Parliament Act 2025
Parliament Act 2025
Public Act |
2025 No 62 |
|
Date of assent |
12 November 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Parliament Act 2025.
2 Commencement
(1)
This Act comes into force on the day after Royal assent.
(2)
However, the following sections come into force 6 months after Royal assent:
(a)
sections 135 to 138 and 140:
(b)
Part 1 Preliminary provisions
3 Purpose
(1)
The purpose of this Act is to consolidate and modernise the law about operating and administering Parliament.
(2)
To that end, this Act—
(a)
enacts principles for the use of public money and publicly funded services by members and eligible candidates:
(b)
standardises provisions about employment in the Office of the Clerk and the Parliamentary Service:
(c)
establishes the role of parliamentary security officer and confers powers and duties on those officers.
(3)
Part 2 of this Act (which relates to parliamentary privilege) also has the purposes identified in section 10.
(4)
Part 4 and Schedule 3 of this Act (which relate to salaries, allowances, expenses, and services for members and others) also have the purposes identified in section 60.
4 Outline of this Act
(1)
This Act is divided into 7 Parts.
(2)
This Part covers the following preliminary matters:
(a)
the purpose of this Act:
(b)
definitions of terms used in this Act:
(c)
transitional and savings provisions needed for this Act:
(d)
the extent to which this Act binds the Crown.
(3)
Part 2 is about parliamentary privilege.
(4)
Part 3 is about the Speaker, the Deputy Speaker, and the parliamentary precincts.
(5)
Part 4 is about salaries, allowances, and expenses paid, and services provided, to members generally and to particular members, including certain former members, and to Ministers, parties, and eligible candidates.
(6)
Part 5 is about the Clerk of the House of Representatives and the Office of the Clerk.
(7)
Part 6 is about the Parliamentary Service, the Parliamentary Corporation, and the Parliamentary Service Commission.
(8)
Part 7 is about parliamentary security.
5 Interpretation
In this Act, unless the context otherwise requires,—
allowance has the meaning given to it by section 2 of the Remuneration Authority Act 1977
by-election has the meaning given to it by section 3(1) of the Electoral Act 1993
chief executive means the chief executive of the Parliamentary Service appointed under section 125
Clerk means the Clerk of the House of Representatives appointed under section 101
collective agreement has the meaning given to it by section 5 of the Employment Relations Act 2000
committee means a committee, or subcommittee of a committee, of the House of Representatives
department has the meaning given to it by section 5 of the Public Service Act 2020
Deputy Clerk means the Deputy Clerk of the House of Representatives
Deputy Speaker means the Deputy Speaker of the House of Representatives
employee, in relation to the parliamentary agencies,—
(a)
means a person appointed as an employee under section 112 or 131, whether paid by salary, wages, or otherwise; and
(b)
includes employees on fixed-term employment agreements; but
(c)
does not include the Clerk or the chief executive
employment agreement—
(a)
means a contract of service; and
(b)
includes an employee’s terms and conditions of employment in—
(i)
a collective agreement; or
(ii)
a collective agreement together with any additional terms and conditions of employment; or
(iii)
an individual employment agreement
general election has the meaning given to it by section 3(1) of the Electoral Act 1993
head, in relation to a parliamentary agency, means—
(a)
the Clerk, in relation to the Office of the Clerk; and
(b)
the chief executive, in relation to the Parliamentary Service
House of Representatives means the House of Representatives continued under section 10 of the Constitution Act 1986
member means a member of the House of Representatives known, in accordance with section 10(4) of the Constitution Act 1986 and section 27 of the Electoral Act 1993, as a member of Parliament
member with authority to act as Speaker has the meaning given to it in section 49(3)
Minister means a Minister of the Crown
Minister Responsible for Ministerial Services means the Minister who is, with the authority of the Prime Minister, responsible for the administration of services provided to Ministers
Office of the Clerk means the Office of the Clerk of the House of Representatives continued under section 111
officer of the House,—
(a)
in sections 34 and 38, means any of the following:
(i)
the Clerk:
(ii)
the Deputy Clerk:
(iii)
a Clerk-Assistant of the House of Representatives:
(iv)
the Serjeant-at-Arms; and
(b)
in the rest of this Act, means the following persons:
(i)
the Clerk:
(ii)
a person appointed as an employee of the Office of the Clerk under section 112
Parliament means the Parliament of New Zealand described in section 14(1) of the Constitution Act 1986
parliamentary agency or agency means—
(a)
the Office of the Clerk; and
(b)
the Parliamentary Service
Parliamentary Corporation means the body corporate continued under section 142
parliamentary precincts has the meaning given to it in section 52
parliamentary security officer means a person appointed as a parliamentary security officer under section 135
Parliamentary Service means the Parliamentary Service continued under section 122
Parliamentary Service Commission means the Parliamentary Service Commission continued under section 153
party means a political party for the time being recognised as a party for parliamentary purposes in accordance with the rules and practice of the House of Representatives
period following a general election means the period of time—
(a)
starting with the close of polling day at a general election; and
(b)
ending with the first meeting of the House of Representatives after that general election
polling day has the meaning given to it by section 3(1) of the Electoral Act 1993
proceedings in Parliament has the meaning given to it by section 13
remuneration has the meaning given to it by section 2 of the Remuneration Authority Act 1977
Remuneration Authority means the Remuneration Authority established under section 4(1) of the Remuneration Authority Act 1977
Speaker—
(a)
means the Speaker of the House of Representatives; and
(b)
includes the following persons, when they are performing a function or duty or exercising a power of the Speaker:
(i)
the Deputy Speaker:
(ii)
a member with authority to act as Speaker
vacating member means a person who, at the close of a polling day, vacates the office of member under section 54(1)(b) or (2)(b) of the Electoral Act 1993.
Compare: 2000 No 17 s 3; 2013 No 93 s 5; 2014 No 58 s 5(1); 2020 No 40 ss 74(2), 87(2)
6 Status of guide or outline provisions
7 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Part 2 Parliamentary privilege
9 Outline of this Part
(1)
This Part sets out provisions concerning parliamentary privilege.
(2)
Subpart 1 sets out the purposes of this Part, the manner in which it is to be interpreted generally, and specific interpretation provisions.
(3)
Subpart 2 contains the provisions relating to the purpose, content, and status of parliamentary privilege.
(4)
Subpart 3 contains provisions relating to the scope of the prohibition imposed by Article 9 of the Bill of Rights 1688 on the impeaching or questioning of speech and debates or proceedings in Parliament, including specific prohibitions and exceptions.
(5)
Subpart 4 describes certain legal protections that apply to the communication of proceedings in Parliament.
(6)
Subpart 5 contains a number of miscellaneous provisions relating to parliamentary privilege, including provisions relating to contempt of Parliament, the expulsion of members, taking evidence from witnesses, and the exemption of members (including the Speaker) and officers of the House from an obligation to attend a court or tribunal.
Subpart 1—Preliminary provisions
10 Purposes of this Part
(1)
The main purposes of this Part are to—
(a)
reaffirm and clarify the nature, scope, and extent of the privileges, immunities, and powers exercisable by the House of Representatives, its committees, and its members; and
(b)
ensure adequate protection from civil and criminal legal liability for communication of—
(i)
proceedings in Parliament; or
(ii)
documents relating to proceedings in Parliament.
(2)
The secondary purposes of this Part are to—
(a)
reaffirm parliamentary privilege generally, but to avoid its comprehensive codification; and
(b)
state the effect of Article 9 of the Bill of Rights 1688, in addition to any other operation it has; and
(c)
define proceedings in Parliament for the purposes of Article 9 of the Bill of Rights 1688, and in particular to reaffirm the alteration that the Parliamentary Privilege Act 2014 made to the law as stated in the decision in Attorney-General v Leigh [2011] NZSC 106, [2012] 2 NZLR 713; and
(d)
prohibit evidence being offered or received, questions being asked, or statements, submissions, or comments made, concerning proceedings in Parliament, to inform or support effective repetition claims and liabilities in proceedings in a court or tribunal and exemplified by the decision in Buchanan v Jennings [2004] UKPC 36, [2005] 2 All ER 273, [2005] 2 NZLR 577.
Compare: 2014 No 58 s 3
11 How to interpret this Part
(1)
This Part must be interpreted in a way that—
(a)
promotes its purposes; and
(b)
promotes the principle of comity, which requires a relationship of mutual respect and restraint between the independent legislative and judicial branches of government, each recognising the other’s proper sphere of influence and privileges; and
(c)
ensures that the privileges, immunities, and powers exercisable by the House of Representatives, its committees, and its members are exercisable for the purposes stated in section 14.
(2)
Subsection (1) does not affect the application of Part 2 of the Legislation Act 2019 to this Act.
Compare: 2014 No 58 s 4
12 Interpretation of this Part
In this Part, unless the context otherwise requires,—
Article 9 of the Bill of Rights 1688 means the ninth article of section 1 of the Bill of Rights 1688 to the extent that the ninth article is declared to be part of the laws of New Zealand under section 3(1) and Schedule 1 of the Imperial Laws Application Act 1988
communication, of a document or proceedings, includes—
(a)
communication by any means of the document or proceedings to or for any person; and
(b)
live or delayed original communication and delayed re-communication of the document or proceedings; and
(c)
live or delayed communication to the public of the document or proceedings
communication to the public, of a document or proceedings, means communication of the document or proceedings to or for the benefit of the public or a class of the public
copy, of a document, includes—
(a)
a copy that is not an exact copy of the document but is identical to the document in all relevant respects; and
(b)
a copy of a copy of the document
court means—
(a)
the Supreme Court, the Court of Appeal, the High Court, or the District Court; or
(b)
any of the following specialist courts:
(i)
the Employment Court:
(ii)
the Environment Court:
(iii)
the Māori Land Court:
(iv)
the Māori Appellate Court:
(v)
the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007:
(vi)
the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953
District Court includes—
(a)
the Family Court and the Youth Court; and
(b)
the District Court sitting in its admiralty jurisdiction
document means any of the following (including a copy or part of any of the following):
(a)
anything (whether or not it is signed or otherwise authenticated) on which there are words, figures, symbols, images, or sounds (or from which words, figures, symbols, images, or sounds can be derived), including any of the following:
(i)
a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached:
(ii)
a book, map, plan, graph, or drawing:
(iii)
a photograph, film, or negative:
(b)
information electronically recorded or stored (including an audio or a video file or recording) or information derived from that information
exercisable, in relation to privileges, immunities, or powers and in relation to a House, its committees, or its members, means that the privileges, immunities, or powers are held, enjoyed, and exercised by the House, its committees, or its members
summons, in relation to a court or tribunal, includes a writ, subpoena, or other process that—
(a)
is a process of, or issued by or on behalf of, the court or tribunal; and
(b)
requires attendance at the court or tribunal
tribunal—
(a)
means any person or body with power to—
(i)
summons witnesses and take evidence on oath or affirmation; or
(ii)
otherwise require the giving of evidence or information; and
(b)
includes an inquiry to which the Inquiries Act 2013 applies (see section 6 of that Act); but
(c)
does not include the House of Representatives, a committee, or a court
under the House of Representatives’ or a committee’s authority includes by or by order of the House of Representatives or one of its committees.
Compare: 2014 No 58 s 5(1), (3)
13 Meaning of proceedings in Parliament
(1)
For the purposes of Article 9 of the Bill of Rights 1688 and this Part, proceedings in Parliament means all words spoken and acts done in the course of, for the purposes of, or incidental to transacting the business of the House of Representatives or a committee.
(2)
Without limiting subsection (1), proceedings in Parliament includes all of the following:
(a)
giving evidence before the House of Representatives or a committee (and the evidence itself):
(b)
presenting or submitting a document to the House of Representatives or a committee (and the document itself):
(c)
preparing a document for the purposes of or incidental to transacting any business of the House of Representatives or a committee (and the document itself):
(d)
formulating, making, or communicating a document under the House of Representatives’ or a committee’s authority (and the document itself):
(e)
any proceeding that is stated by other legislation to be proceedings in Parliament for the purposes of Article 9 of the Bill of Rights 1688 or this Part.
(3)
A reference in this section to words spoken or acts done for the purposes of or incidental to transacting the business of the House of Representatives or a committee includes words spoken or acts done for the purposes of or incidental to transacting reasonably apprehended business of the House of Representatives or committee.
(4)
The determination of whether words are spoken or acts are done in the course of, for the purposes of, or incidental to transacting the business of the House of Representatives or a committee must not be limited to a consideration of whether the words or acts are to any degree necessary for transacting the business concerned.
(5)
This section applies despite any other legislation or rule of law to the contrary.
Compare: 2014 No 58 s 10
Subpart 2—Parliamentary privilege: purpose, content, status, and recognition
14 Purposes of privileges, immunities, and powers of House of Representatives
The privileges, immunities, and powers exercisable by the House of Representatives, its committees, and its members are exercisable—
(a)
to maintain the integrity of the House of Representatives as a democratic legislative assembly; and
(b)
to secure the independence of the House of Representatives, committees, and members in the performance of their functions.
Compare: 2014 No 58 s 7
15 Content of privileges, immunities, and powers of House of Representatives
The privileges, immunities, and powers exercisable by the House of Representatives, its committees, and its members are every privilege, immunity, or power that—
(a)
was exercisable on 1 January 1865 (whether by parliamentary custom or practice and rules, statute, or common law) by the House of Commons of Great Britain and Ireland, its committees, or its members; and
(b)
is not inconsistent with, or repugnant to, the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom as in force on 26 September 1865 (which is the date on which the Parliamentary Privileges Act 1865 came into force).
Compare: 2014 No 58 s 8(1)
16 Status and recognition of parliamentary privilege
(1)
The privileges, immunities, and powers exercisable by the House of Representatives, its committees, and its members are part of the laws of New Zealand.
(2)
All courts and all persons acting judicially must take judicial notice of those privileges, immunities, and powers.
(3)
Subsection (4) applies to any inquiry concerning those privileges, immunities, and powers by a court, any person acting judicially, or any other person.
(4)
The court or person must admit a copy of the Journals of the House of Commons that appears to be printed or published by order of the House of Commons as evidence of those journals without requiring any further proof that the copy was printed or published by that order.
Compare: 2014 No 58 s 8(2)–(4)
Subpart 3—Article 9 of Bill of Rights 1688
17 Effect of Article 9
(1)
Article 9 of the Bill of Rights 1688 has the effect required by this Part in addition to any other operation it may have.
(2)
However, Article 9 does not prevent or restrict the prosecution of an offence (to the extent that the offence relates to proceedings in Parliament) against any of the following provisions of the Crimes Act 1961:
(a)
section 102 (corruption and bribery of Minister of the Crown):
(b)
section 103 (corruption and bribery of member of Parliament):
(c)
section 109 (punishment of perjury).
Compare: 2014 No 58 s 9
Prohibited impeaching or questioning of proceedings in Parliament
18 Evidence, questions, and statements, etc, about proceedings in Parliament
In proceedings in a court or tribunal, evidence must not be offered or received, questions must not be asked, and statements, submissions, or comments must not be made concerning proceedings in Parliament by way of, or for the purpose of, any of the following:
(a)
questioning or relying on the truth, motive, intention, or good faith of anything forming part of those proceedings in Parliament:
(b)
questioning or establishing the credibility, motive, intention, or good faith of any person:
(c)
drawing, or inviting the drawing of, inferences or conclusions wholly or partly from anything forming part of those proceedings in Parliament:
(d)
proving or disproving, or tending to prove or disprove, any fact necessary for, or incidental to, establishing any liability:
(e)
resolving any matter, or supporting or resisting any judgment, order, remedy, or relief, arising or sought in the court or tribunal proceedings.
Compare: 2014 No 58 s 11
19 Use of confidential documents and oral evidence
(1)
This section applies to the use, in a court or tribunal, of documents and oral evidence that have been received by the House of Representatives or a committee in confidence.
(2)
A court or tribunal must not—
(a)
require the document to be produced; or
(b)
admit the document into evidence; or
(c)
admit evidence concerning the document.
(3)
A court or tribunal must not—
(a)
admit evidence concerning the oral evidence; or
(b)
require a document recording or reporting the oral evidence to be produced; or
(c)
admit the document into evidence.
(4)
However, a court or tribunal may do anything referred to in subsection (2) or (3) in relation to a document or oral evidence received by the House of Representatives or a committee (without impeaching or questioning the proceedings in Parliament) if the House of Representatives or committee has—
(a)
communicated the document or oral evidence to the public; or
(b)
authorised its communication to the public.
(5)
For the purposes of this section, a document or oral evidence is received by the House of Representatives or a committee in confidence if it is received (as advice, evidence, or anything else)—
(a)
in private; or
(b)
as secret evidence.
Compare: 2014 No 58 s 12
20 Use of evidence, etc, for interpreting legislation
Sections 18 and 19 and Article 9 of the Bill of Rights 1688 do not prevent or restrict a court or tribunal from doing any of the following for the sole purpose of ascertaining the meaning of any legislation (without impeaching or questioning the proceedings in Parliament):
(a)
admitting in evidence, or taking judicial notice of, a document relating to proceedings in Parliament communicated under the House of Representatives’ or a committee’s authority:
(b)
allowing the making of statements, submissions, or comments based on the document.
Compare: 2014 No 58 s 13
21 Use of evidence, etc, for establishing historical events or other facts
Section 18 and Article 9 of the Bill of Rights 1688 do not prevent or restrict a court or tribunal from doing any of the following for the sole purpose of establishing a relevant historical event or other fact (without impeaching or questioning the proceedings in Parliament):
(a)
admitting evidence, or allowing evidence to be offered, concerning proceedings in Parliament:
(b)
allowing questions to be asked or statements, submissions, or comments to be made concerning proceedings in Parliament.
Compare: 2014 No 58 s 15
22 Operation of subparts 4 and 5 not affected
Sections 18 and 19 and Article 9 of the Bill of Rights 1688 do not prevent or restrict proceedings in Parliament from being used for the purposes of subpart 4 or 5.
Compare: 2014 No 58 s 14
Subpart 4—Protected communication of proceedings in Parliament
Stay of court or tribunal proceedings
23 Application of sections 24 and 25
Sections 24 and 25 apply if civil or criminal proceedings in a court or tribunal are commenced against a person in respect of the communication by the person or the person’s agent or employee, under the House of Representatives’ or a committee’s authority, of 1 or more of the following:
(a)
proceedings in Parliament:
(b)
a document relating to proceedings in Parliament.
Compare: 2014 No 58 s 17(1)
24 Speaker’s certificate that communication authorised
(1)
The Speaker may, on application by or on behalf of a person referred to in section 23, grant a certificate to the person stating that the person, or the person’s agent or employee, made the communication under the House of Representatives’ or a committee’s authority.
(2)
The Speaker must sign the certificate.
(3)
In addition, if the certificate relates to the communication of a document, the Speaker must—
(a)
attach a copy of the document to the certificate; and
(b)
ensure that the certificate states that the attached copy is a true copy of what was communicated.
Compare: 2014 No 58 s 17(2)
25 Application and order for stay of proceedings
(1)
The person to whom the Speaker grants a certificate under section 24 may apply for a stay of the proceedings by—
(a)
filing or lodging an application in or with the court or tribunal, together with the Speaker’s certificate and (if the person wishes) a draft order staying the proceedings; and
(b)
serving, or taking all reasonable steps to serve, copies of the application, certificate, and any draft order on the plaintiff or prosecutor and all other parties to the proceedings.
(2)
If the court’s or tribunal’s registrar is satisfied, on any evidence the registrar requires, that the person has applied for a stay of the proceedings in accordance with this section, the registrar must refer the file to the court’s or tribunal’s presiding judicial officer.
(3)
On receiving the file, the presiding judicial officer must immediately stay the proceedings, except any claims or charges unrelated to the communications that the certificate covers.
(4)
The order staying the proceedings must be sealed, dated, and served, and entered in the court’s or tribunal’s formal or permanent record in accordance with its practice and procedure.
