Electoral Act 1993

The House of Representatives - Vacancies

55D: Form of statement to be made by parliamentary leader

You could also call this:

"What a parliamentary leader must say in writing when complaining about a member of Parliament"

Illustration for Electoral Act 1993

When a parliamentary leader wants to make a statement about a member of Parliament, you need to know it must be in writing and signed by the leader. The statement must say the leader believes the member has acted in a way that distorts the proportionality of political party representation in Parliament. It must also say the leader has given the member written notice about this and the member has 21 working days to respond.

The statement must include what the member was told and what they can do about it. The leader must also say that at least two-thirds of the party's parliamentary members agree with giving the notice. You should be aware the statement must also mention if the party's rules about giving notice have been followed or if there are no rules to follow.

The parliamentary leader is talking about notices under sections like section 55C(c) and section 55A(3)(b), which are important for this process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS110150.


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55C: Notice from parliamentary leader of political party, or

"Parliamentary leader must sign notice about their party's MP"


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55E: Definitions, or

"What special words mean in the Electoral Act 1993"

Part 3The House of Representatives
Vacancies

55DForm of statement to be made by parliamentary leader

  1. The statement referred to in section 55C(c) must be in writing and signed by the parliamentary leader concerned, and must—

  2. state that the parliamentary leader reasonably believes that the member of Parliament concerned has acted in a way that has distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election; and
    1. state that the parliamentary leader has delivered to the member of Parliament concerned written notice—
      1. informing the member that the parliamentary leader considers that paragraph (a) applies to the member and the reasons for that opinion; and
        1. advising the member that he or she has 21 working days from the date of receiving the notice to respond to the matters raised in the notice by notice in writing addressed to the parliamentary leader; and
        2. state that, after consideration of the conduct of the member and his or her response (if any) by the parliamentary members of the political party for which the member was elected, the parliamentary leader of that party confirms that at least two-thirds of the parliamentary members of that party agree that written notice should be given by the parliamentary leader under section 55A(3)(b); and
          1. state either—
            1. that all other requirements imposed by the rules of the political party for which the member of Parliament was elected relating to the giving of a notice under section 55A(3)(b) have been satisfied; or
              1. that there are no other requirements imposed by the rules of the political party for which the member of Parliament was elected relating to the giving of a notice under section 55A(3)(b) to be satisfied.
              Notes
              • Section 55D: inserted, on , by section 5 of the Electoral (Integrity) Amendment Act 2018 (2018 No 39).