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Parliamentary privilege - Other provisions relating to parliamentary privilege - House of Representatives cannot expel member

30: House cannot expel member

You could also call this:

"The House of Representatives cannot remove one of its members from their seat."

If you are a member of the House of Representatives, you cannot be expelled by the House. The House of Representatives does not have the power to remove you from your seat, no matter the reason. This rule applies even if other laws or rules say something different.

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This page was last updated on 9 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804166.

Topics:

Government and voting > Local councilsCrime and justice > Courts and legal help

29A: House of Representatives cannot imprison for contempt, or

"The House of Representatives cannot put people in prison for being disrespectful."

31: House of Representatives or committee may administer oath or affirmation, or

"Telling the truth in Parliament: taking an oath or affirmation"

Part 2Parliamentary privilege
Other provisions relating to parliamentary privilege: House of Representatives cannot expel member

30House cannot expel member

The House of Representatives has no power to make a member’s seat become vacant by expelling them from membership of the House of Representatives (whether to discipline or punish them, to protect the House of Representatives by removing an unfit member, or for any other purpose or reason).
This section applies despite any other legislation or rule of law to the contrary.