Voting Case Affadavit of Arthur Taylor

Voting Rights Affadavit Hinemoa Ngaronoa

Arthur's Closing Submissions High Court 7 March 2013

Civil Liberties Australia article re Taylor Case 7 March

Civil Liberties Australia  March 2013 newsletter page 14 

CL Australia article re taylor NZ Tobacco Ban Case 

Prisoner Taylor fights on: refuses to run out of puff

The NZ prisoner who won the right to smoke in jail is going back to court to have it enforced.

The NZ High Court agreed with Arthur Taylor in December 2012 that the NZ Corrections

Department had unlawfully violated the rights of more than 6000 prisoners since 1 July 2011. But

Corrections has failed to honour the court ruling, which was not stayed, and instead has passed an

amendment to regulations purporting to make tobacco an unauthorised item in prisons.

Taylor will be heard again in the High Court on 7 March, arguing that Corrections is not following

the rule of law, in that its new regulations are subservient to Acts of Parliament o

Govt tries to invent retrospective crimes

“Attempts  to  fix the monumental stuff up over the Prison Smoking Ban breaches fundamental principles of criminal law”  says  Jailhouse Lawyer Arthur Taylor .

By instituting  legislation in the way it did  , by Supplementary Order Paper  171 to the Corrections Amendment Bill , the Government  would side step  the requirements in Section 7 of the New Zealand Bill of Rights Act for the Attorney General to bring Parliament’s attention to any inconsistencies in it with the NZ Bill of Rights Act .

Arthur Taylor says he will  claim  in the High Court on 7 March  that the legislation breaches sections 19 , 23(5) , 26 & 27 of the NZ Bill of Rights Act.  He will  seek Declarations to that effect .

Section 141(1)(g) of the proposed  legislation would impose  retrospective criminal liability on persons  possessing tobacco in prisons , when it was not an offence at the time of possession”  .  Mr Taylor says ” This  offends against Section 26(2) of the NZ Bill of Rights Act” .

“ By declaring tobacco to be an unlawful item in prisons  retrospectively , after the High Court ruled  last 20 December that it was not unlawful,  means that someone could be  unreasonably convicted  of  an offence  under  Section 141 (1) (g)  carrying  penalties of  imprisonment  and fines   .  This would compound the wrongs that have already been done to prisoners  through the unlawful smoking ban.  It would breach  the NZ Bill of Rights Act & international treaties New Zealand has ratified , such as the International Covenant  on Civil & Political Rights.  It may expose  New Zealand to being taken before the  United Nations Human Rights Committee in Geneva “ Mr Taylor says .  

“ I suggest MP’s take a very close look at this legislation before it is passed into law” he added

Synopsis Of Submissions 11 February 2013