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Parliament Bill

Schedule 6: Procedure of Parliamentary Corporation and Parliamentary Service Commission

You could also call this:

"How Parliamentary Groups Make Decisions and Hold Meetings"

Illustration for Parliament Bill

The Parliament Bill has a proposed schedule about the Parliamentary Corporation and Parliamentary Service Commission. You will be part of a group that makes decisions if you are in the Parliamentary Corporation or Parliamentary Service Commission. Meetings for these groups are held at times and places they decide. The Parliamentary Corporation has rules about who must be at meetings and how they make decisions. The chairperson is in charge at meetings. If the chairperson is not there, someone else will be in charge. You can appoint a deputy to go to meetings for you if you cannot go. The Parliamentary Service Commission also has rules about meetings and decision-making. They have a special way of voting where each party gets a certain number of votes. The Commission can get advice from experts and must report on its activities each year. The proposed schedule is part of a bill, which is a proposed change to existing law. It outlines how the Parliamentary Corporation and Parliamentary Service Commission will work. You can find more information about the bill and the schedule by looking at the references to other parts of the legislation, such as ss 152 and 160. The schedule has many details about how the Parliamentary Corporation and Parliamentary Service Commission will operate. You can read about the rules for meetings, decision-making, and reporting. The proposed schedule is an important part of the Parliament Bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804436.

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Schedule 5: Employment in parliamentary agencies, or

"Rules for Working in Parliamentary Agencies"

6Procedure of Parliamentary Corporation and Parliamentary Service Commission Empowered by ss 152, 160

1Procedure of Parliamentary Corporation

1Calling of meetings

  1. Meetings of the Parliamentary Corporation are held at the times and places determined by the Parliamentary Corporation or its chairperson.

2Chairperson, chief executive, and Corporation members required to be present at meetings

  1. Every meeting of the Parliamentary Corporation requires the presence of—

  2. the chairperson; and
    1. the chief executive or their deputy (appointed under clause 4); and
      1. at least 1 person who—
        1. is appointed in accordance with section 149(1)(c); or
          1. is a deputy of such a person (appointed by that person under clause 4).

          3Person presiding

          1. The chairperson presides at all meetings of the Parliamentary Corporation.

          4Deputies of Corporation members

          1. This clause applies to a person (A) who is a Corporation member.

          2. A may, by written notice, appoint a person (B) to attend 1 or more meetings of the Parliamentary Corporation as A’s deputy.

          3. B’s appointment ceases if A—

          4. revokes the appointment by written notice; or
            1. ceases to be a Corporation member.

              1. At any meeting of the Parliamentary Corporation, B—

              2. has all the rights, privileges, and duties of A; and
                1. is to be treated as a Corporation member.

                  5Voting

                  1. If the members of the Parliamentary Corporation attending a meeting of the Parliamentary Corporation cannot reach consensus on a question, the question must be decided by a majority of the votes cast at the meeting.

                  2. Each person attending the meeting has 1 vote and, if the votes are equal, the chairperson also has a casting vote.

                  6Unanimous written resolutions

                  1. A resolution signed, or assented to in writing, by all members of the Parliamentary Corporation who are entitled to vote on the matter is as valid and effectual as if it had been passed at a meeting of the Parliamentary Corporation.

                  2. The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members of the Parliamentary Corporation.

                  7Seal

                  1. The Parliamentary Corporation may determine the form of its common seal and must provide for its safe custody.

                  2. The common seal may be used only if authorised by resolution of the Parliamentary Corporation.

                  3. Except as provided by this clause, 2 members of the Parliamentary Corporation must sign each document to which the common seal is affixed.

                  4. A member of the House of Representatives may sign the document in the place of the Speaker if the member is authorised by a delegation under section 41(1) to sign the document or documents of the kind concerned.

                  5. A person may sign the document in the place of the chief executive if the person is authorised by a delegation made under section 128 to sign the document or documents of the kind concerned.

                  6. All courts and persons acting judicially must take judicial notice of the seal of the Parliamentary Corporation.

                  8Enforceable obligations

                  1. The Parliamentary Corporation may enter into any enforceable obligation in writing under the Parliamentary Corporation’s common seal.

                  2. An enforceable obligation that, if entered into by an individual, would be required to be by deed may only be entered into by the Parliamentary Corporation in writing under the Parliamentary Corporation’s common seal.

