The Voting Age: Democracy or Discriminatory?
By Renee Wells
On Monday 24 August, the advocacy group ‘Make it 16’ took to the High Court to present their case regarding New Zealand’s voting age. The Court is set to determine whether the current voting age of 18 is an unjustified form of age discrimination, inconsistent with s 19 of the New Zealand Bill of Rights Act 1990.[1] The group is seeking a Declaration of Inconsistency[2] from the Courts if this can be found.
Legislation
Section 19 of the New Zealand Bill of Rights Act[3] states that every person has the right to freedom from discrimination on the grounds provided in the Human Rights Act 1993.[4] Age is a prohibited ground of discrimination under s 21(1)(i) of the Human Rights Act.[5] Under this section, age discrimination against any person aged 16 or over is prohibited. So why is the voting age set at 18?
In order to change the voting age set by the Electoral Act 1993 a 75% vote is required by Parliament, or a majority vote in a public referendum.[6] Although the voting age is incorporated in legislation, if it is found to be inconsistent with the New Zealand Bill of Rights, the courts will issue a Declaration of Inconsistency.
What is a Declaration of Inconsistency?
A Declaration of Inconsistency is a way for the Courts to communicate to Parliament that legislation has infringed the rights set out in the New Zealand Bill of Rights Act. Although a Declaration of Inconsistency will not force Parliament to make any changes to the current voting age in New Zealand, it may put political pressure on them to review the legislation in question and initiate reform.
What Would Changing the Voting Age Mean for the Future of Aotearoa?
Changing the voting age may seem to be a very significant decision, yet many do not realise that the voting age in New Zealand was 21 for over 150 years until it was reduced to 20 in 1969, and again to 18 in 1974. All of these ages were determined to be the “age of maturity” at these points in time, when young voters were deemed old enough to be able to form their own political opinions.
The point at which young adults reach maturity was deemed to be 18 years old almost 50 years ago today, so should another review of this outdated threshold not be in order? The age of maturity is said to be 25, so why is the threshold age for voting set at 18?
Technology has become an important tool in influencing political change, as young people are engaging in politics on their phones every day. The sheer amount of resources available through modern technology means that young people no longer have to base their political opinions on how their parents vote. The youth of today have all the resources required to form their own opinions, so why should they not be allowed to have their say in the future of their country?
Lowering the voting age would almost certainly result in an increase in younger voters. Younger voters are the voice of the future, and the School Strike 4 Climate demonstrated how the youth of Aotearoa are actively engaging in politics, and voicing the many problems that need to be addressed by the government.
Fees Free for first year university students was one of Labour’s main campaign promises in 2017, yet most of those who would be affected by it were not old enough to vote.
What determines the age of maturity will always be up for debate. 16 year olds are allowed by law to work full-time, own a gun, drive and consent to sex, yet they are not allowed to get married without the permission of a judge, buy alcohol or serve in the army.
Nicola Willis of the National Party has stated National’s opposition to lowering the voting age, her justification being that “people were potentially vulnerable to parental coercion at 16". Conversely, the argument could be made that 18-year-olds are just as susceptible to parental coercion, as many 18-year-olds are still living with their parents.
A significant motivation for changing the voting age should be that this will encourage more young people to vote, in turn allowing New Zealand a more representative and stronger democracy. In 2017, approximately 30% of 18-24 year olds who were enrolled to vote did not vote in the election. This is a significant proportion of the younger population that chose not to vote, and it is said that if you do not vote in your first eligible election, you are less likely to vote in the next one.
There is a need to promote voter participation in the younger population, as the rate is rapidly declining globally. One of the main points established in a survey carried out by Victoria University was that if the voting age does change, it should be accompanied by political education in schools. Political education would positively impact our young peoples’ understanding of the democratic process, resulting in an increase in voter participation in New Zealand.
Many other countries including Cuba, Brazil and Scotland have implemented a voting age of 16. If New Zealand’s voting age is deemed by the High Court to be inconsistent with the New Zealand Bill of Rights, Parliament’s response to whether we should follow in the footsteps of these countries will be a crucial moment in New Zealand’s history.
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[1] New Zealand Bill of Rights Act 1990, s 19.
[2] New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Bill, s 7A.
[3] New Zealand Bill of Rights Act 1990, above n 1.
[4] Human Rights Act 1993, s 21.
[5] Section 21(1)(i)
[6] Electoral Act 1993, s 3(1)(a).