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Parliament Act 2025

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

38: Effect of certificate or order

You could also call this:

"What happens when you show a special certificate or order to the court"

Illustration for Parliament Act 2025

You get protected if you show a special certificate or order to the court. This certificate or order is from sections like section 34, 35, or 36. You do not have to go to the court or tribunal when you have this protection. You cannot be sued or charged during this time for not going to court. The court can also delay the case if it thinks that is fair. The court makes this decision based on what it thinks is convenient and just.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804178.

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Crime and justice > Courts and legal help
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"Giving copies of exemption certificates to people involved in a court case"

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

38Effect of certificate or order

  1. If a certificate or an order under section 34, 35, or 36 is presented to the court or tribunal concerned,—

  2. the member, officer of the House, or Speaker is exempted from attending the court or tribunal as provided in that section; and
    1. during the period of the exemption, no civil or criminal proceedings may be commenced or continued against the member, officer, or Speaker in relation to non-compliance with the summons, or otherwise not attending the court or tribunal; and
      1. the court or tribunal may adjourn the proceedings on any terms it considers convenient and just in light of the exemption.

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