(5)
The stayed proceedings are taken to be finally determined.
(6)
No fee may be charged for an application for a stay of proceedings or an order staying the proceedings.
(7)
This section does not prevent or restrict the plaintiff or prosecutor discontinuing or withdrawing the proceedings.
Compare: 2014 No 58 s 17(3)–(7)
Qualified immunity
26 Communications protected by qualified immunity
(1)
The following communications are protected by qualified immunity:
(a)
the communication of a fair and accurate report of proceedings in Parliament:
(b)
the communication of a fair and accurate extract from, or summary of,—
(i)
a document communicated under the authority of the House of Representatives or a committee; or
(ii)
a document relating to proceedings in Parliament, and communicated under the authority of the House of Representatives, a committee, or legislation:
(c)
the delayed communication to the public of proceedings in Parliament if the communication is not made under the authority of the House of Representatives or a committee.
(2)
In subsection (1)(a), report includes—
(a)
a record or transcript of proceedings in Parliament; and
(b)
part of a report of those proceedings.
27 Effect and operation of qualified immunity
(1)
Qualified immunity is a defence to any civil or criminal liability in proceedings that relate to the relevant communication if it is pleaded, or otherwise raised as a defence, by or on behalf of the defendant.
(2)
However, the defence is unavailable if the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant has abused the occasion of communication.
(3)
Without limiting subsection (2), the defendant has abused the occasion of communication if the defendant acted in bad faith or predominantly with malice towards any person or otherwise took improper advantage of the occasion.
Compare: 2014 No 58 s 18
28 Other laws unaffected
This Part does not limit or affect any laws relating to absolute privilege or qualified privilege, including sections 13 to 19 of the Defamation Act 1992.
Compare: 2014 No 58 s 21
Subpart 5—Other provisions relating to parliamentary privilege
Contempt
29 House of Representatives may impose fine for contempt of House of Representatives
(1)
If the House of Representatives determines that a person has committed a contempt of the House of Representatives, it may by resolution impose a fine of up to $1,000 on the person.
(2)
The fine is payable and enforceable under the Summary Proceedings Act 1957, as if it were a fine within the meaning of section 79(1) of that Act.
(3)
The Clerk must ensure that a copy of the resolution imposing the fine is sent to the Registrar of the District Court at Wellington.
(4)
The Registrar must—
(a)
serve a copy of the resolution on the person who has committed the contempt as if the resolution contained the same information (other than appeals information) as a notice of fine under section 84 of the Summary Proceedings Act 1957; and
(b)
ensure that the fine is enforced in accordance with Part 3 of that Act, which applies with all necessary modifications to the enforcement of the fine.
(5)
This section does not limit or affect the House of Representatives’ powers to penalise a person for a contempt by imposing a penalty other than a fine on the person (whether the other penalty is instead of or as well as a fine).
Compare: 2014 No 58 s 22
30 House of Representatives cannot imprison for contempt
(1)
The House of Representatives has no power to order that any person be imprisoned for a contempt of the House determined by the House to have been committed by that person.
(2)
This section—
(a)
does not limit or affect Part 7:
(b)
applies despite any other legislation or rule of law.
House of Representatives cannot expel member
31 House cannot expel member
(1)
The House of Representatives has no power to make a member’s seat become vacant by expelling them from membership of the House of Representatives (whether to discipline or punish them, to protect the House of Representatives by removing an unfit member, or for any other purpose or reason).
(2)
This section applies despite any other legislation or rule of law to the contrary.
Compare: 2014 No 58 s 23
Parliamentary witnesses
32 House of Representatives or committee may administer oath or affirmation
The House of Representatives or a committee may administer an oath or affirmation for the purpose of taking evidence on oath or affirmation from a witness examined before it.
Compare: 2014 No 58 s 24
33 Privileges and immunities of witness
(1)
A witness examined before the House of Representatives or a committee and giving evidence on oath or affirmation has, in respect of that evidence, the same privileges and immunities as a witness has when giving evidence on oath or affirmation in a court.
(2)
This section is subject to any contrary legislation.
Compare: 2014 No 58 s 25
Members and officers in court or tribunal proceedings
34 Exemption of member or officer from attendance
(1)
This section applies if a member (other than the Speaker) or an officer of the House is required, by a court’s or tribunal’s summons, to attend the court or tribunal personally as—
(a)
a party or witness in a civil proceeding; or
(b)
a witness in a criminal proceeding.
(2)
The member or officer may apply to the Speaker for a certificate exempting the member or officer from attending the court or tribunal.
(3)
On receiving an application, the Speaker must grant an exemption certificate to the member or officer unless satisfied, after any inquiry the Speaker considers appropriate, that not complying with the summons would—
(a)
defeat or seriously delay the interests of justice; or
(b)
cause irreparable injury to a party to the proceedings.
(4)
The Speaker must—
(a)
sign the certificate; and
(b)
ensure that the certificate identifies the court or tribunal attendance it relates to; and
(c)
attach a copy of the summons to the certificate.
(5)
An exemption certificate exempts the member or officer to whom it is issued from attending the court or tribunal concerned until the earlier of the following times:
(a)
the end of the session of Parliament during which the certificate was granted:
(b)
the end of the calendar year after the calendar year during which the certificate was granted.
Compare: 2014 No 58 ss 26–28
35 Exemption 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—
(a)
a party or witness in a civil proceeding; or
(b)
a witness in a criminal proceeding.
(2)
The Speaker must bring the matter to the attention of the House of Representatives—
(a)
without delay, if the House of Representatives is sitting; or
(b)
at the first convenient opportunity, if the House of Representatives is adjourned or Parliament is not in session.
(3)
The House of Representatives may make an order exempting the Speaker from attending the court or tribunal.
(4)
An exemption order exempts the Speaker from attending the court or tribunal until the earlier of the following times:
(a)
the end of the session of Parliament during which the order is made:
(b)
the end of the calendar year after the calendar year during which the order is made.
(5)
The House of Representatives may make any other order that—
(a)
the House of Representatives considers appropriate; and
(b)
is consistent with subsection (4).
Compare: 2014 No 58 s 29(1)–(3)
36 Exemption of Speaker from attendance: interim exemption by Speaker
(1)
This section applies if the Speaker—
(a)
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
(b)
is satisfied that it is necessary to act without delay.
(2)
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—
(a)
defeat or seriously delay the interests of justice; or
(b)
cause irreparable injury to a party to the proceedings.
(3)
The Speaker must—
(a)
sign the interim exemption certificate; and
(b)
ensure that the certificate identifies the court or tribunal attendance it relates to; and
(c)
attach a copy of the summons to the certificate.
(4)
An interim exemption certificate ceases to have effect when—
(a)
the Speaker has brought the matter to the attention of the House of Representatives; and
(b)
the House of Representatives has decided whether to make an exemption order under section 35(3).
Compare: 2014 No 58 s 29(4)–(7)
37 Service of exemption certificate or order
A person to whom an exemption certificate, an exemption order, or an interim exemption certificate is granted under section 34, 35, or 36 must serve, or take all reasonable steps to serve, copies of the certificate or order on the plaintiff or prosecutor and all other parties to the proceedings to which the certificate or order relates.
38 Effect of certificate or order
If a certificate or an order under section 34, 35, or 36 is presented to the court or tribunal concerned,—
(a)
the member, officer of the House, or Speaker is exempted from attending the court or tribunal as provided in that section; and
(b)
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
(c)
the court or tribunal may adjourn the proceedings on any terms it considers convenient and just in light of the exemption.
Compare: 2014 No 58 s 30
Judicial notice of Speaker’s signature
39 Judicial notice of Speaker’s signature
All courts and tribunals and all persons acting judicially must take judicial notice of the Speaker’s signature on a certificate granted under section 24, 34, or 36.
Compare: 2014 No 58 s 31
Copies of parliamentary journals as evidence
40 Parliamentary journals as evidence
(1)
This section applies to copies of the Journals of the Legislative Council or the House of Representatives of New Zealand that purport to be printed by the Government Printer or published under the authority of the relevant House.
(2)
All courts and all other persons acting judicially must admit those copies as evidence of the matters stated in them, without further proof that they were printed or published as described in subsection (1).
Compare: 2014 No 58 s 31A
Part 3 Speaker, Deputy Speaker, and parliamentary precincts
41 Outline of this Part
(1)
This Part sets out provisions concerning the Speaker, the Deputy Speaker, and the parliamentary precincts.
(2)
(a)
specifies what functions, duties, and powers the Speaker may delegate and to whom; and
(b)
identifies who may act in place of the Speaker; and
(c)
specifies how references to the Speaker, the Deputy Speaker, and a member with authority to act as Speaker should be read during the period following a general election.
(3)
Subpart 2 describes the status of the parliamentary precincts and the Speaker’s role in controlling and administering the precincts.
Subpart 1—Speaker and Deputy Speaker
Delegation of Speaker’s functions, duties, and powers
42 Speaker may delegate functions and duties only if Act expressly authorises such delegation
(1)
The Speaker may delegate a function, duty, or power of the Speaker under this Act.
(2)
However, the Speaker may delegate a function, duty, or power under subsection (1) only if the delegation is expressly authorised by this Act.
(3)
The Speaker must not delegate the power to delegate under subsection (1).
43 Speaker may delegate functions, duties, and powers to Deputy Speaker
(1)
The Speaker may delegate to the Deputy Speaker any function, duty, or power of the Speaker provided for in this Act or in the Public Finance Act 1989, other than the functions and duties specified in subsection (2).
(2)
The Speaker must not delegate the following functions, duties, or powers to the Deputy Speaker:
(a)
issuing determinations under section 85(1), 86, or 87(1):
(b)
making a recommendation to the Governor-General under section 101 about appointing the Clerk or under section 125 about appointing the chief executive:
(c)
appointing a person under section 109 to act as Clerk:
(d)
appointing a person under section 130 to perform all or any of the functions and duties and exercise the powers of the chief executive:
(e)
suspending or removing the chief executive from office under clause 12 of Schedule 4.
Compare: 2000 No 17 s 33
44 Speaker may delegate functions, duties, and powers under Public Finance Act 1989 to head of parliamentary agency
The Speaker may delegate any function, duty, or power of the Speaker provided for in the Public Finance Act 1989 that relates to an appropriation administered by a parliamentary agency to the head of the relevant agency.
Compare: 2020 No 40 Schedule 6 cl 5(1)
45 How Speaker may delegate functions, duties, and powers
(1)
A delegation under section 42(1)—
(a)
may be made to—
(i)
a specified person or a specified class of persons; or
(ii)
the holder or holders for the time being of a specified office or specified class of offices; and
(b)
must be in writing.
(2)
A delegation continues to have effect according to its terms until it is revoked.
(3)
A delegation made by a Speaker who has ceased to hold office continues to have effect as if made by the successor in office of that Speaker.
46 Status and effect of delegations
(1)
The Speaker may continue to perform a delegated function or duty or exercise a delegated power.
(2)
A person who is delegated a function, duty, or power by the Speaker under this Act may perform that function or duty or exercise that power in the same manner and with the same effect as if it had been conferred or imposed on the person directly by this Act, the Public Finance Act 1989, or the Trespass Act 1980, as applicable.
(3)
Subsection (2) is subject to any general or particular directions given, or any conditions imposed, by the Speaker.
(4)
A person acting under a delegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.
(5)
A delegation by the Speaker does not affect the responsibility of the Speaker for the actions of any person acting under the delegation.
Speaker may request Public Service Commissioner to perform certain functions
47 Speaker may request Public Service Commissioner to perform certain functions under Public Service Act 2020
(1)
The Speaker may request the Public Service Commissioner to perform for a parliamentary agency the functions conferred on the Commissioner by section 44(b) to (e) of the Public Service Act 2020.
(2)
If the Public Service Commissioner accepts the request, the Commissioner must perform those functions in a way that is appropriate to the role of the parliamentary agency and its separation from the executive government.
(3)
For the purposes of this section, section 44(b) to (e) of the Public Service Act 2020 applies, with all necessary modifications, as if—
(a)
the parliamentary agency were a department; and
(b)
the head of the parliamentary agency were the chief executive of that department.
(4)
In this section, Public Service Commissioner means the Public Service Commissioner appointed under section 42 of the Public Service Act 2020.
Authority to act as Speaker
48 Deputy Speaker may act as Speaker under this Act or Public Finance Act 1989
(1)
This section applies if—
(a)
the office of Speaker is vacant; or
(b)
the Speaker is absent from duty.
(2)
The functions, duties, and powers of the Speaker under this Act and the Public Finance Act 1989 may or (in the case of a duty) must be performed or exercised by the Deputy Speaker.
(3)
Without limiting subsection (2), the functions or duties that the Deputy Speaker may or must perform under the Public Finance Act 1989, and the powers that the Deputy Speaker may exercise under that Act, include functions, duties, or powers relating to any of the following appropriations:
(a)
an appropriation made to an Office of Parliament:
(b)
an appropriation administered by a parliamentary agency.
49 Member with authority to act as Speaker
(1)
This section applies if—
(a)
the office of Speaker is vacant or the Speaker is absent from duty; and
(b)
the office of Deputy Speaker is vacant or the Deputy Speaker is absent from duty.
(2)
The functions, duties, and powers of the Speaker under this Act and the Public Finance Act 1989 may or (in the case of a duty) must be performed or exercised by a member with authority to act as Speaker.
(3)
A member with authority to act as Speaker is a member who is appointed by the House of Representatives to exercise the Speaker’s authority under the rules and practice of the House of Representatives.
(4)
If a member with authority to act as Speaker performs any function or duty or exercises any power of the Speaker, the performance of the function or duty or the exercise of the power is conclusive evidence that the member is authorised to perform that function or duty or exercise that power.
Speaker and Deputy Speaker at dissolution of Parliament and from polling day
50 Deputy Speaker to continue in office despite dissolution or expiration of Parliament
(1)
A person who is in office as Deputy Speaker immediately before the dissolution or expiration of a Parliament continues in office, despite that dissolution or expiration, until the close of polling day at the next general election unless that person sooner vacates office as Deputy Speaker.
(2)
See section 13 of the Constitution Act 1986 for the equivalent provision relating to the Speaker.
Compare: 1989 No 44 s 2(1) paragraph (b) of definition of Speaker; 2000 No 17 s 3 paragraph (b) of definition of Deputy Speaker; 2014 No 58 s 5(1) paragraph (b) of definition of Speaker
51 How to read references to Speaker, Deputy Speaker, and member with authority to act as Speaker during period following general election
(1)
This section applies to the period following a general election.
(2)
During that period, a reference in this Act—
(a)
to the Speaker is a reference to the person who held the office of Speaker immediately before the dissolution or expiration of the Parliament before the general election; and
(b)
to the Deputy Speaker is a reference to the person who held the office of Deputy Speaker immediately before the dissolution or expiration of the Parliament before the general election; and
(c)
to a member with authority to act as Speaker is a reference to a person who was a member with authority to act as Speaker within the meaning of section 49(3) immediately before the dissolution or expiration of the Parliament before the general election.
(3)
However, subsection (2)(a) does not apply to the references to the Speaker in the following sections:
(a)
section 101 (which relates to appointing the Clerk):
(b)
section 109 (which relates to appointing an acting Clerk):
(c)
section 125 (which relates to appointing the chief executive):
(d)
section 130 (which relates to appointing an acting chief executive):
(e)
clause 5 of Schedule 4 (which relates to the Clerk resigning their office):
(f)
clause 11 of Schedule 4 (which relates to the chief executive resigning):
(g)
clause 12 of Schedule 4 (which relates to the Speaker suspending or removing the chief executive).
Compare: 1989 No 44 s 2(1) paragraph (b) of definition of Speaker; 2000 No 17 s 3 paragraph (b) of definitions of Deputy Speaker and Speaker; 2014 No 58 s 5(1) paragraph (b) of definition of Speaker
Subpart 2—Parliamentary precincts
Land, premises, and status
52 Parliamentary precincts
The parliamentary precincts are all of the following land and premises:
(a)
the land described in Part 1 of Schedule 2:
(b)
any other land or premises added to the parliamentary precincts by resolution of the House of Representatives under section 53.
Compare: 2000 No 17 s 3
53 House of Representatives may add land to parliamentary precincts
(1)
The House of Representatives may, by resolution,—
(a)
add to the parliamentary precincts any land or premises in which the Crown or the Parliamentary Corporation holds an interest; or
(b)
exclude any land or premises from the parliamentary precincts.
(2)
A resolution under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(3)
The Clerk must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019.
Compare: 2000 No 17 s 25
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 114, Sch 3 | ||
| Disallowance | It is not disallowable | LA19 s 115 | ||
| This note is not part of the Act. | ||||
54 Status of parliamentary precincts
The land described in Part 1 of Schedule 2 continues to be—
(a)
vested in fee simple in the Sovereign for purposes related to use as Parliament Buildings (including the Executive Wing) and grounds; and
(b)
held under the Public Works Act 1981 as if the whole of that land had been set apart for those purposes under that Act.
Compare: 2000 No 17 s 23
55 Map of land described in Part 1 of Schedule 2
(1)
Compare: 2000 No 17 s 3 definition of Parliamentary precincts
Speaker’s role in respect of parliamentary precincts
56 Speaker controls and administers parliamentary precincts
(1)
The control and administration of the parliamentary precincts is vested in the Speaker on behalf of the House of Representatives.
(2)
The Speaker may delegate to any person any function, duty, or power that the Speaker has as a consequence of subsection (1).
Compare: 2000 No 17 s 26(1)
57 Speaker is occupier for purposes of Trespass Act 1980
(1)
The Speaker is the occupier of the parliamentary precincts for the purposes of the Trespass Act 1980.
(2)
The Speaker may delegate to any person any power of an occupier under the Trespass Act 1980.
Compare: 2000 No 17 s 26(2)
Part 4 Salaries, allowances, expenses, and services for members and others
58 Outline of this Part
(1)
This Part is about salaries, allowances, expenses, and services for members and others.
(2)
Subpart 1 sets out the purposes and interpretation of this Part and Schedule 3.
(3)
Subpart 2 identifies the principles that apply to determining and using expenses and services provided for in this Part.
(4)
Subpart 3 requires the Remuneration Authority to determine,—
(a)
for members, the salaries and allowances to be paid out of public money:
(b)
for family members of members, Ministers, and eligible candidates, travel expenses to be paid out of public money:
(c)
for Ministers, accommodation expenses to be paid out of public money:
(d)
for former Prime Ministers, travel expenses and the rate of an annuity to be paid out of public money.
(5)
Subpart 4 requires the Speaker to determine,—
(a)
for members and eligible candidates, travel expenses and accommodation expenses to be paid out of public money:
(b)
for members, parties, and eligible candidates, administrative and support services to be provided and the proper use of the funding for those services:
(c)
for members and eligible candidates, communications services to be provided:
(d)
in respect of the official inter-parliamentary relations and political exchange programmes, travel expenses and accommodation expenses to be paid out of public money for participating members and employees of the Parliamentary Service and for accompanying spouses or partners.
(6)
Subpart 5 requires the Minister Responsible for Ministerial Services to determine travel expenses for Ministers to be paid out of public money.
Compare: 2013 No 93 s 4
59 Administration of salaries, allowances, annuities, expenses, and services
(1)
(2)
Part 3 of Schedule 3 specifies requirements for a rebate of costs for travel to be paid to former members and, if applicable, their spouses or partners.
Subpart 1—Purposes and interpretation
60 Purposes of this Part and Schedule 3
(1)
The primary purpose of this Part and Schedule 3 is to ensure that members are properly supported to perform their roles and functions in a way that maintains confidence in the integrity of Parliament.
(2)
This Part and Schedule 3 achieve that purpose by—
(a)
providing for the salaries and allowances of members:
(b)
providing an efficient and effective system for determining the following matters:
(i)
what services must be provided to members and eligible candidates to enable them to carry out their work:
(ii)
how the expenses that members and eligible candidates incur in carrying out their work are met from public money.
