed the new procedures in the New Zealand Bill of Rights Act for responding to a declaration of inconsistency. A declaration of inconsistency is a formal statement by a court or tribunal that an Act is inconsistent with fundamental human rights protected by the New Zealand Bill of Rights Act 1990. In November 2022 the Supreme Court issued a declaration of inconsistency stating that the voting age as 18 set out on the Electoral Act 1993 and the Local Electoral Act 2001 is inconsistent with the New Zealand Bill of Rights Act and the inconsistency had not been justified. The inconsistency arises because the New Zealand Bill of Rights Act sets out to be free from discrimination on the basis of age for those aged 16 and older.I would like to thank the Justice Committee for its report on the declaration. The committee received over 500 submissions and heard from 23 submitters. The committee recommended by majority that the Government amend the Local Electoral Act and investigate lowering the minimum voting age in general elections to 16. The majority said that the right to be free from age discrimination should only be limited by good justifications. Both the majority of the committee and the Supreme Court cited evidence provided by the Office of the Children's Commissioner in its report to the High Court. The evidence cited is that people in their mid-teens are generally able to make deliberative decisions such as voting decisions even if their ability to make more emotionally charged decisions remains underdeveloped. The majority on the committee also discussed the potential for a younger voting age to instil life-long voting habits.On 14 August the Minister of Local Government and I tabled the Government response to the declaration. After considering the declaration of inconsistency and the report produced by the Justice Committee it is the Government's view that the inconsistency should be eliminated to the extent possible. As part of the Government response the Minister of Local Government introduced the Electoral (Lowering Voting Age for Local Elections and Polls) Legislation Bill. This bill will lower the voting age to 16 for local elections only.There are strong arguments in favour of lowering the voting age: 16- and 17-year-olds are far more likely to be living at home be connected to their community and have a stable address than those just a few years older. New Zealand along with the rest of the world is facing significant issues such as climate change. Young people need to be involved in conversations about these issues and their views need to be heard including through the ballot box.I know there are some concerns about whether 16- and 17-year-olds are old enough for this sort of responsibility but let's stop and think about some of the things we already allow 16-year-olds to do. Sixteen-year-olds can be held criminally responsible for breaking the law they can choose to leave home they can choose where they want to live choose to leave school choose to refuse medical treatment apply for a driver's licence apply for a firearms licence and get an adult passport and yet we don't allow them to vote for their local councillor.As signalled by the Prime Minister in March of this year the Government has decided to focus on lowering the voting age for local elections only. The bill reflects the differences between how the voting age is set out in legislation. The provisions of the Electoral Act that set the voting age at 18 for parliamentary elections can only be amended if 75 percent of members in the House agree or there is a majority in a referendum. Preparing and progressing a bill that has no prospect of being passed into law would be a costly and time-consuming exercise that would not lead to any practical change. In contrast the voting age for local government elections can be amended by a simple majority. That is why the Government has decided to focus on a bill that lowers the voting age to 16 for local elections only. I hope that members will take a rights- and evidence-based approach to the future debate on this bill. We stand here as representatives of all our constituents not just the ones that are eligible to vote for us.Lastly I would like to acknowledge Make It 16 the advocacy group that initiated this case in the courts and the many other groups and individuals who have been calling on the voting age to be lowered for some time. The advocacy by youth on this issue shows that young people can lead important conversations about the changes that directly impact upon them and I commend them for this work.DEPUTY SPEAKER: The question is that the motion be agreed to.