                  3. An enforceable obligation that, if entered into by an individual, would be required to be in writing may be entered into by the Parliamentary Corporation by a person acting under the Parliamentary Corporation’s express or implied authority.

                  4. An enforceable obligation that, if entered into by an individual, would not be required to be in writing may be entered into on behalf of the Parliamentary Corporation in writing or orally by a person acting under the Parliamentary Corporation’s express or implied authority.

                  5. An enforceable obligation entered into by the Parliamentary Corporation, under the authority of a general or specific resolution of the Parliamentary Corporation, is not invalid merely because of a failure to enter into the obligation in accordance with this clause.

                  6. In this clause, enforceable obligation means a contract or other enforceable obligation.

                  9Records

                  1. The Parliamentary Corporation must keep a record of all decisions made by the Parliamentary Corporation.

                  2. The Parliamentary Corporation is not required to keep or produce financial statements in respect of the Parliamentary Corporation.

                  2Procedure of Parliamentary Service Commission

                  10Calling of meetings

                  1. Meetings of the Parliamentary Service Commission are held at the times and places determined by the Commission or its chairperson.

                  2. A special meeting of the Commission may be called—

                  3. by the chairperson; or
                    1. by any 3 Commission members.

                      11Person presiding

                      1. The chairperson, if present, presides at all meetings of the Parliamentary Service Commission.

                      2. If the chairperson is absent from a meeting, the Commission members present must appoint a Commission member who is present to preside.

                      12Deputies

                      1. This clause applies to a person (A) who is a Commission member.

                      2. A may, by written notice, appoint a member of the House of Representatives (B) to attend 1 or more meetings of the Parliamentary Service Commission as A’s deputy.

                      3. If A holds office under section 156(1)(c), A may not appoint as A’s deputy a person who holds office as a Minister or as a Parliamentary Under-Secretary.

                      4. B’s appointment ceases if A—

                      5. revokes the appointment by written notice; or
                        1. ceases to be a Commission member.

                          1. At any meeting of the Parliamentary Service Commission, B—

                          2. has all the rights, privileges, and duties of A; and
                            1. is to be treated as a Commission member.

                              13Quorum

                              1. The quorum at any meeting of the Parliamentary Service Commission is,—

                              2. if there is an even number of parties represented in the House of Representatives, half that number plus 1; or
                                1. if there is an odd number of parties represented in the House of Representatives, half that number, rounded up to the nearest whole number.

                                  1. The quorum must include at least 1 Commission member who is a member of a party in opposition.

                                  14Decisions made by majority

                                  1. Each question arising at a meeting of the Parliamentary Service Commission is decided by a majority of the valid votes recorded on the question.

                                  2. Voting must be conducted in accordance with clause 15.

                                  15Voting

                                  1. At a meeting of the Parliamentary Service Commission, a Commission member—

                                  2. may vote on a question only if authorised by a party to vote on behalf of the party; and
                                    1. votes on the question on behalf of that party; and
                                      1. casts as many votes as there are members of the House of Representatives who belong to that party.

                                        1. Only 1 Commission member may vote on behalf of each party.

                                        2. The fact that a Commission member votes at a meeting on behalf of a party is, in the absence of proof to the contrary, sufficient evidence that the Commission member is authorised to vote on behalf of the party at the meeting.

                                        16Advisory committees established to assist Parliamentary Service Commission

                                        1. The Parliamentary Service Commission may appoint an advisory committee of persons to assist the Parliamentary Service Commission on any matter.

                                        2. The Parliamentary Service Commission may appoint a person to be a member of an advisory committee under this clause only if satisfied that the person is competent to assist the Parliamentary Service Commission on the matter concerned.

                                        3. A person who is appointed to be a member of an advisory committee under this clause is not required to be a Commission member.

                                        4. Subject to any directions of the Parliamentary Service Commission, an advisory committee appointed under this clause may regulate its procedure in any manner it considers appropriate.

                                        17Speaker may commission experts

                                        1. The Speaker may commission 1 or more experts to make any inquiries, conduct any research, or prepare any reports that may be necessary for the efficient and effective performance of the Parliamentary Service Commission’s functions, duties, or powers.

                                        2. The Speaker must consult the Parliamentary Service Commission before commissioning an expert under this clause.

                                        3. The Speaker may delegate the Speaker’s functions under subclause (1) to any person.

                                        18Annual report

                                        1. As soon as practicable after 30 June in each year, the Parliamentary Service Commission must prepare a report on its activities during the year ending on that date and present it to the House of Representatives.