(3)
This Part and Schedule 3 have the additional purposes of—
(a)
determining travel expenses to be paid for the benefit of family members of members and eligible candidates; and
(b)
determining an annuity to be paid to a person who has held the office of Prime Minister for a total of at least 2 years; and
(c)
determining travel expenses that may be paid to a person who has held the office of Prime Minister and that person’s spouse or partner; and
(d)
providing for a rebate of costs for travel to be paid to former members in office before the 1999 general election and, if applicable, their spouses or partners.
Compare: 2013 No 93 s 3
Interpretation
61 Interpretation of this Part
In this Part and in Schedule 3, unless the context otherwise requires,—
accommodation expenses, in relation to a person, includes—
(a)
the payment of money or an allowance for accommodation; and
(b)
additional costs that are—
(i)
associated with, or incidental to, accommodation of the person; and
(ii)
not provided for under any other determination made under this Part; and
(c)
any other means of meeting the accommodation needs of the person
adult dependant has the meaning given to it by section 62
authorised funding and services has the meaning given to it by section 63
category, in relation to expenses or services, means a grouping of similar or related expenses or services
chief executive responsible for Ministerial Services—
(a)
means the chief executive of the department responsible for the administration of services provided to Ministers; and
(b)
includes a person nominated to act as the representative of that chief executive
constituency candidate has the meaning given to it by section 3(1) of the Electoral Act 1993
department responsible for Ministerial Services means the department that is, with the authority of the Prime Minister, responsible for the administration of services provided to Ministers
dependent child has the meaning given to it by section 64
disability has the meaning given to it by section 21(1)(h) of the Human Rights Act 1993
election advertisement has the meaning given to it by section 65
electioneering has the meaning given to it by section 66
eligible candidate means a person to whom section 67(2), (4), or (6) applies
family member has the meaning given to it by section 68
former member means a person who was a member before the 1999 general election, once they are no longer a member
government-initiated referendum means a binding or indicative referendum initiated by the Government
list candidate has the meaning given to it by section 3(1) of the Electoral Act 1993
ministerial purpose—
(a)
means a purpose connected with—
(i)
a Minister’s performance of their role and functions as a Minister of the Crown; or
(ii)
a Parliamentary Under-Secretary’s performance of their role and functions as a Parliamentary Under-Secretary; but
(b)
does not include a purpose connected with electioneering
ordinary member rate—
(a)
means the basic salary for a member of Parliament specified in a determination made under section 71(1); but
(b)
does not include any other salary specified in that determination
parliamentary purpose—
(a)
means a purpose connected with—
(i)
a member’s performance of their role and functions as a member; or
(ii)
a party’s performance of those functions of the party that are directly connected to its activities in Parliament; or
(iii)
an eligible candidate’s performance of their role and functions as an eligible candidate; but
(b)
does not include a purpose connected with electioneering
partner means a civil union or de facto partner
previous ordinary member rate means the ordinary member rate that was payable as at polling day
public money has the meaning given to it by section 2(1) of the Public Finance Act 1989
publication has a corresponding meaning to publish
publish, in relation to an election advertisement or a referendum advertisement,—
(a)
has the meaning given to it by section 3D of the Electoral Act 1993; and
(b)
includes publication both in and outside New Zealand
referendum advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to vote, or not to vote, in a particular way in a government-initiated referendum
regulated period,—
(a)
in relation to a general election, has the meaning given to it by section 3B of the Electoral Act 1993; and
(b)
in relation to a by-election, has the meaning given to it by section 3BA of the Electoral Act 1993; and
(c)
in relation to a government-initiated referendum, means the period (if any) specified in legislation as being the regulated period for the referendum
travel expenses, in relation to a person, includes—
(a)
the payment of money or an allowance for the person’s travel; and
(b)
additional costs that are—
(i)
associated with, or incidental to, the person’s travel; and
(ii)
not provided for under any other determination made under this Part; and
(c)
any other means of meeting the travel needs of the person.
62 Meaning of adult dependant
Adult dependant, in relation to a person (A), means a person who has a disability that means they require ongoing daily care and—
(a)
to whom A provides ongoing care; and
(b)
who is—
(i)
18 years of age or older; and
(ii)
maintained as a member of A’s family; and
(iii)
financially dependent on A; and
(iv)
not living with another person in a marriage, civil union, or de facto relationship.
63 Meaning of authorised funding and services
(1)
Authorised funding and services means—
(a)
the expenses specified in subsection (2); and
(b)
the expenses and services specified in subsection (3), but only to the extent that they are for 1 or more of the following purposes:
(i)
a parliamentary purpose, in the case of members, eligible candidates, and parties:
(ii)
a ministerial purpose, in the case of Ministers or Parliamentary Under-Secretaries:
(iii)
the purpose of enabling a vacating member to attend to matters associated with leaving Parliament, in the case of a vacating member.
(2)
The expenses are—
(a)
travel expenses for members’, Ministers’, and eligible candidates’ family members within New Zealand determined under section 72(1)(a):
(b)
travel expenses for members within New Zealand determined under section 85(1)(a)(i):
(c)
travel expenses and accommodation expenses outside New Zealand for the following persons:
(i)
the accompanying spouse or partner of a member who is a party leader, determined under section 85(1)(c):
(ii)
members participating in the official inter-parliamentary relations programme and their accompanying spouses or partners, determined under section 87(1)(a)(i) and (ii):
(iii)
a member or an employee of the Parliamentary Service nominated to participate in a political exchange programme, determined under section 87(1)(a)(iii) or (iv).
(3)
The expenses and services are—
(a)
accommodation expenses for Ministers within New Zealand determined under section 72(1)(b):
(b)
the following expenses and services determined under section 85(1):
(i)
accommodation expenses within New Zealand for members:
(ii)
travel expenses and accommodation expenses within New Zealand for eligible candidates:
(iii)
travel expenses within New Zealand, accommodation expenses within New Zealand, and communications services for vacating members:
(iv)
travel expenses and accommodation expenses outside New Zealand for members:
(v)
administrative and support services provided to members, eligible candidates, and parties:
(vi)
communications services provided to members and eligible candidates:
(c)
travel expenses for Ministers within New Zealand determined under section 94(1).
64 Meaning of dependent child
Dependent child, in relation to a person (A), means a person—
(a)
who is—
(i)
under the age of 18 years; or
(ii)
aged 18 years or older and enrolled at a registered school within the meaning of section 10(1) of the Education and Training Act 2020; and
(b)
who is being maintained as a member of A’s family; and
(c)
to whom A provides ongoing care; and
(d)
who is not living with another person in a marriage, civil union, or de facto relationship.
Compare: 2013 No 93 s 5
65 Meaning of election advertisement
(1)
Election advertisement has the meaning given to it by section 3A of the Electoral Act 1993.
(2)
An opinion given to any person by the Electoral Commission under section 204I(3) of the Electoral Act 1993 may be taken into account in determining whether an advertisement is an election advertisement for the purposes of this Part.
66 Meaning of electioneering
(1)
Electioneering means an activity that explicitly—
(a)
seeks or discourages support for the election of a particular person; or
(b)
seeks or discourages support for the casting of a party vote for a particular political party; or
(c)
encourages a person to become or discourages a person from becoming a member of a particular political party; or
(d)
seeks, encourages, or requests subscriptions or other financial support; or
(e)
seeks support for casting a vote for one of the answers to the precise question to be put to voters in an indicative referendum initiated under the Citizens Initiated Referenda Act 1993; or
(f)
seeks support for casting a vote for one of the responses to a proposal to be put to electors in a government-initiated referendum.
(2)
In this section, political party includes all political parties, regardless of whether a political party is a party within the meaning of this Act.
67 Meaning of eligible candidate
General elections: constituency candidates
(1)
Subsection (2) applies to a constituency candidate at a general election who is—
(a)
a vacating member; or
(b)
not a vacating member and is the leading constituency candidate.
(2)
The person is an eligible candidate between the close of polling day and the day on which the writ for the election is returned under section 185 of the Electoral Act 1993.
General elections: list candidates
(3)
Subsection (4) applies to a list candidate at a general election who is—
(a)
a vacating member; or
(b)
not a vacating member and is a successful list candidate.
(4)
The person is an eligible candidate between the close of the polling day and the day on which, under section 193(5) of the Electoral Act 1993, the Electoral Commission declares candidates to be elected in the election.
By-elections
(5)
Subsection (6) applies to a constituency candidate at a by-election—
(a)
who was formerly the member and whose vacation of their seat caused the by-election to be required; or
(b)
who is—
(i)
neither a member nor was formerly the member whose vacation of their seat caused the by-election to be required; and
(ii)
the leading constituency candidate.
(6)
The person is an eligible candidate between the close of polling day and the day on which the writ for the by-election is returned under section 185 of the Electoral Act 1993.
Interpretation
(7)
In this section,—
leading constituency candidate means the constituency candidate at a general election or a by-election who the preliminary count indicates—
(a)
received more votes than any other candidate for the seat; or
(b)
is one of 2 or more candidates who received a number of votes that is—
(i)
equal; and
(ii)
greater than the number of votes received by any other candidate for the seat
preliminary count means the results of the preliminary count of votes conducted under section 174 of the Electoral Act 1993, if those results are made available by the Electoral Commission during the period starting on polling day and ending on—
(a)
the day before the day on which the writ for the election is returned under section 185 of the Electoral Act 1993, in the case of a constituency candidate; or
(b)
the day before the day on which, under section 193(5) of the Electoral Act 1993, the Electoral Commission declares candidates to be elected in the election, in the case of a list candidate
successful list candidate means a list candidate who, if the results of the official count were the same as the preliminary count, would be declared by the Electoral Commission to be an elected candidate under section 193(5) of the Electoral Act 1993.
Compare: 2013 No 93 Schedule 1
68 Meaning of family member
Family member, in relation to a person (A), means a person who is—
(a)
A’s spouse or partner; or
(b)
a dependent child of A; or
(c)
an adult dependant of A; or
(d)
a caregiver, to the extent that—
(i)
the caregiver is providing care or support to 1 or more of the following persons:
(A)
A, if A has a disability:
(B)
A’s spouse or partner, if the spouse or partner has a disability:
(C)
a dependent child of A:
(D)
an adult dependant of A; and
(ii)
that care or support is necessary to enable A to fully perform their role and functions.
Compare: 2013 No 93 s 5
Subpart 2—Principles applying to determining and using expenses and services
69 Principles applicable to making determinations
(1)
The Remuneration Authority, the Speaker, and the Minister Responsible for Ministerial Services must have regard to this section in making a determination under section 72, 85, 87, or 94.
(2)
Authorised funding and services to be paid for, or provided to, members, Ministers, and eligible candidates must be determined in a way that—
Principles relating to Parliament
(a)
is consistent with those expenses and services that are specified in section 63(3) being paid or provided only to the extent that they are for 1 or more of the purposes specified in section 63(1)(b); and
(b)
maintains confidence in the integrity of Parliament; and
(c)
recognises the need for public understanding of the work of those persons and their parties and the services they require to enable them to perform their roles and functions; and
Principles relating to transparency, independence, and fairness
(d)
promotes transparency in relation to the allocation and use of authorised funding and services necessary for members, Ministers, and parties to perform their respective roles and functions; and
(e)
maintains the independence of the Remuneration Authority; and
(f)
recognises the need to be fair to the taxpayer; and
(g)
has regard to the particular requirements of disabled members; and
Administrative principles
(h)
facilitates the efficient and effective delivery of authorised funding and services; and
(i)
makes clear whether a person or party is eligible to be paid or provided with authorised funding and services; and
(j)
is simple to administer.
Compare: 2013 No 93 s 16(1)
70 Principles applicable to use of authorised funding and services by members and eligible candidates
(1)
The principles in this section apply when a member (including a Minister) or an eligible candidate receives or uses authorised funding and services.
Appropriateness
(2)
A member or an eligible candidate may be paid for, or reimbursed for the cost of, an expense or a service that is authorised funding and services.
(3)
A member or an eligible candidate is not expected to personally meet the cost of an expense or a service that is authorised funding and services.
Accountability
(4)
A member or an eligible candidate is personally responsible for using authorised funding and services in a way that is consistent with the determination under which the funding or services are provided.
(5)
A member or an eligible candidate is personally responsible for ensuring that those expenses and services that are specified in section 63(3) are used only to the extent that they are for 1 or more of the purposes specified in section 63(1)(b).
(6)
A member or an eligible candidate is personally responsible for the way in which a person acting under the member’s or the eligible candidate’s authority uses authorised funding and services.
Openness and transparency
(7)
A member or an eligible candidate must be open and transparent in their use of authorised funding and services.
(8)
To this end, a member or an eligible candidate must—
(a)
disclose any conflict of interest relating to their use of authorised funding and services, including a conflict that is pecuniary, personal, or related to family or association:
(b)
to facilitate scrutiny, keep full and proper records of the authorised funding and services they use:
(c)
correctly follow any prescribed or required processes relating to using authorised funding and services:
(d)
if requested to do so by the chief executive, disclose the reasons for and circumstances relating to their use of authorised funding and services.
Financial prudence
(9)
A member or an eligible candidate must exercise financial prudence in relation to the use of authorised funding and services.
(10)
If making a decision about the use of authorised funding and services, a member or an eligible candidate must—
(a)
consider whether the use of authorised funding and services is an efficient and effective use of public funds; and
(b)
if proceeding with the use of authorised funding and services, select the most cost-effective option that is reasonably practicable.
Subpart 3—Salaries, allowances, and certain expenses determined by Remuneration Authority
Remuneration Authority to determine salaries, allowances, and certain expenses
71 Remuneration Authority to determine salaries and allowances
(1)
The Remuneration Authority must determine the salaries and allowances to be paid to members in accordance with the Remuneration Authority Act 1977.
(2)
The salaries and allowances may differ according to—
(a)
the parliamentary or ministerial office that a member holds; or
(b)
the electorate that a member represents; or
(c)
any other considerations that the Remuneration Authority may determine.
(3)
Before making a determination under this section, the Remuneration Authority must ascertain whether any determination made under section 72, 85, 87, or 94 was assessed by its maker as resulting in a personal benefit or potential personal benefit for members, Ministers, or their family members.
(4)
If a determination was assessed as resulting in such a benefit, the Remuneration Authority must—
(a)
take the assessed value into account in determining the salaries and allowances of the relevant members or Ministers; and
(b)
include in its determination a statement explaining how it has taken the assessed value into account.
(5)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2013 No 93 ss 8, 9(1)
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 114, Sch 3 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
72 Remuneration Authority to determine travel and accommodation expenses within New Zealand for certain persons
(1)
The Remuneration Authority must determine the following expenses to be paid out of public money:
(a)
travel expenses within New Zealand for the family members of—
(i)
members:
(ii)
eligible candidates:
(b)
accommodation expenses within New Zealand for Ministers and Parliamentary Under-Secretaries that are additional or alternative to the accommodation expenses for members determined by the Speaker under section 85(1)(a).
(2)
The Remuneration Authority must determine the extent (if at all) to which the applicable expenses under subsection (1) may continue to be provided to enable—
(a)
a vacating member or any other member who has vacated their seat to attend to matters associated with leaving Parliament; and
(b)
a member who has ceased to be a Minister to attend to matters associated with passing on ministerial responsibilities.
(3)
The Remuneration Authority must take into account the efficient and effective use of public resources when making a determination in accordance with subsection (2).
(4)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2000 No 17 s 3E; 2013 No 93 s 17
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 114, Sch 3 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
73 Remuneration Authority to determine annuity of former Prime Ministers
(1)
An annuity is to be paid, out of public money, to a person who has held the office of Prime Minister for a total of at least 2 years.
(2)
The Remuneration Authority must determine the annuity.
(3)
The annuity must be determined on the basis of a yearly rate for each year of service up to a maximum of 5 years of service.
(4)
The surviving spouse or partner of a person who has held the office of Prime Minister for a total of at least 2 years is, if that person dies, to be paid an annuity set at half the yearly rate determined by the Remuneration Authority under subsection (2).
(5)
Subsection (1) applies regardless of whether the person held the office of Prime Minister before or after the commencement of this Part.
(6)
See clause 10 of Schedule 3 (which relates to the payment of the annuity).
(7)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2013 No 93 s 43(1), (4), (5)
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 114, Sch 3 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
74 Remuneration Authority to determine travel expenses of former Prime Ministers
(1)
The Remuneration Authority must determine the travel expenses within New Zealand (if any) to be paid out of public money for the following persons:
(a)
a person who has held the office of Prime Minister:
(b)
a spouse or partner of a person who has held the office of Prime Minister, including after the death of the former Prime Minister.
(2)
If the Remuneration Authority determines under subsection (1) that travel expenses are payable, then the persons specified in the determination are to be paid, out of public money, those travel expenses.
(3)
If a former Prime Minister dies, the surviving spouse or partner of that person continues to be eligible for any expenses determined under subsection (1)(b)—
(a)
whether or not the spouse or partner remarries or re-partners; and
(b)
until the spouse or partner dies.
(4)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2013 No 93 s 44(1), (2), (5)
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 114, Sch 3 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
Application of Remuneration Authority Act 1977 to determinations made under this Act
75 Application of Remuneration Authority Act 1977 to determinations made under this Act
The following sections of the Remuneration Authority Act 1977 apply to the functions, duties, and powers of the Remuneration Authority under sections 72 to 74:
(a)
section 8 (which relates to how the Remuneration Authority conducts its meetings):
(b)
section 9 (which requires the Remuneration Authority and people engaged or employed with its work to maintain secrecy):
(c)
section 14 (which provides that a determination made by the Remuneration Authority does not require an Order in Council to fix any salary or allowance in order to have effect and that it is unlawful for a person to act contrary to a determination):
(d)
section 21(1) (which entitles persons to make written submissions to the Remuneration Authority):
(e)
section 25(1) and (3) (which gives the Remuneration Authority certain powers to carry out its functions):
(f)
section 29 (which protects members of the Remuneration Authority from personal liability).
Compare: 2013 No 93 s 7
Requirements applicable to determinations about travel and accommodation expenses
76 Procedural requirements applying to determinations about travel and accommodation expenses
Sections 77 to 82 apply to a determination made by the Remuneration Authority under section 72.
77 How frequently determination must be made
(1)
The Remuneration Authority must make a determination once in each term of Parliament.
(2)
The Remuneration Authority must consult the Speaker and the Minister Responsible for Ministerial Services at the beginning of each term about the proposed timing of its determination for that term.
(3)
A determination continues in force until it is superseded by another determination made in accordance with subsection (1).
Compare: 2013 No 93 s 32(1)–(3)
78 Remuneration Authority may amend determination
The Remuneration Authority may amend a determination while it is in force—
(a)
to remedy a defect or remove an ambiguity; or
(b)
to deal with a new matter that was not dealt with at the time the determination was made; or
(c)
if the Authority is satisfied that particular and special reasons justify, in all the circumstances, amending the determination.
Compare: 2013 No 93 s 32(4)
79 Remuneration Authority must consult before making determination
(1)
Before making a determination, the Remuneration Authority must consult the following persons:
(a)
the Speaker:
(b)
the Minister Responsible for Ministerial Services:
(c)
the Commissioner of Inland Revenue, in relation to the consequences of the proposed determination for members’ tax liability.
(2)
The Remuneration Authority must then—
(a)
prepare a draft determination; and
(b)
give all members a reasonable opportunity to consider the draft determination and be heard on it.
Compare: 2013 No 93 s 18
80 Consultation requirement if expenses result in personal benefit
(1)
This section applies if the Remuneration Authority proposes to make a determination that it considers would result in a personal benefit or potential personal benefit for 1 or more of the following persons:
(a)
a member:
(b)
a Minister:
(c)
a family member of a member or a Minister.
