28 May 2025

B White
[FYI request #30871 email]

Dear B White

Official Information Act request: Prisoner voting rights

Thank you for your email of 30 April 2025 requesting, under the Official Information Act 1982
(the Act), information regarding prisoners right to vote in the general election. Specifically, you
requested:

Please provide any official information you may hold in relation to the proposed total
ban on prisoners voting in general elections.

For thoroughness (but not exclude other information held), please make sure you
cover any information held in relation to:
- likelihood and predicted costs to the government of legal challenges (noting the
previous High Court, and Waitangi Tribunal findings)
- any advice relating to such blanket bans disproportionally impacting any group
covered by the prohibited grounds for discrimination under the human rights act.
- any communications with ministerial aides, government agencies, or lobby groups

In response to the first part of your request, the Government does not produce information on
the likelihood or predicted costs of legal proceedings relating to a change in legislation as this
is expected to be absorbed in the baseline funding. Therefore, this part of your request has
been refused under section 18(e) of the Act as the information requested does not exist.

In response to the parts 2 and 3 of your request, please note that some information has been
proactively released, therefore I am refusing it under section 18(d) of the Act as it is publicly
available on the Ministry of Justice’s website here:  justice.govt.nz/assets/Documents/
Publications/Proactive-Release-Prisoner-Voting_FINAL.pdf.

Further documents in scope of these parts of your request are detailed to you in Table 1
attached.  Some information has been removed as out of scope of your request. Some
information is also being withheld in part under the following provisions of the Act:

•  section 9(2)(a) to protect the privacy of natural persons,
•  section 9(2)(f)(iv) to maintain the constitutional conventions that protect confidentiality
of advice tendered by Ministers and officials, and
•  section 9(2)(g)(i) to maintain the effective conduct of public affairs through the free and
frank expression of opinions.

In withholding information under section 9, I have considered the public interest and consider
that it does not outweigh withholding the information at this time.

If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Of ice of the Ombudsman may be contacted
by email to [email address] or by phone on 0800 802 602.

Yours sincerely

Hon Paul Goldsmith
Minister of Justice

Table 1 – Advice and communications in scope of parts 2 and 3 of your request

Doc
no.
Date
Document type
Document title
Decision on release
1  12/03/2025
Email

Further Electoral Matters
Some information is withheld under sections 9(2)(a),
9(2)(f)(iv) and 9(2)(g)(i) of the Act.
Some information is withheld under sections 9(2)(a) and
2  24/03/2025
Email
Briefing - Additional electoral reforms:
updated and draft Cabinet papers
9(2)(f)(iv) of the Act. Some information has been removed as
out of scope.
2.1  24/03/2025
Briefing
Additional electoral reforms - updated
and draft Cabinet papers
Refused under section 18(d) of the Act as the documents are
Paper 4- Cabinet paper - Disqualification
available here:
2.2  24/04/2025
Paper
of sentenced prisoners
justice.govt.nz/assets/Documents/Publications/Proactive-

Release-Prisoner-Voting_FINAL.pdf
2.3  24/04/2025
Cabinet paper
Appendix 1 - History of prisoner voting in
New Zealand (1956-2023)
3  26/03/2025
Email
Prisoner voting Cabinet paper - prisoner
stats
Some information is withheld under section 9(2)(a) of the Act.
Some information is withheld under sections 9(2)(a) and
RE: Briefing - Additional electoral
9(2)(g)(i) of the Act and some information has been removed
4  26/03/2025
Email
reforms: updated and draft Cabinet
as out of scope. Please note the attachments contained in
papers
this email are drafts and the final versions are provided in the
links at Document 2.1 – 2.3 above.
Attached to
5
email of
Draft Note
Differences in offenders imprisoned by
02/04/2025
sentence length and ethnicity
Released in full.
6  02/04/2025
Email
RE: Prisoner voting stats  - additional
Some information is withheld under sections 9(2)(a) of the
material on offence type
Act.
7  03/04/20256
Email
FW: Prisoner voting stats
Some information is withheld under sections 9(2)(a) of the
Act.
8  10/04/2025
Email
Updated papers relating to prisoner
Some information is withheld under sections 9(2)(a) of the
voting
Act.

Doc
no.
Date
Document type
Document title
Decision on release
Paper 4_Electoral Mat ers Bil  Policy
8.1  10/04/2025
Aide Memoire
approvals disqualification of sentenced
prisoners from voting
CAB - Paper 4 -Appendix 2- Sentenced
8.2  14/04/2025
Cabinet paper
prisoners by offence seriousness,
sentence length and ethnicity
Refused under section 18(d) of the Act as the documents are
CAB- Paper 4 - Electoral Matters Bill –
available here:
8.3  14/04/2025
Cabinet paper
Policy Approvals (disqualification of
justice.govt.nz/assets/Documents/Publications/Proactive-
sentenced prisoners from voting)
Release-Prisoner-Voting_FINAL.pdf
CAB- Paper 4 - Appendix 1 - History of
8.4  14/04/2025
Cabinet paper
prisoner voting in New Zealand (1956-
2023
CAB- Paper 4 - Electoral Matters Bill
8.5  14/04/2025
Cabinet paper
Policy Approvals (disqualification of
sentenced prisoners from voting)
9  14/04/2025
Email
Request for Information: International
Some information is withheld under sections 9(2)(a) of the
jurisdictions and Prisoner Voting
Act.
Judgement
Refused under section 18(d) of the Act as the document is
9.1
Undated
Judgement Summary - Roach v Electoral
Summary
Commission
available here: hcourt.gov.au/assets/publications/judgment-
summaries/2007/hca43-2007-09-26.pdf
10  29/04/2025
Email
RE: URGENT - Prisoner voting
Withheld in full under section 9(2)(g)(i)
Refused under section 18(d) of the Act as the documents are
10.1  Undated
Proactive release
Proactive release – Prisoner voting
available here:
justice.govt.nz/assets/Documents/Publications/Proactive-
Release-Prisoner-Voting_FINAL.pdf
Communications
10.2  29/04/2025
pack
Prisoner voting: Communications pack
Released in full.

Document Outline