Plain language law

New Zealand law explained for everyone

Parliament Act 2025

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

35: Exemption of Speaker from attendance: exemption by House of Representatives

You could also call this:

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

Illustration for Parliament Act 2025

You are the Speaker of the House of Representatives. If a court or tribunal asks you to attend, you must tell the House of Representatives. The House can then decide to exempt you from attending the court or tribunal. You might be asked to attend as a party or witness in a civil or criminal proceeding. The House of Representatives can make an order to exempt you from attending. This order would last until the end of the current Parliament session or the end of the next calendar year. The House of Representatives can make other orders if they think it is appropriate. These orders must be consistent with the exemption order. You can find more information by looking at section 29(1)–(3) of the 2014 No 58 act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804174.

This page was last updated on — View changes

Topics:
Government and voting > Local councilsGovernment and voting > Government departmentsCrime and justice > Courts and legal help
Previous

34: Exemption of member or officer from attendance, or

"Members of Parliament can be excused from attending court with a special certificate"

Next

36: Exemption of Speaker from attendance: interim exemption by Speaker, or

"The Speaker can exempt themselves from court if they act quickly and follow the rules."

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

35Exemption of Speaker from attendance: exemption by House of Representatives

  1. This section and section 36 apply if the Speaker 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 Speaker must bring the matter to the attention of the House of Representatives—

      2. without delay, if the House of Representatives is sitting; or
        1. at the first convenient opportunity, if the House of Representatives is adjourned or Parliament is not in session.

          1. The House of Representatives may make an order exempting the Speaker from attending the court or tribunal.

          2. An exemption order exempts the Speaker from attending the court or tribunal until the earlier of the following times:

          3. the end of the session of Parliament during which the order is made:
            1. the end of the calendar year after the calendar year during which the order is made.

              1. The House of Representatives may make any other order that—

              2. the House of Representatives considers appropriate; and
                1. is consistent with subsection (4).

                  Compare