(2)
The Remuneration Authority must—
(a)
consult the Commissioner of Inland Revenue about the consequences of the proposed determination for members’ tax liability; and
(b)
assess the value of the benefit; and
(c)
include in the determination a statement of that assessed value.
Compare: 2013 No 93 s 16(2)
81 Remuneration Authority may require information and obtain independent advice
The Remuneration Authority may, in the course of preparing a determination,—
(a)
require the following persons to provide information that the Authority considers necessary for the purposes of making its determination:
(i)
the Clerk:
(ii)
the chief executive:
(iii)
the chief executive responsible for Ministerial Services:
(iv)
a party:
(v)
a member; and
(b)
obtain advice from a person whose background or experience the Authority considers may assist it in making its determination, including a professional adviser.
Compare: 2013 No 93 s 19
82 Notifying Remuneration Authority’s determinations
The Remuneration Authority must notify each of the following persons of each determination it makes:
(a)
the Speaker:
(b)
the leader of each party that is represented in the House of Representatives:
(c)
the Minister Responsible for Ministerial Services:
(d)
the chief executive responsible for Ministerial Services:
(e)
the chief executive.
Compare: 2013 No 93 s 20
83 Resolving issues about authorised funding and services determined by Remuneration Authority
(1)
The Remuneration Authority must establish a procedure for resolving issues about how a provision of a determination made by the Remuneration Authority under section 72 or 74 is to be interpreted or applied.
(2)
The procedure must provide for—
(a)
at least the following 2 stages:
(i)
an assessment of the issue, including whether the issue is able to be resolved by agreement:
(ii)
if required, a final decision by the Remuneration Authority; and
(b)
the participation of the chief executive, for issues concerning expenses for family members of members or eligible candidates; and
(c)
the participation of the chief executive responsible for Ministerial Services, for the following issues:
(i)
expenses of Ministers or Parliamentary Under-Secretaries or their family members:
(ii)
travel expenses of former Prime Ministers or their spouses or partners.
Permanent appropriations
84 Permanent legislative authority for payment of expenses determined by Remuneration Authority
Any expenses incurred in connection with any of the following matters may be incurred without further appropriation, and must be paid without further authority, than this section:
(a)
the salaries and allowances determined under section 71:
(b)
the expenses determined by the Remuneration Authority under section 72 that are administered by—
(i)
the Parliamentary Service; and
(ii)
the department responsible for Ministerial Services:
(c)
the annuities determined under section 73:
(d)
the travel expenses determined under section 74:
(e)
payments made in accordance with clause 8 of Schedule 3.
Subpart 4—Expenses and services determined by Speaker
Speaker to determine authorised funding and services
85 Speaker to determine authorised funding and services
(1)
The Speaker must determine the following authorised funding and services to be paid out of public money:
Travel and accommodation expenses
(a)
travel expenses and accommodation expenses within New Zealand for the following persons:
(i)
members:
(ii)
eligible candidates:
(b)
travel expenses and accommodation expenses outside New Zealand for members:
(c)
travel expenses and accommodation expenses outside New Zealand for an accompanying spouse or partner of a member who is a party leader:
Administrative and support services
(d)
the administrative and support services that must be provided to members, eligible candidates, and parties to support their parliamentary operations:
Allocation and administration of authorised funding and services
(e)
in respect of authorised funding and services,—
(i)
how the funding is allocated; and
(ii)
what the funding may be used for; and
(iii)
how the funding must be administered; and
(iv)
what requirements must be met before payments from the funding may be made:
Communications services
(f)
the communications services that must be provided to the following persons:
(i)
members:
(ii)
eligible candidates.
(2)
A determination made for the purpose specified in subsection (1)(a)(i) or (f)(i) must determine the extent (if at all) to which those expenses may continue to be provided to enable a vacating member or any other member who has vacated their seat to attend to matters associated with leaving Parliament.
(3)
The Speaker must take into account the efficient and effective use of public resources when making a determination in accordance with subsection (2).
(4)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2000 No 17 ss 3B(1)(c)–(f), 3E; 2013 No 93 s 23
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Speaker must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
Speaker may determine matters relating to information requests and reporting
86 Speaker may determine matters relating to information requests and reporting
(1)
The Speaker may determine the following matters:
(a)
a category of expenses or a category of services determined under section 85(1) that the Parliamentary Service must report on publicly:
(b)
what information the Parliamentary Service must report in respect of that category:
(c)
how the Parliamentary Service must report on that category:
(d)
how the Parliamentary Service must handle a request for information about expenses or services that are determined in a determination made under section 85(1) if that information is not already available under a report published in accordance with—
(i)
a determination made under this section; or
(ii)
clause 18 of Schedule 3.
(2)
See clause 18 of Schedule 3 (which relates to reporting on specified categories of expenses).
(3)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Speaker must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
Speaker to determine expenses for certain inter-parliamentary and exchange programmes
87 Speaker to determine travel and accommodation expenses for official inter-parliamentary relations and political exchange programmes
(1)
The Speaker must determine the following expenses to be paid out of public money:
(a)
travel expenses and accommodation expenses outside New Zealand for the following persons:
(i)
members participating in the official inter-parliamentary relations programme:
(ii)
spouses or partners accompanying members who are participating in the official inter-parliamentary relations programme:
(iii)
members nominated to participate in a political exchange programme:
(iv)
employees of the Parliamentary Service nominated to participate in a political exchange programme:
(b)
travel expenses, accommodation expenses, and related expenses outside New Zealand for members undertaking approved professional development associated with their participation in the official inter-parliamentary relations programme.
(2)
The Speaker must determine the expenses specified in subsection (1) in a way that facilitates any member travelling as a participant in the applicable programme, regardless of a member’s individual needs.
(3)
In this section, approved professional development means professional development that the Speaker has approved as being for a purpose that is—
(a)
related to the member’s professional development; and
(b)
appropriate in relation to the member’s participation in the inter-parliamentary relations programme.
(4)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2013 No 93 ss 23(1)(f), 34, 35
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Speaker must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
Requirements applicable to determinations made under this subpart
88 Procedural requirements applying to determinations made under this subpart
(1)
Sections 89 to 93 apply to a determination made by the Speaker under section 85(1).
(2)
Section 91(a) applies to a determination made by the Speaker under section 86(1).
(3)
Section 92 applies to a determination made by the Speaker under section 87(1).
89 How frequently determinations must be made
(1)
The Speaker must make a determination under section 85(1) once in each term of Parliament.
(2)
The Speaker must consult the Remuneration Authority and the Minister Responsible for Ministerial Services at the beginning of each term about the proposed timing of all determinations to be made by the Speaker for that term.
(3)
A determination continues in force until it is superseded by another determination made in accordance with subsection (1).
Compare: 2013 No 93 s 32(1)–(3)
90 Speaker may amend determination
The Speaker may amend a determination while it is in force—
(a)
to remedy a defect or remove an ambiguity; or
(b)
to deal with a new matter that was not dealt with at the time the determination was made; or
(c)
if the Speaker is satisfied that particular and special reasons justify, in all the circumstances, amending the determination; or
(d)
to deal with matters arising from changes that occur from year to year in the amounts appropriated in Appropriation Acts for expenses, services, and party and member support funding; or
(e)
to ensure the adequacy for members, parties, and eligible candidates of the following:
(i)
travel and accommodation expenses:
(ii)
administrative and support services:
(iii)
communications services.
Compare: 2013 No 93 s 32(5)–(7)
91 Speaker must take advice into account and consult before making determination
Before making a determination, the Speaker must—
(a)
take into account any relevant advice given by the Parliamentary Service Commission under section 154(1)(a); and
(b)
consult the following:
(i)
the Remuneration Authority:
(ii)
the Minister Responsible for Ministerial Services:
(iii)
the Commissioner of Inland Revenue, in relation to the consequences of the proposed determination for members’ tax liability.
Compare: 2013 No 93 s 24
92 Consultation requirement if expenses result in personal benefit
(1)
This section applies if the Speaker proposes to make a determination that the Speaker considers would result in a personal benefit or potential personal benefit for 1 or more of the following persons:
(a)
a member:
(b)
a Minister:
(c)
a family member of a member or a Minister.
(2)
The Speaker must—
(a)
consult the Commissioner of Inland Revenue about the consequences of the proposed determination for members’ tax liability; and
(b)
assess the value of the benefit; and
(c)
include in the determination a statement of that assessed value.
Compare: 2013 No 93 s 16(2)
93 Resolving issues about authorised funding and services determined by Speaker
(1)
The Speaker must establish a procedure for resolving issues about how any provision of a determination made by the Speaker under section 85(1) is to be interpreted or applied.
(2)
The procedure must provide for—
(a)
at least the following 2 stages:
(i)
an assessment of the issue, including whether the issue is able to be resolved by agreement:
(ii)
if required, a final decision by the Speaker; and
(b)
the participation of the chief executive.
Compare: 2013 No 93 s 26
Subpart 5—Expenses determined by Minister Responsible for Ministerial Services
94 Minister Responsible for Ministerial Services to determine travel expenses for Ministers
(1)
The Minister Responsible for Ministerial Services must determine travel expenses to be paid out of public money for travel within New Zealand by Ministers and Parliamentary Under-Secretaries for a ministerial purpose.
(2)
Expenses determined under subsection (1) are in addition or alternative to expenses determined by the Speaker under section 85(1)(a).
(3)
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2013 No 93 s 27
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It is not disallowable because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 115(d), Sch 3 | ||
| This note is not part of the Act. | ||||
Requirements applicable to determinations made under this subpart
95 How frequently determinations must be made
(1)
The Minister Responsible for Ministerial Services must make a determination once in each term of Parliament.
(2)
The Minister Responsible for Ministerial Services must consult the Remuneration Authority and the Speaker at the beginning of each term about the proposed timing of the Minister’s determination for that term.
(3)
A determination continues in force until it is superseded by another determination made in accordance with subsection (1).
Compare: 2013 No 93 s 32(1)–(3)
96 Minister Responsible for Ministerial Services may amend determination
The Minister Responsible for Ministerial Services may amend a determination while it is in force—
(a)
to remedy a defect or remove an ambiguity; or
(b)
to deal with a new matter that was not dealt with at the time the determination was made; or
(c)
if the Minister Responsible for Ministerial Services is satisfied that particular and special reasons justify, in all the circumstances, amending the determination; or
(d)
to deal with matters arising from changes that occur from year to year in the amounts appropriated in Appropriation Acts for travel expenses; or
(e)
to ensure the adequacy of travel expenses for Ministers.
Compare: 2013 No 93 s 32(5)–(7)
97 Minister must consult before making determination
Before making a determination, the Minister Responsible for Ministerial Services must consult the following:
(a)
the Speaker:
(b)
the Remuneration Authority:
(c)
the Commissioner of Inland Revenue, in relation to the consequences of the proposed determination for Ministers’ tax liability.
Compare: 2013 No 93 s 28
98 Consultation requirement if expenses result in personal benefit
(1)
This section applies if the Minister Responsible for Ministerial Services proposes to make a determination that the Minister considers would result in a personal benefit or potential personal benefit for one or both of the following persons:
(a)
a Minister:
(b)
a family member of a Minister.
(2)
The Minister Responsible for Ministerial Services must—
(a)
consult the Commissioner of Inland Revenue about the consequences of the proposed determination for Ministers’ tax liability; and
(b)
assess the value of the benefit; and
(c)
include in the determination a statement of that assessed value.
Compare: 2013 No 93 s 16(2)
99 Resolving issues about authorised funding and services determined by Minister Responsible for Ministerial Services
(1)
The Minister Responsible for Ministerial Services must establish a procedure for resolving issues about how any provision of a determination by the Minister under section 94 is to be interpreted or applied.
(2)
The procedure must provide for—
(a)
at least the following 2 stages:
(i)
an assessment of the issue, including whether the issue is able to be resolved by agreement:
(ii)
if required, a final decision by the Minister Responsible for Ministerial Services; and
(b)
the participation of the chief executive responsible for Ministerial Services.
Compare: 2013 No 93 s 30
Part 5 Clerk and Office of the Clerk
100 Outline of this Part
(1)
This Part sets out provisions concerning the Clerk and the Office of the Clerk.
(2)
Subpart 1 provides for matters relating to the Clerk, including the Clerk’s appointment and functions, duties, and powers.
(3)
Subpart 2 continues the Office of the Clerk and provides for appointing and removing employees, and creates a related offence.
Subpart 1—Clerk
Appointment, functions, duties, powers, and delegations
101 Appointment of Clerk
(1)
The Governor-General must, on the recommendation of the Speaker, appoint a Clerk of the House of Representatives.
(2)
Before making a recommendation, the Speaker must consult—
(a)
the leader of each party that is represented in the House of Representatives; and
(b)
any other members who the Speaker considers it desirable to consult.
(3)
This section does not apply during the period following a general election.
102 Clerk’s functions, duties, and powers
(1)
The functions, duties, and powers of the Clerk are—
(a)
to lead and manage the Office of the Clerk:
(b)
to ensure that the employees of the Office of the Clerk—
(i)
perform the functions and duties and exercise the powers conferred or imposed on them by law or by the rules and practice of the House of Representatives; and
(ii)
maintain—
(A)
proper standards of integrity and conduct; and
(B)
concern for the public interest:
(c)
to advise the House of Representatives, the Speaker, and members on matters of parliamentary practice and procedure, and parliamentary law:
(d)
to note all proceedings of the House of Representatives and its committees:
(e)
to produce and publish the official report of the proceedings of the House of Representatives and its committees:
(f)
to communicate to the public the proceedings of the House of Representatives and its committees:
(g)
to educate the public about Parliament and support the public to engage with Parliament:
(h)
to support Parliament to engage with other parliaments:
(i)
to perform any other function or duty or exercise any other power conferred or imposed on the Clerk by law or by the rules and practice of the House of Representatives.
(2)
The Clerk is responsible to the Speaker for managing the Office of the Clerk efficiently, effectively, and economically.
(3)
The Clerk has all the powers that are reasonably necessary to perform the functions and duties and exercise the powers conferred or imposed under this Act or other legislation on—
(a)
the Clerk; or
(b)
the Office of the Clerk.
103 Clerk requires approval of Minister of Finance to undertake certain financial activities
(1)
The Clerk requires the written approval of the Minister of Finance in order to—
(a)
borrow money or lend money:
(b)
give a guarantee or indemnity:
(c)
issue a public security:
(d)
enter into a derivative.
(2)
In this section, borrow money, derivative, lend money, and public security have the meanings given to them by section 2(1) of the Public Finance Act 1989.
Compare: 2001 No 10 Schedule 3 cl 7
104 Delegation of Clerk’s functions, duties, or powers
(1)
The Clerk may delegate any function, duty, or power of the Clerk to a person holding any of the following positions:
(a)
an officer of the House:
(b)
the chief executive:
(c)
an employee of the Parliamentary Service:
(d)
a person working for a parliamentary agency as a contractor or secondee.
(2)
The functions, duties, and powers that the Clerk may delegate include functions, duties, and powers delegated to the Clerk under this Act or other legislation or the rules and practice of the House of Representatives.
(3)
The delegation—
(a)
may be made to—
(i)
a specified person or a specified class of persons; or
(ii)
the holder or holders for the time being of a specified office or specified class of offices; and
(b)
must be in writing.
(4)
The Clerk must not delegate the power to delegate under this section.
(5)
A person who is delegated a function, duty, or power under this section may perform that function or duty or exercise that power in the same manner and with the same effect as if it had been conferred or imposed on the person directly by this Act or other legislation or the rules and practice of the House of Representatives.
(6)
The Clerk may impose conditions on the performance of a function or duty or exercise of a power delegated under subsection (1).
(7)
A person acting under a delegation under this section must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.
Compare: 1988 No 126 s 12(1)–(4)
105 Status of delegations
(1)
A delegation under this Part continues to have effect according to its terms until it is revoked.
(2)
The Clerk may revoke the delegation in writing.
(3)
A delegation made by a Clerk who has ceased to hold office continues to have effect as if made by the Clerk’s successor or the person acting for the Clerk.
(4)
The Clerk may continue to perform a function or duty or exercise a power delegated under this Part.
(5)
A delegation by the Clerk under this Part does not affect the responsibility of the Clerk for the actions of any person acting under the delegation.
106 Additional provisions relating to Clerk holding office
Additional provisions relating to the Clerk holding office are set out in Part 1 of Schedule 4.
Deputy Clerk
107 Functions, duties, and powers of Deputy Clerk
(1)
The Deputy Clerk has—
(a)
the functions, duties, and powers conferred or imposed on the Deputy Clerk by law or by the rules and practice of the House of Representatives:
(b)
the functions, duties, and powers that the Clerk assigns to the Deputy Clerk, which may include a function, duty, or power of the Clerk.
(2)
The Deputy Clerk is subject to the control of the Clerk in performing the functions and duties and exercising the powers conferred or imposed on the Deputy Clerk under this section.
Compare: 1988 No 126 s 5(1)
108 Deputy Clerk may perform Clerk’s functions, duties, and powers
(1)
This section applies if—
(a)
the office of Clerk is vacant; or
(b)
the Clerk is absent from duty (for whatever reason) and is unable to—
(i)
perform the functions and duties or exercise the powers conferred or imposed on them by law or by the rules and practice of the House of Representatives; or
(ii)
delegate them to another person.
(2)
The Deputy Clerk may perform the functions and duties and exercise the powers of the Clerk.
(3)
If the Deputy Clerk performs a function or duty or exercises a power of the Clerk under this section or section 107, the performance of the function or duty or the exercise of the power is conclusive evidence that the Deputy Clerk is authorised to perform that function or duty or exercise that power.
Compare: 1988 No 126 s 5(2), (3)
Acting Clerk
109 Speaker may appoint acting Clerk
(1)
Subsection (2) applies if the circumstances described in section 108(1) apply and—
(a)
the office of Deputy Clerk is vacant; or
(b)
the Deputy Clerk is absent from duty (for whatever reason) and unable to perform the functions and duties and exercise the powers of the Clerk.
(2)
The Speaker may appoint an employee of a parliamentary agency—
(a)
to act as Clerk; and
(b)
to perform the functions and duties and exercise the powers of the Clerk.
(3)
The appointment may be made before the absence or vacancy occurs or while it continues.
(4)
The Governor-General may act in place of the Speaker under subsection (2)—
(a)
if—
(i)
the office of Speaker is vacant or the Speaker is absent from duty; and
(ii)
the office of Deputy Speaker is vacant or the Deputy Speaker is absent from duty; and
(iii)
there is no member with authority to act as Speaker; or
(b)
during the period following a general election.
Compare: 1988 No 126 s 6(1), (3)
110 Further matters applying to acting Clerk
(1)
If a person appointed to act as Clerk performs a function or duty or exercises a power of the Clerk, the performance of the function or duty or the exercise of the power is conclusive evidence that the person is authorised to perform that function or duty or exercise that power.
(2)
If the circumstances described in section 109(1) apply for a period of more than 3 months’ duration,—
(a)
no earlier appointment made under section 109(2) may continue except with the approval of the Governor-General; and
(b)
no further appointment may be made under section 109(2) except with the approval of the Governor-General.
Subpart 2—Office of the Clerk
111 Office of the Clerk continued
(1)
The Office of the Clerk of the House of Representatives established under section 14 of the Clerk of the House of Representatives Act 1988 is continued.
(2)
The Office of the Clerk is not an instrument of the Crown.
Compare: 1988 No 126 s 14
Employment
112 Clerk appoints employees
(1)
The Clerk may appoint to the Office of the Clerk the employees that the Clerk thinks necessary.
(2)
However, the Clerk must appoint, as an employee of the Office of the Clerk, a Deputy Clerk.
(3)
A person appointed under this section is an officer of the House.
(4)
An appointment under this section is provisional pending the outcome of any review of that appointment under clause 7 of Schedule 5.
