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Parliament Bill

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

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

You could also call this:

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

Illustration for Parliament Bill

If you are the Speaker and a court or tribunal asks you to attend, you must tell the House of Representatives. You do this right away if the House is meeting, or as soon as you can if it is not. The House of Representatives can then decide to excuse you from attending the court or tribunal. If the House excuses you, you do not have to go to the court or tribunal until the end of the Parliament session or the end of the next calendar year. The House can also make other decisions about this, as long as they are fair and follow the rules. You can read more about this in section 35. The House of Representatives has the power to make these decisions to help you do your job as Speaker. You would be excused from attending court as a party, witness in a civil case, or witness in a criminal case. This is a proposed change to the law, which would affect how the Speaker attends court or tribunal proceedings.

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

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33: Exemption of member or officer from attendance, or

"Help for MPs and Officers to Avoid Court"

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

"The Speaker can excuse themselves from court if they act quickly and fairly in an emergency."

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

34Exemption of Speaker from attendance: exemption by House of Representatives

  1. This section and section 35 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).