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Parliament Bill

Parliamentary privilege - Other provisions relating to parliamentary privilege - Members and officers in court or tribunal proceedings

33: Exemption of member or officer from attendance

You could also call this:

"Help for MPs and Officers to Avoid Court"

Illustration for Parliament Bill

If you are a member or officer of the House, except the Speaker, and you are called to court, you can ask the Speaker for help. You can apply to the Speaker for a certificate that says you do not have to go to court. The Speaker will give you this certificate unless they think not going to court would be very unfair or hurt someone badly. If the Speaker gives you the certificate, it means you do not have to go to court for a certain time. The certificate will have your name on it and will say which court case it is about. It will also have a copy of the court summons attached to it. The certificate will last until the end of the time Parliament is sitting when it was given, or the end of the next calendar year. This means you will not have to go to court until one of these times is over. You can use this certificate to stay out of court for a while if you need to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804172.

Topics:
Government and voting > Government departmentsCrime and justice > Courts and legal help
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34: Exemption of Speaker from attendance: exemption by House of Representatives, or

"The Speaker doesn't have to go to court if the House of Representatives says so."

Part 2Parliamentary privilege
Other provisions relating to parliamentary privilege: Members and officers in court or tribunal proceedings

33Exemption of member or officer from attendance

  1. This section applies if a member (other than the Speaker) or an officer of the House is required, by a court’s or tribunal’s summons, to attend the court or tribunal personally as—

  2. a party or witness in a civil proceeding; or
    1. a witness in a criminal proceeding.

      1. The member or officer may apply to the Speaker for a certificate exempting the member or officer from attending the court or tribunal.

      2. On receiving an application, the Speaker must grant an exemption certificate to the member or officer unless satisfied, after any inquiry the Speaker considers appropriate, that not complying with the summons would—

      3. defeat or seriously delay the interests of justice; or
        1. cause irreparable injury to a party to the proceedings.

          1. The Speaker must—

          2. sign the certificate; and
            1. ensure that the certificate identifies the court or tribunal attendance it relates to; and
              1. attach a copy of the summons to the certificate.

                1. An exemption certificate exempts the member or officer to whom it is issued from attending the court or tribunal concerned until the earlier of the following times:

                2. the end of the session of Parliament during which the certificate was granted:
                  1. the end of the calendar year after the calendar year during which the certificate was granted.