113 Clerk is employer and may remove employees
(1)
The Clerk has the rights, duties, and powers of the employer of the employees of the Office of the Clerk.
(2)
The Clerk may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from their office or employment.
114 Offence to solicit or attempt to influence Clerk in employment matters
(1)
A person commits an offence if—
(a)
they directly or indirectly solicit or attempt to improperly influence the Clerk or a delegate of the Clerk; and
(b)
they do so when the Clerk or delegate is making a decision about an individual employee, including a decision about—
(i)
appointing, promoting, demoting, transferring, or disciplining an employee; and
(ii)
removing an employee from their office or employment.
(2)
A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
Compare: 2020 No 40 s 103
115 Additional provisions relating to employment in Office of the Clerk
Additional provisions relating to employment in the Office of the Clerk are set out in Schedule 5.
Other provisions relating to Office of the Clerk
116 Immunity for Clerk and employees
The Clerk and the employees of the Office of the Clerk are immune from liability in civil proceedings for good-faith actions or omissions if they are—
(a)
carrying out or intending to carry out their responsibilities; or
(b)
performing or exercising or intending to perform or exercise their functions, duties, or powers.
Compare: 2020 No 40 s 104
117 Money to be appropriated by Parliament for purposes of this Part
All salaries and allowances and other expenditure payable under, or incurred in, the administration of this Part must be paid out of money appropriated by Parliament for the purpose.
Compare: 1988 No 126 s 29
118 Audit
(1)
The Office of the Clerk is a public entity within the meaning of section 5 of the Public Audit Act 2001. (See section 5(1)(ba) of that Act.)
(2)
Accordingly, the Auditor-General is the auditor of the Office of the Clerk under that Act.
Compare: 1988 No 126 s 30
119 Right of access to personal information
(1)
Part 4 of the Official Information Act 1982 applies to the Office of the Clerk as if it were an organisation within the meaning of that Act.
(2)
Section 35 of the Official Information Act 1982 applies accordingly with all necessary modifications.
Compare: 1988 No 126 s 31
Part 6 Parliamentary Service and other parliamentary bodies
120 Outline of this Part
(1)
This Part sets out provisions concerning the Parliamentary Service, the Parliamentary Corporation, and the Parliamentary Service Commission.
(2)
Subpart 1 continues the Parliamentary Service and provides for its functions, duties, and powers, as well as matters relating to the chief executive.
(3)
Subpart 2 continues the Parliamentary Corporation and provides for its functions, duties, and powers.
(4)
Subpart 3 continues the Parliamentary Service Commission and provides for its functions, duties, and powers.
121 Interpretation of this Part and Schedule 5
In this Part and in Schedule 5, unless the context otherwise requires,—
Commission member—
(a)
means a member of the House of Representatives who is also a member of the Parliamentary Service Commission; but
(b)
does not include the Speaker
Corporation member—
(a)
means a member of the House of Representatives who is also a member of the Parliamentary Corporation; but
(b)
does not include the Speaker or the chief executive
equal employment opportunities programme means a programme that is aimed at identifying and eliminating all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality with respect to the employment of a person or group of persons
parliamentary party employee means an employee who is employed by the Parliamentary Service to work directly for 1 or more of the following:
(a)
the office of a party leader:
(b)
the office of a party whip
redundancy payment includes any payment or other benefit provided on the ground of a person’s position being disestablished
union means a union registered under Part 4 of the Employment Relations Act 2000.
Subpart 1—Parliamentary Service
Parliamentary Service continued
122 Parliamentary Service continued
(1)
(2)
The Parliamentary Service is not an instrument of the Crown.
Compare: 2000 No 17 s 6
Functions, duties, and powers
123 Principal functions, duties, and powers of Parliamentary Service
(1)
The principal functions, duties, and powers of the Parliamentary Service are as follows:
(a)
to provide administrative and support services to the House of Representatives and to members:
(b)
to administer the payment of salaries and allowances to members:
(c)
to administer the expenses and provide the services provided for in Part 4 (except those determined under section 87 (which relates to travel and accommodation expenses for official inter-parliamentary relations and political exchange programmes)):
(d)
to provide physical security services to ensure—
(i)
the secure and orderly operation of Parliament; and
(ii)
the safety of persons within the parliamentary precincts:
(e)
to provide library, information, research, and reference services, as required by the chief executive:
(f)
to educate the public about Parliament and support the public to engage with Parliament.
(2)
The services referred to in subsection (1)(e) must be provided to the following individuals and entities:
(a)
members:
(b)
the Clerk and the Office of the Clerk:
(c)
officers of Parliament and their offices:
(d)
the Parliamentary Service and employees of the Parliamentary Service:
(e)
persons employed within Parliament Buildings (including the Executive Wing):
(f)
any other person or class of persons approved by the Speaker.
(3)
In this section and in section 124, officer of Parliament means an Ombudsman, the Parliamentary Commissioner for the Environment, or the Controller and Auditor-General.
124 Further functions, duties, and powers of Parliamentary Service
(1)
The chief executive may agree to the Parliamentary Service providing administrative and support services to the following individuals and entities:
(a)
the Clerk and the Office of the Clerk:
(b)
any officer of Parliament and their office:
(c)
any department or other instrument of the Crown.
(2)
The Parliamentary Service has any other function, duty, or power that is conferred or imposed on it by or under this Act or any other legislation.
(3)
This Act does not impose any limitation on any department or other instrument of the Crown providing administrative or support services to the House of Representatives or to members.
Compare: 2000 No 17 s 9
Chief executive: appointment, functions, duties, powers, and delegations
125 Appointment of chief executive
(1)
The Governor-General must, on the recommendation of the Speaker, appoint a chief executive of the Parliamentary Service.
(2)
Before making a recommendation, the Speaker must consult—
(a)
the leader of each party that is represented in the House of Representatives; and
(b)
any other members the Speaker considers it desirable to consult.
(3)
The Speaker must not recommend a person for appointment unless the vacancy has been notified in a way that the Speaker is satisfied is sufficient to enable suitably qualified persons to apply for the position.
(4)
This section does not apply during the period following a general election.
126 Chief executive’s functions, duties, and powers
(1)
The functions, duties, and powers of the chief executive are—
(a)
to lead and manage the Parliamentary Service:
(b)
to ensure that the employees of the Parliamentary Service—
(i)
perform the functions and duties and exercise the powers conferred or imposed on them by law; and
(ii)
maintain—
(A)
proper standards of integrity and conduct; and
(B)
concern for the public interest:
(c)
to advise the Speaker and the Parliamentary Service Commission on the operation and administration of the Parliamentary Service and the delivery of funding and services under Part 4:
(d)
to perform any other function or duty and exercise any other power conferred or imposed on the chief executive by law.
(2)
The chief executive is responsible to the Speaker for—
(a)
the performance of the functions and duties and the exercise of the powers conferred or imposed on the chief executive and the Parliamentary Service by law:
(b)
managing the Parliamentary Service efficiently, effectively, and economically.
(3)
The chief executive has all the powers that are reasonably necessary to perform the functions and duties and exercise the powers conferred or imposed under this Act or other legislation on—
(a)
the chief executive; or
(b)
the Parliamentary Service.
Compare: 2000 No 17 s 11(1)
127 Delegation of chief executive’s functions, duties, or powers
(1)
The chief executive may delegate any function, duty, or power of the chief executive to a person holding any of the following positions:
(a)
an employee of the Parliamentary Service:
(b)
the Clerk:
(c)
any other officer of the House:
(d)
a person working for a parliamentary agency as a contractor or secondee.
(2)
The functions, duties, and powers that the chief executive may delegate include functions, duties, or powers delegated to the chief executive under this Act or other legislation.
(3)
The delegation—
(a)
may be made to—
(i)
a specified person or to a specified class of persons; or
(ii)
the holder or holders for the time being of a specified office or specified class of offices; and
(b)
must be in writing.
(4)
The chief executive must not delegate the power to delegate under this section.
(5)
A person who is delegated a function, duty, or power under this section may perform that function or duty or exercise that power in the same manner and with the same effect as if they had been conferred or imposed on the person directly by this Act or other legislation.
(6)
The chief executive may impose conditions on the performance of a function or duty or exercise of a power delegated under subsection (1).
(7)
A person acting under a delegation under this section must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.
Compare: 2000 No 17 Schedule 1 cl 8
128 Status of delegations
(1)
A delegation under this Part continues to have effect according to its terms until it is revoked.
(2)
The chief executive must revoke the delegation in writing.
(3)
A delegation made by a chief executive who has ceased to hold office continues to have effect as if made by the successor in office of that chief executive.
(4)
The chief executive may continue to perform a function or duty or exercise a power delegated under this Part.
(5)
A delegation by the chief executive under this Part does not affect the responsibility of the chief executive for the actions of any person acting under the delegation.
Compare: 2000 No 17 Schedule 1 cl 9
129 Additional provisions relating to chief executive’s employment
Additional provisions relating to the employment of the chief executive are set out in Part 2 of Schedule 4.
Acting chief executive
130 Speaker to appoint acting chief executive
(1)
Subsection (2) applies if—
(a)
the office of chief executive is vacant; or
(b)
the chief executive is absent from duty (for whatever reason) and is unable to delegate their functions, duties, and powers under this Act to another person.
(2)
The Speaker must appoint one of the following persons to perform all or any of the functions and duties and exercise all or any of the powers of the chief executive:
(a)
an employee of a parliamentary agency:
(b)
an employee of a department.
(3)
The appointment may be made before the absence or vacancy occurs or while it continues.
(4)
An appointment of an acting chief executive and acts done by them cannot be questioned in proceedings on the grounds that—
(a)
the appointment was made for no reason or for a reason that no longer applies; or
(b)
the acting chief executive was not appointed to the position of chief executive.
(5)
The Speaker must determine the conditions of employment that are to apply to an acting chief executive.
(6)
The Governor-General may act in place of the Speaker under subsection (2)—
(a)
if—
(i)
the office of Speaker is vacant or the Speaker is absent from duty; and
(ii)
the office of Deputy Speaker is vacant or the Deputy Speaker is absent from duty; and
(iii)
there is no member with authority to act as Speaker; or
(b)
during the period following a general election.
Compare: 2000 No 17 Schedule 1 cl 6; 2020 No 40 Schedule 7 cl 9
Employment in Parliamentary Service
131 Chief executive is employer and appoints and may remove employees
(1)
The chief executive may appoint to the Parliamentary Service the employees that the chief executive thinks necessary.
(2)
The chief executive has the rights, duties, and powers of the employer of the employees of the Parliamentary Service.
(3)
The chief executive may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from their office or employment.
(4)
An appointment under this section (except an appointment of a parliamentary party employee) is provisional pending the outcome of any review of that appointment under clause 7 of Schedule 5.
Compare: 2020 No 40 s 66
132 Appointing and removing parliamentary party employees
(1)
The chief executive must have regard to the wishes of the relevant party when—
(a)
appointing a parliamentary party employee to the Parliamentary Service; and
(b)
removing a parliamentary party employee from their office or employment.
(2)
The wishes of the relevant party may be expressed on the party’s behalf by a person acting under the party’s authority.
133 Immunity for chief executive and employees
The chief executive and employees of the Parliamentary Service are immune from liability in civil proceedings for good-faith actions or omissions if they are—
(a)
carrying out or intending to carry out their responsibilities; or
(b)
performing or exercising or intending to perform or exercise their functions, duties, or powers.
Compare: 2020 No 40 s 104
134 Additional provisions relating to employment in Parliamentary Service
Additional provisions relating to employment in the Parliamentary Service are set out in Schedule 5.
Parliamentary security officers
135 Appointing parliamentary security officers
(1)
The chief executive may, by notice in writing, appoint any of the following as a parliamentary security officer:
(a)
an employee of the Parliamentary Service who has completed an approved training course to the satisfaction of the chief executive:
(b)
if the chief executive considers it necessary or desirable, any other person who the chief executive is satisfied—
(i)
is qualified and trained to a standard at least equivalent to the standard of qualification and training reached by an employee of the class referred to in paragraph (a); or
(ii)
belongs to a class of persons who are qualified and trained to a standard at least equivalent to the standard of qualification and training reached by an employee of the class referred to in paragraph (a).
(2)
The chief executive may, in the notice, specify conditions of, or limitations on, the parliamentary security officer’s appointment.
(3)
A person appointed as a parliamentary security officer under subsection (1)(b) is deemed to be an employee of the Parliamentary Service appointed under section 131(1), and section 131 applies accordingly.
(4)
To avoid doubt, a person’s appointment as a parliamentary security officer ends when the person ceases to be eligible for appointment as a parliamentary security officer.
(5)
In subsection (1)(a), approved training course means a programme of training that the chief executive has approved, after having consulted—
(a)
the Commissioner of Police; and
(b)
the chief executive of the Ministry of Justice.
136 Identity cards
(1)
The chief executive must give each parliamentary security officer an identity card (or another means of identification) that contains the following information:
(a)
the officer’s name, which may be only part of their full name:
(b)
the officer’s appointment as a parliamentary security officer:
(c)
a photographic image of the officer’s face:
(d)
a number or identifier unique to that officer.
(2)
A parliamentary security officer must, when exercising powers under this Act, produce their identity card (or other means of identification) for inspection on request.
(3)
A person who ceases to be a parliamentary security officer must as soon as practicable return the identity card (or other means of identification) to the chief executive.
Compare: 2015 No 70 s 164
137 Immunity of parliamentary security officers and persons assisting them
The following persons are not liable in any criminal or civil proceedings for any act done or omitted to be done in good faith in the performance or exercise, or intended performance or exercise, of a parliamentary security officer’s powers and duties under this Act:
(a)
a parliamentary security officer:
(b)
a person called on to assist a parliamentary security officer.
Compare: 2015 No 70 s 177
138 Further provisions relating to parliamentary security officers
Further provisions relating to parliamentary security officers are set out in Part 7.
Offences
139 Offence to solicit or attempt to influence chief executive in employment matters
(1)
A person commits an offence if—
(a)
they directly or indirectly solicit or attempt to improperly influence the chief executive or a delegate of the chief executive; and
(b)
they do so when the chief executive or delegate is making a decision about an individual employee, including a decision about—
(i)
appointing, promoting, demoting, transferring, or disciplining an employee; and
(ii)
removing an employee from their office or employment.
(2)
A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
(3)
This section is subject to section 132.
Compare: 2020 No 40 s 103
140 Offence to resist or obstruct parliamentary security officer or person assisting them
(1)
A person must not resist or wilfully obstruct, or incite or encourage any person to resist or obstruct,—
(a)
a parliamentary security officer who is exercising or performing any of the powers or duties conferred or imposed on the officer under Part 7; or
(b)
a person who is assisting the officer to exercise or perform any such power or duty.
(2)
A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months.
Compare: 1999 No 115 s 30
Audit
Subpart 2—Parliamentary Corporation
Parliamentary Corporation continued
142 Parliamentary Corporation continued
The Parliamentary Corporation established under section 27 of the Parliamentary Service Act 2000 is continued.
Compare: 2000 No 17 s 27
143 Status of Parliamentary Corporation
(1)
The Parliamentary Corporation—
(a)
is a body corporate with perpetual succession and a common seal; and
(b)
has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of an individual of full age and capacity (except as provided by subsection (2) and sections 146 and 147).
(2)
The Parliamentary Corporation may exercise its powers only for the purpose of performing its functions or duties.
Compare: 2000 No 17 s 27
Functions, duties, and powers
144 Functions, duties, and powers of Parliamentary Corporation
(1)
The functions, duties, and powers of the Parliamentary Corporation are as follows:
(a)
to facilitate transactions relating to the functions, duties, and powers of the Parliamentary Service:
(b)
to acquire, hold, and dispose of interests in land and other assets for purposes related to the operation and administration of Parliament.
(2)
The assets and liabilities of the Parliamentary Corporation must be treated as being assets and liabilities of the Parliamentary Service for the purposes of the Public Finance Act 1989 and the Public Audit Act 2001.
145 Specific powers of Parliamentary Corporation
(1)
The Parliamentary Corporation may—
(a)
enter into deeds, contracts, or arrangements—
(i)
to purchase, or take on lease or licence, any land or buildings or to acquire any other interest in land or buildings (whether or not that land or those buildings are subject to any encumbrance); and
(ii)
to sell, transfer, assign, or otherwise dispose of any lease or other interest in land or buildings (whether or not that land or those buildings are subject to any encumbrance); and
(iii)
to erect, alter, rebuild, or add to any building; and
(iv)
to develop or improve any land; and
(v)
to install partitioning in any building; and
(vi)
to fit out any building; and
(b)
grant leases, tenancies, or licences over land or buildings held by the Parliamentary Corporation, and create easements and restrictive covenants over that land or those buildings, and accept surrenders or partial surrenders of interests granted by the Parliamentary Corporation; and
(c)
incur any other obligations relevant to the functions, duties, or powers of the Parliamentary Service.
(2)
This section does not limit section 144.
(3)
In this section,—
building includes part of a building
encumbrance, in relation to any land or building, means any mortgage, charge, lease, easement, or restrictive covenant or other encumbrance to which the land or building is subject
lease includes a sublease
licence includes a sublicence.
Compare: 2000 No 17 s 30
146 Parliamentary Corporation requires approval of Minister of Finance to undertake certain financial activities
(1)
The Parliamentary Corporation requires the written approval of the Minister of Finance in order to—
(a)
lend money:
(b)
give a guarantee or indemnity:
(c)
issue a public security:
(d)
enter into a derivative.
(2)
In this section, derivative, lend money, and public security have the meanings given to them by section 2(1) of the Public Finance Act 1989.
Compare: 2001 No 10 Schedule 3 cl 7
147 No borrowing power
The Parliamentary Corporation has no power to borrow money.
Compare: 2000 No 17 s 31
Membership and procedure
148 Membership of Parliamentary Corporation
(1)
The following persons are members of the Parliamentary Corporation:
(a)
the Speaker:
(b)
the chief executive:
(c)
2 other persons appointed by the Parliamentary Service Commission under section 154(1)(b).
(2)
A person may resign as a Corporation member by written notice to the chairperson of the Parliamentary Corporation.
(3)
A person ceases to be a Corporation member if—
(a)
the Parliamentary Service Commission revokes the person’s appointment or appoints a different Commission member; or
(b)
the person ceases to be a Commission member.
(4)
A person who, immediately before the dissolution or expiration of a Parliament, is a Corporation member continues to be a Corporation member until the first meeting of the House of Representatives after the next general election.
(5)
Subsection (4) applies despite subsection (3)(b).
Compare: 2000 No 17 s 29
149 Chairperson of Parliamentary Corporation
The Speaker is the chairperson of the Parliamentary Corporation.
Compare: 2000 No 17 Schedule 4 cl 1
150 Chief executive and secretary
(1)
The chief executive is the chief executive of the Parliamentary Corporation.
(2)
The chief executive, as the chief executive of the Parliamentary Corporation, may appoint an employee of a parliamentary agency to be the secretary of the Parliamentary Corporation.
Compare: 2000 No 17 Schedule 4 cl 2
151 Procedure of Parliamentary Corporation
Part 1 of Schedule 6 contains provisions relating to the procedure of the Parliamentary Corporation.
Compare: 2000 No 17 s 32
152 Regulation of procedure and performance of functions, duties, and powers
Subject to this subpart and Part 1 of Schedule 6, the Parliamentary Corporation may regulate its procedure, perform its functions and duties, and exercise its powers in any manner that it considers appropriate.
Compare: 2000 No 17 Schedule 4 cl 8
Subpart 3—Parliamentary Service Commission
Parliamentary Service Commission continued
153 Parliamentary Service Commission continued
The Parliamentary Service Commission established under section 13 of the Parliamentary Service Act 2000 is continued.
