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Parliament Act 2025

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

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

You could also call this:

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

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You are the Speaker and cannot tell the House of Representatives about something straight away because they are not meeting. You think you need to act quickly. You can give yourself a special certificate that says you do not have to go to court. You only give yourself this certificate if you do not think it would hurt the case or someone involved. You must sign the certificate and say which court case it is about. You also need to attach a copy of the court summons to the certificate. This special certificate stops being effective when you tell the House of Representatives about it and they decide what to do. They will decide if you should be exempt from going to court, as stated in section 35(3). You follow this process if you cannot bring the matter to the House of Representatives without delay, as mentioned in section 35(2)‎(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804176.

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

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

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37: Service of exemption certificate or order, or

"Giving copies of exemption certificates to people involved in a court case"

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

36Exemption of Speaker from attendance: interim exemption by Speaker

  1. This section applies if the Speaker—

  2. is unable to bring the matter to the attention of the House of Representatives without delay (under section 35(2)(a)) because the House of Representatives is adjourned or Parliament is not in session; and
    1. is satisfied that it is necessary to act without delay.

      1. The Speaker must grant an interim exemption certificate exempting the Speaker from attending the court or tribunal unless satisfied, after any inquiry the Speaker considers appropriate, that not complying with the summons would—

      2. 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 interim exemption 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 interim exemption certificate ceases to have effect when—

                2. the Speaker has brought the matter to the attention of the House of Representatives; and
                  1. the House of Representatives has decided whether to make an exemption order under section 35(3).

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