S12: Electoral rights

Every New Zealand citizen who is of or over the age of 18 years— (a) has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot; and (b) is qualified for membership of the House of Representatives.

Section 12: NZ Bill of Rights

Electoral rights make sure everyone can take part in New Zealand’s democracy.

This provision says every adult New Zealand citizen has the right to vote in fair and regular elections, and to stand as a candidate for Parliament.

The government must run elections that are free, fair, and accessible. They must not put up unfair barriers to people from voting or running for office. The voting process must allow everyone to participate equally. New Zealand citizens living overseas also retain the right to vote, as long as they meet practical requirements set out by electoral law.

The ability to vote in free and fair elections is central to protecting our democracy. It is one of the most tangible ways we can hold the government accountable or influence central decisions affecting our lives.

A recent example of a breach of this right is the Electoral Amendment Bill, sets a much earlier deadline for enrolling and  disqualifies all sentenced prisoners who are detained in prison from enrolling or voting. Civil liberties advocates argue that the right to vote is not a privilege but a fundamental right that lasts throughout imprisonment. Banning prisoners from voting is at odds with New Zealand’s human rights obligations but also risks undermining prisoner rehabilitation efforts.