Compare: 2000 No 17 s 13
Functions, duties, and powers
154 Functions, duties, and powers of Parliamentary Service Commission
(1)
The functions, duties, and powers of the Parliamentary Service Commission are to—
(a)
advise the Speaker on the following matters:
(i)
the nature of the administrative and support services to be provided by the Parliamentary Service under section 123(1)(a):
(ii)
a proposed Speaker’s determination to be made under section 85(1) or 86; and
(b)
appoint 2 Commission members to the Parliamentary Corporation.
(2)
The Parliamentary Service Commission may require the Speaker or the chief executive to report on, or inquire into, matters relating to the operation of the following provisions:
(a)
section 47, to the extent that it relates to the Speaker’s exercise of that power in respect of the Parliamentary Service:
(b)
this Part, except for sections 129, 134, and 151:
(c)
(3)
The Parliamentary Service Commission has any other function, duty, or power that is conferred or imposed on it by or under this Act or other legislation.
(4)
The Parliamentary Service Commission does not have a role in relation to—
(a)
business transacted at meetings of the House of Representatives or of committees of the House of Representatives; or
(b)
any other proceedings in Parliament; or
(c)
any matter that is a function, duty, or power of the Clerk.
Compare: 2000 No 17 s 14
Membership
155 Membership of Parliamentary Service Commission
(1)
The Parliamentary Service Commission consists of the following members:
(a)
the Speaker:
(b)
a member representing each party that is represented in the House of Representatives:
(c)
for each party that is represented in the House of Representatives by 30 or more members, an additional member representing that party.
(2)
A person who, immediately before the dissolution or expiration of a Parliament, is a Commission member continues to be a Commission member until the first meeting of the House of Representatives after the next general election.
(3)
A member who acts as a Commission member is acting in the member’s official capacity as a member of the House of Representatives.
(4)
The chief executive must publish the membership of the Parliamentary Service Commission on an internet site maintained by or on behalf of Parliament.
Compare: 2000 No 17 ss 15, 18(1), (2)
156 Party leader must appoint member or members to represent party
Leader must appoint member or members to represent party
(1)
The leader of each party represented in the House of Representatives (the leader) must appoint 1 or 2 members of the House of Representatives (as applicable) to represent the party as Commission members in accordance with section 155(1)(b) and (c).
When leader appoints member or members to represent party
(2)
The leader must appoint a member or members to represent the party as Commission members—
(a)
as soon as practicable after the first meeting of the House of Representatives following a general election; and
(b)
if the Commission member who currently represents the party on the Parliamentary Service Commission resigns; and
(c)
in the case of a Commission member appointed in accordance with section 155(1)(c), if that member is appointed as a Minister or a Parliamentary Under-Secretary; and
(d)
if the parliamentary seat of a Commission member who currently represents that leader’s party becomes vacant under section 55 of the Electoral Act 1993.
(3)
The leader may revoke an appointment, or appoint a new member to represent the party as a Commission member at any time.
Who may be appointed as Commission member
(4)
A member who is appointed to represent their party as a Commission member in accordance with section 155(1)(c) must not be a Minister or a Parliamentary Under-Secretary.
157 Resignation or vacation of office
(1)
A Commission member may resign the office by giving written notice to the chairperson of the Parliamentary Service Commission.
(2)
A Commission member vacates the office if—
(a)
the party leader revokes their appointment or appoints another member in their place; or
(b)
in the case of a Commission member appointed in accordance with section 155(1)(c), the member is appointed as a Minister or as a Parliamentary Under-Secretary; or
(c)
the person’s parliamentary seat becomes vacant under section 55 of the Electoral Act 1993.
Compare: 2000 No 17 s 17
Procedure
158 Chairperson of Parliamentary Service Commission
The Speaker is the chairperson of the Parliamentary Service Commission.
159 Procedure for meetings of Parliamentary Service Commission
Part 2 of Schedule 6 contains provisions relating to the procedure for meetings of the Parliamentary Service Commission.
Compare: 2000 No 17 s 19
160 Regulation of procedure and performance of functions, duties, and powers
Subject to this Part and Part 2 of Schedule 6, the Parliamentary Service Commission may regulate its procedure and perform its functions, duties, and powers in any manner it considers appropriate.
Compare: 2000 No 17 Schedule 2 cl 10
Part 7 Parliamentary security
161 Outline of this Part
(1)
This Part sets out provisions concerning parliamentary security and parliamentary security officers.
(2)
Subpart 1 specifies where parliamentary security officers’ powers may be exercised and where their duties may be performed.
(3)
Subpart 2 sets out the powers and duties of parliamentary security officers.
(4)
Subpart 3 sets out the consequences of being denied entry to, or removed from, the parliamentary precincts.
(5)
Subpart 4 provides for limits on the powers and duties of parliamentary security officers.
(6)
Subpart 5 specifies reporting requirements relating to—
(a)
parliamentary security officers exercising specified powers; and
(b)
complaints about a parliamentary security officer exercising a power under this Part.
162 Interpretation of this Part
In this Part,—
electorate and community office—
(a)
means premises that are operated by a member to conduct the member’s constituency and representative activities using funding appropriated by Parliament; and
(b)
includes the following grounds and areas:
(i)
the grounds that are immediately adjacent to those premises and that either belong to those premises or service those premises:
(ii)
if those premises are adjacent to a road, any footpath or other area between those premises and the road:
(iii)
any car parking area in those premises or in the grounds described in subparagraph (i)
parliamentary meeting includes, without limitation, the following:
(a)
a sitting of the House of Representatives:
(b)
a meeting of a committee
Police officer means a constable within the meaning of section 4 of the Policing Act 2008
specified offence means an offence described in section 163.
163 Meaning of specified offence
(1)
In this Part, specified offence means—
(a)
an offence against any of the provisions listed in subsection (2) that is committed in the parliamentary precincts or in an area immediately adjacent to the parliamentary precincts; and
(b)
any other offence—
(i)
committed in the parliamentary precincts or in an area immediately adjacent to the parliamentary precincts; and
(ii)
that a parliamentary security officer believes on reasonable grounds—
(A)
threatens the safety or security of another person or that person’s property; or
(B)
may cause serious damage to the parliamentary precincts; and
(c)
an attempt to commit an offence—
(i)
of the kind referred to in paragraph (a) if the offence is not itself specified as an attempt; or
(ii)
of the kind referred to in paragraph (b).
(2)
The provisions are—
(a)
the following sections of the Crimes Act 1961:
(i)
section 87 (which relates to rioting):
(ii)
section 121 (which relates to assisting escape from lawful custody):
(iii)
sections 167, 168, and 171 to 177 (which relate to murder and manslaughter):
(iv)
sections 188 to 194 (which relate to assaults and injuries to the person):
(v)
sections 196 to 199 (which relate to common assault, disabling, firearm offences, and acid throwing):
(vi)
section 202A (which relates to possession of offensive weapons or disabling substances):
(vii)
section 202C (which relates to assault with a weapon):
(viii)
sections 267 and 268 (which relate to arson and attempted arson):
(ix)
section 306 (which relates to threatening to kill or do grievous bodily harm); and
(b)
the following sections of the Summary Offences Act 1981:
(i)
section 3 (which relates to disorderly behaviour in a public place):
(ii)
section 7 (which relates to fighting in a public place):
(iii)
section 9 (which relates to common assault):
(iv)
section 11 (which relates to wilful damage to property):
(v)
section 11A (which relates to graffiti vandalism, tagging, and defacing):
(vi)
section 11B (which relates to possessing graffiti implements):
(vii)
section 13 (which relates to things endangering safety in a public place):
(viii)
section 13A (which relates to possessing knives in a public place); and
(c)
the following sections of the Arms Act 1983:
(i)
section 45 (which relates to carrying or possessing firearms, except for a lawful, proper, and sufficient purpose):
(ii)
section 46 (which relates to carrying an imitation firearm, except for a lawful, proper, and sufficient purpose); and
(d)
the following sections of the Misuse of Drugs Act 1975:
(i)
section 7 (which relates to procuring, possessing, using, supplying, or administering controlled drugs):
(ii)
section 13 (which relates to possessing utensils for the purpose of committing an offence against that Act).
Compare: 1999 No 115 s 2
164 Speaker’s authority not affected
The powers in this Part are in addition to, and do not derogate from, the Speaker’s authority over the parliamentary precincts in accordance with sections 56 and 57 and the rules and practice of the House of Representatives.
Subpart 1—Application of parliamentary security officers’ powers and duties
165 Where parliamentary security officers’ powers and duties may be exercised or performed
(1)
The powers and duties conferred on parliamentary security officers by this Part may be exercised or performed only in the parliamentary precincts.
(2)
However, those powers and duties may also be exercised or performed—
(a)
in a specific place on the day when a parliamentary meeting is scheduled to be held, or is held, at that specific place:
(b)
in an electorate and community office, if the chief executive has authorised their exercise or performance under section 166.
(3)
If subsection (2) applies, all references in this Part to parliamentary precincts must be read as if they were references to the specific place or to the particular electorate and community office, as applicable.
(4)
In this section, specific place—
(a)
means a part of a building or structure or a place outdoors that is—
(i)
in New Zealand; and
(ii)
outside the parliamentary precincts; and
(iii)
being used or scheduled to be used to hold a parliamentary meeting; and
(b)
includes any area that is being used or is scheduled to be used to provide access to the parliamentary meeting or to otherwise facilitate holding the parliamentary meeting (for example, a lobby or a foyer).
166 Chief executive may authorise exercise or performance of powers and duties in particular electorate and community office
(1)
The chief executive may authorise 1 or more parliamentary security officers to exercise or perform their powers and duties in a particular electorate and community office.
(2)
The chief executive must not authorise the exercise or performance of powers and duties in an electorate and community office unless all of the following conditions have been met:
(a)
the member who operates the office has asked the chief executive to authorise 1 or more parliamentary security officers to exercise or perform their powers and duties in the office on the basis that there is a threat to 1 or more of the following:
(i)
a member:
(ii)
any other person working in, visiting, or otherwise in the office:
(iii)
the office:
(b)
the member who operates the office is the owner or occupier of the office:
(c)
the chief executive has consulted the Police about the threat:
(d)
the chief executive believes on reasonable grounds that authorising 1 or more parliamentary security officers to exercise or perform their powers and duties in the office is an appropriate response to the threat.
Subpart 2—Powers and duties of parliamentary security officers
Limits on powers and duties
167 Limits on parliamentary security officers’ powers and duties
The powers and duties in this subpart are limited by subpart 4.
Power to ask for identification
168 Power to ask for identification
(1)
A parliamentary security officer may, if the officer has reasonable grounds for asking for the information, ask any person who wants to enter, or is in, the parliamentary precincts to provide the officer with the following information:
(a)
the person’s name and address:
(b)
the person’s reason for either wanting to enter the parliamentary precincts or being in the precincts.
(2)
A parliamentary security officer who believes on reasonable grounds that any information provided in response to a request under subsection (1)(a) is false may require the person concerned to provide satisfactory evidence of the information.
(3)
A parliamentary security officer may deny a person entry to, or remove a person from, the parliamentary precincts if the person—
(a)
does not comply with a request under subsection (1) or (2); or
(b)
gives a reason under subsection (1)(b) that gives the officer reasonable grounds to believe that the person may threaten the security of the parliamentary precincts.
Compare: 1999 No 115 s 12
Search power and related duty
169 Power to ask to search
(1)
A parliamentary security officer may ask any person who wants to enter, or is in, the parliamentary precincts to consent to 1 or more of the following kinds of searches:
(a)
in respect of the person,—
(i)
a search of the person that uses only a scanner or other electronic screening device and that involves no physical contact with the person being searched:
(ii)
if the officer has reasonable grounds for asking for such a search, an external examination of the person’s clothes going only as far as is necessary to detect items carried on the person:
(b)
in respect of any property in the person’s possession or control, including a motor vehicle,—
(i)
a search of the property that uses only a scanner or other electronic screening device and that involves no more than incidental physical contact with the property being searched:
(ii)
if the officer has reasonable grounds for asking for such a search, a search of the property.
(2)
A search under subsection (1)(a)(ii) must be carried out by—
(a)
a parliamentary security officer who is of the same sex as the person being searched; or
(b)
if the person being searched reasonably requests, an officer of a different sex.
(3)
A parliamentary security officer may deny a person entry to, or remove a person from, the parliamentary precincts if the person—
(a)
does not consent to a search requested by the officer; or
(b)
initially consents to a search requested by the officer but subsequently withdraws their consent before the search is finished.
170 Duty of parliamentary security officer relating to searches
A parliamentary security officer who makes a request under section 169(1) (which relates to the power to ask to search a person or property) must at the same time advise the person (orally or in writing) that—
(a)
the search will not take place without the person’s consent; and
(b)
the person may withdraw their consent before the search is finished; and
(c)
the person may be denied entry to, or removed from, the parliamentary precincts if the person—
(i)
does not consent to the search; or
(ii)
initially consents to the search but subsequently withdraws their consent before the search is finished.
Compare: 1999 No 115 s 14
Powers and duty relating to examining and seizing detected items, and process to be followed
171 Power to ask to examine detected items
(1)
A parliamentary security officer may ask a person whose person or property is searched under section 169 to hand over to the officer any item detected during the search so that the officer may examine it.
(2)
A parliamentary security officer may exercise the power in subsection (1) immediately after the search but no later.
(3)
If the person does not comply with the request, the parliamentary security officer must apply section 172.
(4)
If the person complies with the request and the item handed over gives the parliamentary security officer reasonable grounds to believe the matters specified in—
(a)
section 173 (which relates to the officer having reasonable grounds to believe that the person may recently have committed, or may be about to commit, a specified offence), the officer must apply that section; or
(b)
section 174 (which relates to the officer having reasonable grounds to believe that the item is capable of being used to commit a violent offence or that it would otherwise be dangerous to allow the person to keep the item), the officer must apply that section; or
(c)
section 176 (which relates to the officer having reasonable grounds to believe that the item may constitute a threat to the security of the parliamentary precincts), the officer must apply that section.
Compare: 1999 No 115 s 15(1), (2)
Person does not hand over detected item
172 Powers if person does not hand over detected item
(1)
This section applies if a person does not comply with a request under section 171(1) to hand over a detected item.
Authority to exercise powers to seize detected item and detain person
(2)
Subsection (3) applies if a parliamentary security officer has reasonable grounds to believe that the person—
(a)
may recently have committed a specified offence; or
(b)
may be about to commit such an offence.
(3)
The parliamentary security officer—
(a)
may exercise the power in section 178(1) (which relates to the power to seize an item) and, if the officer chooses to exercise that power, the power in section 178(2)(a) or (b) (which relates to the power to detain the person or to deny them entry to, or remove them from, the parliamentary precincts); or
(b)
may deny the person entry to, or remove the person from, the parliamentary precincts.
Power to deny person entry to, or remove person from, parliamentary precincts
(4)
Subsection (5) applies if a parliamentary security officer does not have the reasonable grounds specified in subsection (2).
(5)
The parliamentary security officer may deny the person entry to, or remove the person from, the parliamentary precincts.
Compare: 1999 No 115 s 15(3)–(5)
Item handed over gives officer reasonable grounds to believe person may recently have committed, or be about to commit, specified offence
173 Power to seize detected item connected to specified offence
(1)
This section applies if—
(a)
a person complies with a request under section 171(1) to hand over a detected item; and
(b)
the item handed over gives the parliamentary security officer reasonable grounds to believe that the person—
(i)
may recently have committed a specified offence; or
(ii)
may be about to commit such an offence; and
(c)
the person does not give the officer a reasonable excuse for being in possession of the item.
(2)
The parliamentary security officer—
(a)
may exercise the power in section 178(1) (which relates to the power to seize an item) and, if the officer chooses to exercise that power, the power in section 178(2)(a) or (b) (which relates to the power to detain the person or to deny them entry to, or remove them from, the parliamentary precincts); or
(b)
may deny the person entry to, or remove the person from, the parliamentary precincts.
Compare: 1999 No 115 s 16(1)(a), (2)
Item handed over gives officer reasonable grounds to believe item is capable of being used to commit violent offence or is otherwise dangerous
174 Power to ask person to surrender detected item
(1)
This section applies if—
(a)
a person complies with a request under section 171(1) to hand over a detected item; and
(b)
the parliamentary security officer considers that section 173 (which relates to an item handed over that gives an officer reasonable grounds to believe that a person may recently have committed, or may be about to commit, a specified offence) does not apply; but
(c)
the item handed over gives the officer reasonable grounds to believe that—
(i)
it is capable of being used to commit an offence involving violence within the parliamentary precincts; or
(ii)
it would otherwise be dangerous to allow the person to keep it with them in the parliamentary precincts.
(2)
A parliamentary security officer may ask the person whether they consent to surrender the item while the person is in the parliamentary precincts and,—
(a)
if the person does not consent, may deny the person entry to, or remove the person from, the parliamentary precincts; or
(b)
if the person does consent, must treat the item in accordance with section 178(4)(b) and (d) and (5).
Compare: 1999 No 115 s 16(1)(b), (3)
175 Duty of parliamentary security officer relating to request to surrender detected item
A parliamentary security officer who makes a request under section 174(2) (which relates to the power to ask a person to surrender an item while in the parliamentary precincts) must at the same time advise the person (orally or in writing) that—
(a)
the item may not be taken from the person without the person’s consent; and
(b)
the person may withdraw their consent before leaving the parliamentary precincts; and
(c)
the person may be denied entry to, or removed from, the parliamentary precincts if the person—
(i)
does not consent to leave the item with the officer; or
(ii)
initially consents to leave the item with the officer but subsequently withdraws their consent before leaving the parliamentary precincts.
Compare: 1999 No 115 s 18
Item handed over gives officer reasonable grounds to believe item may constitute threat to security of parliamentary precincts
176 Power to ask to take detected item into temporary custody
(1)
This section applies if—
(a)
a person complies with a request under section 171(1) to hand over a detected item; and
(b)
the parliamentary security officer considers that neither of the following sections apply:
(i)
section 173 (which relates to an item handed over that gives an officer reasonable grounds to believe that a person may recently have committed, or be about to commit, a specified offence):
(ii)
section 174 (which relates to an item handed over that gives an officer reasonable grounds to believe that the item is capable of being used to commit a violent offence or is otherwise dangerous); but
(c)
the officer has reasonable grounds to believe that the item may otherwise constitute a threat to the security of the parliamentary precincts.
(2)
This section also applies if section 178(4)(c) (which relates to an item seized from a person who is released from custody) applies.
(3)
A parliamentary security officer may ask the person to leave the item with the officer to be returned when the person leaves the parliamentary precincts.
(4)
A parliamentary security officer may exercise the power in subsection (3) immediately after the item is handed over but no later.
(5)
A parliamentary security officer may deny a person entry to, or remove a person from, the parliamentary precincts if the person does not comply with a request under subsection (3).
(6)
If a person has left an item with a parliamentary security officer in compliance with a request under subsection (3),—
(a)
the person may claim the item when leaving the parliamentary precincts or at any time within 10 working days of leaving the item; and
(b)
a parliamentary security officer may dispose of the item if it has not been claimed within those 10 working days.
Compare: 1999 No 115 s 17
177 Duty of parliamentary security officer relating to request to take detected item into temporary custody
A parliamentary security officer who makes a request under section 176(3) (which relates to the power to ask a person to leave an item with an officer) must at the same time advise the person (orally or in writing) of the matters specified in section 175(a) to (c).
Compare: 1999 No 115 s 18
Power to seize item
178 Power to seize item
Power to seize item
(1)
A parliamentary security officer may seize an item if the officer detects the item during a search under section 169 (which relates to the power to ask to search a person or property) and either of the following applies:
(a)
the item is not handed over to the officer despite a request under section 171(1), and section 172(3)(a) (which relates to the officer having reasonable grounds to believe a specified offence has been or may be committed) applies:
(b)
the item is handed over to the officer in compliance with a request under section 171(1), and section 173(1) (which relates to the power to seize an item if certain circumstances apply) applies.
Authority to exercise power to detain person
(2)
If the parliamentary security officer seizes an item, the officer may—
(a)
exercise the power in section 180(1)(a) and detain the person in accordance with section 180(2) to (4); or
(b)
deny a person entry to, or remove a person from, the parliamentary precincts.
(3)
A parliamentary security officer may exercise the power in subsection (2)(a) or (b) immediately after seizing the item but no later.
Requirements for treatment of seized item
(4)
The parliamentary security officer must treat the seized item as follows:
(a)
if the person is detained by a parliamentary security officer exercising the power in section 180(1)(a) and is subsequently arrested by a Police officer, the parliamentary security officer must hand the item over to the arresting Police officer:
(b)
if possession of the item is unlawful, the officer must hand it over to a Police officer:
(c)
if possession of the item is lawful but the item or its possession may constitute a threat to the security of the parliamentary precincts and the person is detained by a parliamentary security officer exercising the power in section 180(1)(a) and then subsequently released from custody, the officer must apply section 176(3) to (6) (which relates to the officer’s power to ask a person to leave an item with the officer):
(d)
in any other case, the officer must return the item to the person unless subsection (5) applies.
(5)
If, after making reasonable efforts to do so, the parliamentary security officer is unable to identify or locate the person in order to return the item to them, the officer is not required to comply with subsection (4)(d) and may dispose of the item after 10 working days.
Compare: 1999 No 115 s 20
Powers to detain person
179 When power to detain person may be exercised
(1)
This section applies if a parliamentary security officer has reasonable grounds to believe that a person—
(a)
who wants to enter, or is in, the parliamentary precincts may recently have committed a specified offence or may be about to commit a specified offence; or
(b)
has—
(i)
refused to leave the parliamentary precincts after having been required to do so by a parliamentary security officer or has attempted to re-enter the parliamentary precincts after being removed or denied entry by a parliamentary security officer; and
(ii)
been warned that they may be detained if they persist with those actions; and
(iii)
persisted with those actions; or
(c)
has refused to obey a direction from a parliamentary security officer to do anything that is reasonably necessary to protect the safety or security of any person in the parliamentary precincts; or
(d)
has refused to obey a direction from a parliamentary security officer to stop doing anything that adversely affects the safety or security of any person in the parliamentary precincts.
Parliamentary security officer may detain person
(2)
The parliamentary security officer may exercise the powers in sections 180(1)(b) (which relates to the officer’s power to detain a person) and 181 (which relates to the officer’s power to use handcuffs).
Instead of detaining person, parliamentary security officer may refer person to Police
(3)
However, if the parliamentary security officer considers that the person’s conduct would more appropriately be referred to a Police officer, the officer may—
(a)
ask the person to give the parliamentary security officer the person’s full name, address, and date of birth (the requested information); and
(b)
contact the Police to report the person’s conduct.
(4)
If the person does not give the parliamentary security officer the requested information, the officer may—
(a)
warn the person that, if the person fails to give the officer the requested information, the officer may exercise the powers in sections 180 (which relates to the officer’s power to detain a person) and 181 (which relates to the officer’s power to use handcuffs); and
(b)
if the person still does not give the officer the requested information, exercise the powers in sections 180 and 181.
180 Power to detain person
(1)
A parliamentary security officer may detain a person if either of the following circumstances applies:
(a)
section 178(2)(a) (which relates to when the power to detain a person in relation to a seized item may be exercised) applies in respect of the person:
(b)
section 179(2) or (4)(b) (which relates to when the power to detain a person in other circumstances may be exercised) applies in respect of the person.
(2)
The person may be detained for a reasonable period not exceeding 4 hours.
(3)
The parliamentary security officer must—
(a)
promptly contact the Police to arrange the attendance of a Police officer; and
(b)
if it is reasonably practicable to do so, detain the person in a safe place until the Police officer arrives or the parliamentary security officer is satisfied that the person is not going to be arrested; and
(c)
if—
(i)
a Police officer wants to arrest the person, transfer the person to the Police officer; or
(ii)
if no Police officer wants to arrest the person, free the person.
(4)
A parliamentary security officer may direct a detained person to do or not to do a thing if the parliamentary security officer believes on reasonable grounds that the direction is necessary in the circumstances for the purpose of ensuring the safety of the person or the parliamentary security officer or any other person.
Compare: 1999 No 115 s 20
181 Power to use handcuffs
(1)
A parliamentary security officer may handcuff a detained person if the officer has reasonable grounds to believe that the person—
(a)
may abscond if not handcuffed; or
(b)
may harm themselves or others if not handcuffed.
(2)
The parliamentary security officer may keep the handcuffs on the person until one of the following circumstances occurs:
(a)
the parliamentary security officer becomes aware that the reasonable grounds for believing that subsection (1)(a) or (b) applies to the person have ceased to apply, in which case the officer must remove the handcuffs:
(b)
a Police officer arrests the person, in which case the Police officer must decide whether the handcuffs are to stay on:
(c)
a Police officer decides that the person will not be arrested, in which case a parliamentary security officer must remove the handcuffs.
Compare: 1999 No 115 s 20
Other powers
182 General power to deny person entry to, or remove person from, parliamentary precincts
(1)
Subsection (2) applies if a parliamentary security officer believes on reasonable grounds that a person—
(a)
is harassing or intimidating, or is likely to harass or intimidate, another person; or
(b)
is causing, or is likely to cause, violence within, or damage to, the parliamentary precincts; or
(c)
is significantly disrupting, or is likely to significantly disrupt, a parliamentary meeting or the administration of the parliamentary precincts.
(2)
The parliamentary security officer may deny the person entry to, or remove the person from, the parliamentary precincts.
(3)
The power in subsection (2) is in addition to any powers that the parliamentary security officer may have—
(a)
under section 57 (which relates to powers under the Trespass Act 1980); and
(b)
under the following sections to deny a person entry to, or remove a person from, the parliamentary precincts:
(i)
section 168(3) (which relates to the power to ask for identification):
(ii)
section 169(3) (which relates to the power to ask to search a person or property):
(iii)
sections 172(3)(b) and (5) and 173(2)(b) (which relate to the power to ask to examine a detected item):
(iv)
section 174(2)(a) (which relates to the power to ask a person to surrender a detected item):
(v)
section 176(5) (which relates to the power to ask to take a detected item into temporary custody):
(vi)
section 178(2)(b) (which relates to the power to seize an item).
Compare: 1999 No 115 s 18A
183 Power to use reasonable force
A parliamentary security officer may use the amount of force that is reasonable in the circumstances when exercising or performing any of the powers or duties in the following provisions:
(a)
section 168(3) (which relates to denying a person entry to, or removing a person from, the parliamentary precincts following a request for identification):
(b)
section 169(3) (which relates to denying a person entry to, or removing a person from, the parliamentary precincts following a request to search):
(c)
sections 172(3)(b) and (5), 173(2)(b), 174(2)(a), 176(5), and 178(2)(b) (which relate to denying a person entry to, or removing a person from, the parliamentary precincts in relation to a detected item):
(d)
sections 178(1) and (2)(a), 180(1) and (2), and 181 (which relate to seizing an item, detaining a person, and handcuffing a detained person):
(e)
section 182(2) (which relates to denying a person entry to, or removing a person from, the parliamentary precincts).
Compare: 1999 No 115 s 21
184 Powers included in power to deny entry to, or remove from, parliamentary precincts
In this Part, a parliamentary security officer’s power to deny a person entry to, or remove a person from, the parliamentary precincts includes the following powers:
(a)
a power to deny the person entry to, or remove the person from, a particular part of the parliamentary precincts (for example, a building):
(b)
if the person is in the parliamentary precincts and has any property (including a motor vehicle) in their possession or control, a power to direct the person to take that property with them.
Subpart 3—Consequences of denial of entry to, or removal from, parliamentary precincts
185 Entitlement to enter or re-enter parliamentary precincts if denied entry or removed under certain sections
(1)
This section applies to a person denied entry to, or removed from, the parliamentary precincts under any of the following provisions:
(a)
section 168(3)(a) (which relates to denying a person entry to, or removing a person from, the parliamentary precincts following a request for identification):
(b)
section 169(3) (which relates to denying a person entry to, or removing a person from, the parliamentary precincts following a request to search):
(c)
sections 172(5), 174(2)(a), and 176(5) (which relate to denying a person entry to, or removing a person from, the parliamentary precincts in relation to a request to hand over a detected item).
(2)
The person is entitled to enter or re-enter the parliamentary precincts if the person—
(a)
later complies with the relevant request that was made under section 168(1) or (2), 169(1), 171(1), 174(2), or 176(3); and
(b)
complies with any further requests made under any of those provisions.
Compare: 1999 No 115 s 22
186 Entitlement to enter or re-enter parliamentary precincts if denied entry or removed under section 182 or specific power to deny entry or remove
(1)
This section applies to a person denied entry to, or removed from, the parliamentary precincts under any of the following sections:
(a)
sections 172(3)(b), 173(2)(b), and 178(2)(b) (which relate to denying a person entry to, or removing a person from, the parliamentary precincts in relation to an item in the person’s possession):
(b)
section 182(2) (which relates to the general power to deny entry to, or remove a person from, the parliamentary precincts).
(2)
The person is entitled to enter or re-enter the parliamentary precincts if a parliamentary security officer is satisfied that,—
(a)
in the case of a person denied entry or removed under section 172(3)(b), 173(2)(b), or 178(2)(b), the officer no longer has reasonable grounds to believe that the person—
(i)
may recently have committed a specified offence; or
(ii)
may be about to commit such an offence:
(b)
in the case of a person denied entry or removed under section 182(2), the person will not behave in a way described in section 182(1)(a) to (c) if allowed to enter the parliamentary precincts.
(3)
The parliamentary security officer must be an officer who is aware of the reasons why the person was denied entry to, or removed from, the parliamentary precincts.
(4)
In this section, parliamentary precincts includes, if applicable, a particular part of the parliamentary precincts (for example, a building).
Compare: 1999 No 115 s 22
187 Duty of parliamentary security officer to inform of consequences when person denied entry or removed
(1)
A parliamentary security officer who denies a person entry to, or removes a person from, the parliamentary precincts under any of the provisions specified in section 185(1) must at the same time inform the person of their entitlement under section 185(2) (which relates to when a person is entitled to enter or re-enter the parliamentary precincts).
(2)
A parliamentary security officer who denies a person entry to, or removes a person from, the parliamentary precincts under section 172(3)(b), 173(2)(b), 178(2)(b), or 182(2) must at the same time inform the person of their applicable entitlement under section 186(2)(a) or (b) (which relates to when a person is entitled to enter or re-enter the parliamentary precincts).
Compare: 1999 No 115 s 23
Subpart 4—Limits on powers and duties of parliamentary security officers
188 Powers and duties not generally applicable in relation to members, officers of House, and other exempted persons
(1)
(2)
If a parliamentary security officer exercises the power in section 168(1)(a) (which relates to the officer’s power to ask for a person’s name and address) and the person satisfies the officer that the person is an exempt person, the officer may not exercise the powers in section 168(1)(b) and (2) (which relates to the officer’s powers to ask for a person’s reason for entering the parliamentary precincts and for evidence of their name and address).
(3)
In this section, exempt person means a person who is—
(a)
a member; or
(b)
an officer of the House when that officer is acting in the course of the officer’s duties; or
(c)
a person or class of persons whom the Speaker exempts under section 189.
Compare: 1999 No 115 s 24
189 Speaker may exempt person from application of powers and duties under this Part
190 Powers and duties may not be exercised where parliamentary meeting in progress unless person presiding directs exercise
(1)
(2)
However, a person presiding over a parliamentary meeting may direct a parliamentary security officer, in specific or general language, to exercise or perform any of those powers or duties in relation to a person who is in a room where the parliamentary meeting is in progress.
(3)
The fact that the person presiding over a parliamentary meeting directs the exercise or performance of a power or duty constitutes reasonable grounds for—
(a)
that person’s direction; and
(b)
a parliamentary security officer’s exercise or performance of the power or duty.
191 Powers not generally applicable if Police involved
(1)
(2)
However, a parliamentary security officer may exercise or perform any of those powers or duties in relation to a person being dealt with by a Police officer if the Police officer requests the parliamentary security officer, in specific or general language, to do so.
Compare: 1999 No 115 s 29
192 Powers subject to conditions or limitations in notice of appointment
(1)
A parliamentary security officer’s powers are subject to any conditions or limitations specified in the notice of the officer’s appointment under section 135(2).
(2)
However, the exercise of a power by a parliamentary security officer is not invalid merely because it did not comply with the conditions specified in the notice of the officer’s appointment.
Compare: 2015 No 70 s 163
Subpart 5—Reporting requirements
193 Parliamentary security officer must report exercise of certain powers
(1)
This section applies to a parliamentary security officer who exercises a power under 1 or more of the following sections:
(a)
section 180(1) (which authorises a parliamentary security officer to detain a person):
(b)
section 181(1) (which authorises a parliamentary security officer to handcuff a detained person):
(c)
section 183 (which authorises a parliamentary security officer to use reasonable force when exercising or performing certain powers or duties).
(2)
The parliamentary security officer must, within 3 working days of exercising the power, give the chief executive a written report of the following matters:
(a)
a short summary of the circumstances surrounding the exercise of the power:
(b)
the reason or reasons why the power was exercised:
(c)
if the power was exercised under section 180(1)(a), the matters that gave rise to the reasonable grounds to believe required by section 172(2)(a) or (b) or 173(1)(b)(i) or (ii), as applicable:
(d)
if the power was exercised under section 180(1)(b), the matters that gave rise to the reasonable grounds to believe required by section 179(1)(a), (b), (c), or (d), as applicable:
(e)
if the power was exercised under section 181(1), the matters that gave rise to the reasonable grounds to believe required by section 181(1)(a) or (b), as applicable.
194 Chief executive must report annually on exercise of specified powers
(1)
The chief executive must include in every annual report prepared by the Parliamentary Service for the purposes of section 43 of the Public Finance Act 1989—
(a)
the number of occasions on which a specified power was exercised in the period covered by the report; and
(b)
the following information about any internal complaints process:
(i)
the number of complaints about the use of powers authorised by this Part received in the period covered by the report:
(ii)
which power gave rise to each complaint:
(iii)
progress on considering each complaint:
(iv)
the outcome of the consideration of each complaint.
(2)
In this section,—
internal complaints process means a process that—
(a)
is established and operated by the chief executive; and
(b)
can be used by a person who wishes to complain about a parliamentary security officer exercising a power under this Part
specified power means—
(a)
a power exercised under any of the following sections:
(i)
sections 168(3), 169(3), 172(3)(b) and (5), 173(2)(b), 174(2)(a), 176(5), and 182(2) (which authorise a parliamentary security officer to deny entry to, or remove a person from, the parliamentary precincts):
(ii)
section 178(1) (which authorises a parliamentary security officer to seize an item); and
(b)
a power exercised under a section specified in section 193(1).
Schedule 1 Transitional, savings, and related provisions
Contents
Part 1 Provisions relating to this Act as enacted
1 Interpretation of this Part
In this Part,—
1988 Act means the Clerk of the House of Representatives Act 1988
2000 Act means the Parliamentary Service Act 2000
2013 Act means the Members of Parliament (Remuneration and Services) Act 2013
commencement date means the day specified in section 2(1).
Subpart 1—Provisions relating to repeal of 1988 Act
2 Clerk continued
(1)
This clause applies to the person who, immediately before the commencement date, was the Clerk.
(2)
On and after the commencement date,—
(a)
the person continues as the Clerk as if that person had been appointed under this Act; and
(b)
the person’s appointment under this Act is to be treated as having been made on the date on which the person was appointed as the Clerk under section 2 of the 1988 Act.
(3)
The terms and conditions of appointment of the person are the same as the terms and conditions of their appointment immediately before the commencement date except as amended by this Act.
(4)
The person is eligible for reappointment in accordance with this Act.
3 Deputy Clerk continued
(1)
This clause applies to the person who, immediately before the commencement date, was the Deputy Clerk.
(2)
The person continues in the office of Deputy Clerk on and after the commencement date in accordance with subclause (3).
(3)
Provided that their term of office is unexpired, the person continues to hold the office of Deputy Clerk as if the 1988 Act were still in force until the earlier of the following dates:
(a)
if the Clerk appoints the person as an employee under section 112, a date agreed by the person with the Clerk:
(b)
the end of the day that is 6 months after the commencement date.
(4)
However, subclause (3) does not apply if the person—
(a)
resigns; or
(b)
is removed from office; or
(c)
dies.
(5)
If the person ceases to hold office under subclause (3)(b), no compensation is payable for loss of office.
4 Officers of the House continued
(1)
This clause applies to a person who, immediately before the commencement date, was an officer of the House appointed as an employee of the Office of the Clerk under section 18 of the 1988 Act.
(2)
On and after the commencement date, the person continues as an officer of the House as if that person had been appointed under this Act.
(3)
The terms and conditions of employment of the person are the same as the terms and conditions of their employment immediately before the commencement date except as amended by this Act.
5 Superannuation continued
An entitlement of an officer of the House under any superannuation scheme, or arrangement in respect of superannuation, that applied to that officer of the House immediately before the commencement date is not affected by—
(a)
the repeal of section 28 of the 1988 Act by section 52(b) of the Parliament (Repeals and Amendments) Act 2025; or
(b)
the replacement of section 28 of the 1988 Act by clause 16 of Schedule 5 of this Act.
Subpart 2—Provisions relating to repeal of 2000 Act
Parliamentary precincts
6 Parliamentary Service (Parliamentary Precincts) Resolution 2021 continued
The Parliamentary Service (Parliamentary Precincts) Resolution 2021 made under section 25(1) and (2) of the 2000 Act continues in force and—
(a)
must be treated as if it had been made under section 53(1) of this Act; and
(b)
may be amended or revoked as if it had been made under that section.
Chief executive, employment, and superannuation
7 Chief executive continued
(1)
This clause applies to the person who, immediately before the commencement date, was the chief executive.
(2)
On and after the commencement date,—
(a)
the person continues as the chief executive as if the person had been appointed under this Act; and
(b)
the person’s appointment under this Act is to be treated as having been made on the date on which the person was appointed as the chief executive under clause 1(1) of Schedule 1 of the 2000 Act.
(3)
The person’s appointment is to be treated as having been made for a term of 5 years, in accordance with clause 4 of Schedule 1 of the 2000 Act, and clause 8(1)(a) of Schedule 4 of this Act does not apply to the person.
(4)
All other terms and conditions of appointment of the person are the same as the terms and conditions of their appointment immediately before the commencement date except as amended by this Act.
(5)
The person is eligible for reappointment in accordance with this Act.
8 Employees of Parliamentary Service continued
(1)
This clause applies to a person who, immediately before the commencement date, was an employee of the Parliamentary Service.
(2)
On and after the commencement date, the person continues as an employee of the Parliamentary Service as if that person had been appointed under this Act.
(3)
The terms and conditions of employment of the person are the same as the terms and conditions of their employment immediately before the commencement date except as amended by this Act.
9 Superannuation continued
An entitlement of an employee under any superannuation scheme, or arrangement in respect of superannuation, that applied to that employee immediately before the commencement date is not affected by—
(a)
the repeal of clause 10 of Schedule 1 of the 2000 Act by section 52(c) of the Parliament (Repeals and Amendments) Act 2025; or
Parliamentary Corporation
10 Membership of Parliamentary Corporation continued
(1)
This clause applies to a person who, immediately before the commencement date, was a member of the Parliamentary Corporation.
(2)
On and after the commencement date, the person continues as a member of the Parliamentary Corporation as if that person had been appointed under this Act.
Parliamentary Service Commission
11 Membership of Parliamentary Service Commission continued
(1)
This clause applies to a person who, immediately before the commencement date, was a member of the Parliamentary Service Commission.
(2)
On and after the commencement date, the person continues as a member of the Parliamentary Service Commission as if the person had been appointed under this Act.
Appropriations review committee
12 Transitional arrangement for appropriations review committee
(1)
Sections 20 to 22 of the 2000 Act continue to apply as if this Act had not been enacted if—
(a)
the Speaker has, before the commencement date, established an appropriations review committee under section 20 of the 2000 Act; and
(b)
the appropriations review committee has not yet reported to the Speaker under section 22 of the 2000 Act.
(2)
This clause is repealed on the close of 31 December 2029.
Subpart 3—Provisions relating to repeal of 2013 Act
13 Secondary legislation made by Remuneration Authority continued
(1)
The Parliamentary Salaries and Allowances Determination 2024 made under section 8 of the 2013 Act continues in force and—
(a)
must be treated as if it had been made under section 71 of this Act; and
(b)
may be amended or revoked as if it had been made under that section.
(2)
The Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Determination 2023 made under section 17 of the 2013 Act continues in force and—
(a)
must be treated as if the 2013 Act were still in force; and
(b)
may be amended or revoked as if the 2013 Act were still in force; and
(c)
is revoked on the day after polling day for the first general election that takes place on or after the commencement date.
(3)
The Parliamentary Annuities Determination 2024 made under section 43 of the 2013 Act continues in force and—
(a)
must be treated as if it had been made under section 73 of this Act; and
(b)
may be amended or revoked as if it had been made under that section.
(4)
The Members of Parliament (Former Prime Ministers Travel Services) Determination 2017 made under section 44 of the 2013 Act continues in force and—
(a)
must be treated as if it had been made under section 74 of this Act; and
(b)
may be amended or revoked as if it had been made under that section.
(5)
This clause is subject to section 19 of the Remuneration Authority Act 1977.
14 Secondary legislation made by Speaker continued
(1)
The Speaker’s Directions 2023 made under section 23 of the 2013 Act continue in force and—
(a)
must be treated as if the 2013 Act were still in force; and
(b)
may be amended or revoked as if the 2013 Act were still in force; and
(c)
are revoked on the day after polling day for the first general election that takes place on or after the commencement date.
(2)
The Members of Parliament (Official Inter-Parliamentary Relations Programme) Travel and Accommodation Services Determination 2019 made under sections 34 and 35 of the 2013 Act continues in force and—
(a)
must be treated as if it had been made under section 87 of this Act; and
(b)
may be amended or revoked as if it had been made under that section.
15 Secondary legislation made by Minister Responsible for Ministerial Services continued
The Ministers’ Travel Services within New Zealand Determination 2023 made under section 27 of the 2013 Act continues in force and—
(a)
must be treated as if the 2013 Act were still in force; and
(b)
may be amended or revoked as if the 2013 Act were still in force; and
(c)
is revoked on the day after polling day for the first general election that takes place on or after the commencement date.
Subpart 4—Provisions relating to repeal of Legislative Council Abolition Act 1950
16 How to read certain historical references to Parliament and House of Representatives
On or after the commencement date,—
(a)
a reference to the Legislature in any legislation other than the Constitution Act 1986 must, unless the context otherwise requires, be read as a reference to the Parliament of New Zealand:
(b)
each of the following references in any legislation must, unless the context otherwise requires, be read as a reference to the House of Representatives:
(i)
the Legislative Council and House of Representatives:
(ii)
both Houses of Parliament:
(iii)
both Houses of the General Assembly.
Guidance note
See also section 29(2) of the Constitution Act 1986, which provides for references to the General Assembly in legislation to be read as references to the Parliament of New Zealand.
Compare: 1950 No 3 s 2(3), (4)
Subpart 5—Other provisions
17 Code of conduct continued
(1)
This clause applies to a code of conduct that—
(a)
applies to a parliamentary agency (the affected parliamentary agency); and
(b)
was issued by the Clerk, the chief executive, or both; and
(c)
is current immediately before the commencement date.
(2)
On and after the commencement date, the code of conduct—
(a)
continues to apply to the affected parliamentary agency as if it were a minimum standard set under clause 18 of Schedule 5 of this Act; but
(b)
ceases to apply to the affected parliamentary agency if replaced by a minimum standard set under clause 18 of Schedule 5 of this Act.
Schedule 2 Parliamentary precincts
Part 1 Land vested in Sovereign for purposes related to Parliament Buildings and grounds
All that parcel of land comprising 4.5592 hectares more or less being Section 1 Survey Office Plan 38114 as the same is comprised and described in record of title 10240 (Wellington Land Registration District).
Part 2 Map of parliamentary precincts
Schedule 3 Administration of salaries, allowances, annuities, expenses, and services for members and others
Contents
1 Outline of this schedule
(1)
(2)
(3)
Part 3 of this schedule provides for travel rebates for former members who held office before the 1999 general election.
Part 1 Administration of salaries, allowances, and annuities
2 Period for which salaries and allowances of members payable
(1)
The salary and allowance of each member are payable for the period—
(a)
starting on the day after polling day for the election at which the member is elected; and
(b)
ending on the earlier of the following days:
(i)
polling day for the next general election:
(ii)
the day on which the member’s seat becomes vacant.
(2)
However, if the member is returned at a by-election that is not contested,—
(a)
subclause (1)(a) does not apply; and
(b)
the member’s salary and allowance are payable starting on the day of the return of the writ for the by-election under section 185 of the Electoral Act 1993.
(3)
If the member is declared to be elected to fill a vacancy in the seat of a member elected from a party list,—
(a)
subclause (1)(a) does not apply; and
(b)
the member’s salary and allowance are payable starting on the day on which the member is returned under section 138(a) of the Electoral Act 1993.
Compare: 2013 No 93 s 10
Certain circumstances in which salaries and allowances payable
3 Additional salary payable if member does not stand or is not re-elected at general election
(1)
This clause applies to a person who is a member immediately before the dissolution of a Parliament and—
(a)
is not a candidate at the next general election; or
(b)
is an unsuccessful candidate at that general election.
(2)
A salary is payable to the person for the period—
(a)
starting on the day after the day on which the salary payable to the person under clause 2 ceases to be payable; and
(b)
ending on the day that is 3 months after polling day (the end date).
(3)
If the person is, before the end date, declared to be elected as a member following a by-election,—
(a)
subclause (2)(b) does not apply; and
(b)
a salary is payable to the person for the period ending on the day before the day of the return of the writ for the by-election under section 185 of the Electoral Act 1993.
(4)
If the person is, before the end date, declared to be elected as a member following a vacancy arising in the seat of a member elected from a party list,—
(a)
subclause (2)(b) does not apply; and
(b)
a salary is payable to the person for the period ending on the day before the day on which the member is returned under section 138(a) of the Electoral Act 1993.
(5)
If the person dies before the end date, clause 8 applies, starting on the day after the date on which the member dies.
Compare: 2013 No 93 s 11(1), (2)
4 Rate at which additional salary payable
(1)
A salary under clause 3 is payable at the previous ordinary member rate, unless subclause (2) or (3) applies.
(2)
If, on polling day, the person held office as Speaker or Deputy Speaker, the person’s salary under clause 3 is payable—
(a)
at the particular member rate for the period starting on the day after polling day and ending on the day of the first meeting of the House of Representatives after the general election; and
(b)
at the previous ordinary member rate for the period starting on the day after the day of the first meeting of the House of Representatives after the general election and ending on the day that is 3 months after polling day.
(3)
If, on polling day, the person held office as a Minister or as a Parliamentary Under-Secretary, the person’s salary under clause 3 is payable—
(a)
at the particular member rate for the period starting on the day after polling day and ending on the day on which the person ceases to hold that office; and
(b)
at the previous ordinary member rate for the period starting on the day after the day on which the person ceases to hold that office and ending on the day that is 3 months after polling day.
(4)
In respect of a person to whom subclause (2) or (3) applies,—
(a)
if the circumstances described in clause 3(3) or (4) subsequently apply to that person, the salary payable under subclause (2) or (3), as the case may be, ceases to be payable on the day specified in clause 3(3)(b) or (4)(b), whichever is applicable:
(b)
if the circumstances described in clause 3(5) subsequently apply to that person,—
(i)
the salary payable under subclause (2) or (3) ceases to be payable on the day of the person’s death; and
(ii)
clause 8 applies, starting on the day after the date on which the member dies.
(5)
In this clause, particular member rate means the rate at which the salary determined under section 71 was payable, as at polling day, to the holder of the office of the Speaker, the Deputy Speaker, a Minister, or a Parliamentary Under-Secretary, as applicable.
Compare: 2013 No 93 s 11(3)
5 Salaries and allowances payable in case of election petition
(1)
This clause applies if an election petition relating to a member’s election to the House of Representatives is presented to the court in accordance with Part 8 of the Electoral Act 1993.
Salary payable to person not duly elected or returned
(2)
Subclause (3) applies if the court determines at the end of the trial of an election petition that—
(a)
a person elected or returned was not duly elected or returned; or
(b)
the election at which the person was elected or returned was void.
(3)
The person must be paid the salary and allowance to which the person would have been entitled if the person had been duly elected or returned as a member for the period—
(a)
starting on—
(i)
the day after polling day; or
(ii)
in the case of a by-election that is not contested, the day of the return of the writ for the by-election under section 185 of the Electoral Act 1993; and
(b)
ending on the earlier of the following days:
(i)
the day on which the House of Representatives gives section 246 directions for the altering of the return:
(ii)
the day on which the seat becomes vacant.
Salary payable to person duly elected
(4)
Subclause (5) applies if—
(a)
the court determines at the end of the trial of an election petition that a person other than the person elected or returned was duly elected; and
(b)
the return is altered in accordance with section 246 directions to carry out the court’s determination.
(5)
The person determined to be duly elected must be paid the salary and allowance to which the person would have been entitled if that person’s name had been endorsed on the writ or return when it was first returned.
(6)
In this clause,—
court means the High Court or the Court of Appeal
election petition has the meaning given to it by section 229(1) of the Electoral Act 1993
section 246 directions means directions under section 246(2) of the Electoral Act 1993.
Compare: 2013 No 93 s 12
Certain circumstances in which salaries and allowances not payable
6 Deductions from salary payments if member absent from House of Representatives
(1)
If a member has been absent from the House of Representatives for a total of 3 sitting days since the start of a calendar year, an amount must be deducted from the member’s gross salary for the fourth and each subsequent sitting day on which the member is absent during the calendar year.
(2)
The amount to be deducted must be calculated in accordance with the following formula:
a × b
where—
- a
is 0.2%
- b
is the gross yearly salary payable to that member as at the date of the member’s absence.
(3)
The deduction must be made as soon as practicable after the sitting day for which the deduction is required to be made.
(4)
However, before a deduction is made, the Speaker must certify that—
(a)
the circumstances described in subclause (1) apply to the member concerned; and
(b)
the member’s gross salary must be deducted in accordance with this clause.
(5)
A member is only to be treated as absent on a particular day if the member is, on that day, absent without permission in accordance with the rules and practice of the House of Representatives.
Compare: 2013 No 93 s 13
7 Deductions from salary payments if member suspended from service of House of Representatives
(1)
If the House of Representatives suspends a member from the service of the House of Representatives, an amount must be deducted from the member’s gross salary for each day that the member is suspended.
(2)
The amount to be deducted must be calculated in accordance with the following formula:
a × b
where—
- a
is 0.2%
- b
is the gross yearly salary payable to that member as at the date of the member’s suspension.
(3)
The deduction must be made as soon as practicable after the day on which the member is suspended.
(4)
However, before a deduction is made, the Speaker must certify that—
(a)
the member has been suspended from the House of Representatives; and
(b)
the member is suspended for a specified period (which must be stated in the certificate); and
(c)
the member’s gross salary must be deducted in accordance with this clause.
Compare: 2013 No 93 s 14
Member dying in office: entitlements of family members
8 Salary payments to spouse, partner, dependent child, or adult dependant of member dying in office
(1)
This clause applies if a member dies—
(a)
while in office; or
(b)
during the period described in clause 3(2).
(2)
If the member is survived by a spouse or partner, the spouse or partner must be paid the specified sum of money.
(3)
If the member is not survived by a spouse or partner but is survived by a dependent child or an adult dependant, the specified sum of money must be paid—
(a)
to the dependent child or adult dependant; or
(b)
if the member is survived by more than 1 dependent child or adult dependant, to those children or dependants in equal shares.
(4)
If all or part of a specified sum of money is payable under this clause to a person who is under the age of 18 years, the money may be paid, by direction of the Speaker, to—
(a)
that person; or
(b)
a guardian or caregiver of that person, to be applied solely for the maintenance, education, advancement, or benefit of that person.
(5)
Receipt of the money by the guardian or caregiver is a good discharge to the Speaker for the payment of the specified sum of money or for that part of the specified sum of money that was payable.
(6)
The specified sum of money to be paid under this clause is calculated by whichever of the following methods is applicable:
(a)
in the case of a member who dies while in office,—
(i)
calculating the salary payable at the ordinary member rate for the 3-month period starting on the day after the date on which the member dies (the gross amount); and
(ii)
treating the gross amount as the member’s income for tax purposes:
(b)
in the case of a member who dies during the period described in clause 3(2),—
(i)
calculating the salary payable at the previous ordinary member rate for the remainder of that period (the remaining amount); and
(ii)
treating the remaining amount as the member’s income for tax purposes.
Compare: 2013 No 93 s 45
9 Conflicting claims by family members to payment
(1)
If more than 1 person claims to be entitled to a payment under clause 8(2) or (3), the chief executive must decide—
(a)
whether more than 1 person is entitled to the payment; and
(b)
if so, the proportion of the payment payable to each person entitled to it.
(2)
The chief executive must make, or arrange for, the payment in accordance with the decision.
(3)
If more than 1 person is entitled to the payment, the total amount paid to the persons entitled to it must not exceed the amount that would have been paid if only 1 person were entitled to it.
(4)
A person who claims to be entitled to a payment and who is dissatisfied with the chief executive’s decision under this clause about the payment may appeal against the decision to the High Court.
(5)
The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016 apply, with all necessary modifications, to the appeal as if it were an appeal under section 124 of that Act.
(6)
The provisions of the Senior Courts Act 2016 relating to appeals to the Court of Appeal against decisions of the High Court apply to an order or a decision of the High Court on the appeal.
Compare: 2013 No 93 s 46
Annuity payments to former Prime Ministers and surviving spouses or partners
10 Payment of annuity to former Prime Minister and surviving spouse or partner
(1)
An annuity is not payable to a person under section 73(1) during any period in which the person—
(a)
holds an office for which a salary (other than a salary payable at the ordinary member rate) is payable under—
(i)
a determination made under section 71; or
(ii)
the Governor-General Act 2010; or
(b)
receives an additional salary (other than a salary payable at the previous ordinary member rate) under clause 3.
(2)
The annuity payable to a surviving spouse or partner under section 73(4) is payable—
(a)
whether or not the spouse or partner remarries or re-partners; and
(b)
until the spouse or partner dies.
Compare: 2013 No 93 s 43(1)(b), (2)(b), (3)
11 Conflicting claims by family members to annuity
If more than 1 person claims to be entitled to an annuity under section 73(4), clause 9 applies as if—
(a)
a reference to a payment were a reference to an annuity; and
(b)
a reference to the chief executive were a reference to a person authorised to make decisions under this clause by the Minister Responsible for Ministerial Services.
Compare: 2013 No 93 s 46
Part 2 Administration of expenses and services
Subpart 1—Rules relating to expenses and services
Cost of publication of election and referendum advertisements
12 Public money generally not to be used for publication of advertisements during regulated period
(1)
Public money must not be used to pay for the publication of the following advertisements:
(a)
an election advertisement that is published during the regulated period for a general election:
(b)
a referendum advertisement that is published during the regulated period for a government-initiated referendum.
(2)
This clause and clause 13 apply regardless of when any expense in relation to the advertisement is incurred or paid.
Compare: 2000 No 17 s 3B(2)(b), (c), (3)
13 Public money may be used for publication of certain advertisements overlapping with regulated period
(1)
This clause applies if an advertisement can be publicly funded under a determination made under section 85(1) for the purpose set out in section 85(1)(e) and—
(a)
that advertisement is an election advertisement that is published—
(i)
before the regulated period for the general election or by-election concerned and continues to be published during the regulated period; or
(ii)
both before and during that regulated period; or
(b)
that advertisement is a referendum advertisement that is published—
(i)
before the regulated period for the government-initiated referendum concerned and continues to be published during the regulated period; or
(ii)
both before and during that regulated period.
(2)
Public money may be used to pay for only the portion of the expenses that is attributed to publishing the advertisement before the regulated period.
(3)
The chief executive must apportion the expenses for the publication of the advertisement between—
(a)
the period before the regulated period; and
(b)
the regulated period.
Compare: 2000 No 17 s 3C
No payments for period in which person receives salary as head of mission or post
14 No payments for period in which person receives salary as head of mission or post
(1)
A person who receives a salary as head of mission or head of post (within the meaning of the Foreign Affairs Act 1988) in respect of any period may not receive payment under a determination made under section 71, 72, 85, 87, or 94 in respect of that period.
(2)
This clause applies despite anything in this schedule or Part 4.
Compare: 2013 No 93 s 15
Conversion of expenses and services
15 Members of Parliament may apply to convert expenses and services
Member may ask chief executive to approve conversion
(1)
If subclause (2) or (3) applies, a member may ask the chief executive to approve the conversion of the relevant expense or service into an expense or a service costing a lesser amount.
(2)
Subclause (1) applies if—
(a)
a member (including a Minister) is able to use authorised funding and services determined by the Speaker under section 85(1); and
(b)
the cost of doing a particular activity in a different way is less than the cost of the equivalent expenses and services that the member is able to use under the determination.
(3)
Subclause (1) applies if—
(a)
a family member of a member (including a Minister) is able to use travel expenses determined by the Remuneration Authority under section 72(1)(a); and
(b)
the cost of carrying out the travel in a different way is less than the cost of the travel expenses determined by the Remuneration Authority.
Minister may ask chief executive responsible for Ministerial Services to approve conversion
(4)
If subclause (5) applies, a Minister may ask the chief executive responsible for Ministerial Services to approve the conversion of the relevant expense or a service into an expense or a service costing a lesser amount.
(5)
Subclause (4) applies if—
(a)
a Minister is able to use—
(i)
accommodation expenses determined by the Remuneration Authority under section 72(1)(b); or
(ii)
travel expenses determined by the Minister Responsible for Ministerial Services under section 94(1); and
(b)
the cost of doing a particular activity in a different way is less than the cost of the equivalent expenses and services that the member is able to use under the applicable determination.
Compare: 2013 No 93 s 31
16 Chief executive or chief executive responsible for Ministerial Services may approve application for conversion
(1)
The chief executive or the chief executive responsible for Ministerial Services, as applicable, may approve an application for an expense or a service to be converted into an expense or a service costing a lesser amount only if satisfied that—
(a)
the expense or service is authorised funding and services; and
(b)
the cost of the expense or service represents a fair value for the expense or service provided.
(2)
The chief executive or the chief executive responsible for Ministerial Services, as applicable, must inform the following persons in writing of any conversion that they approve:
(a)
the Remuneration Authority, in respect of expenses determined by the Remuneration Authority under section 72(1):
(b)
the Speaker, in respect of expenses or services determined by the Speaker under section 85(1):
(c)
the Minister Responsible for Ministerial Services, in respect of expenses determined by that Minister under section 94(1).
Compare: 2013 No 93 s 31
Recovery of amounts not eligible to be paid
17 Recovery of amounts paid
(1)
This clause applies if—
(a)
the Parliamentary Service, under a determination made under Part 4 of this Act, makes a payment out of public money against a claim for expenses; and
(b)
it is later established that the person or party to or for whom the payment was made should not have been paid those expenses under this Act.
(2)
The Parliamentary Service may recover the amount paid from the person or party as a debt due to the Parliamentary Service.
Compare: 2000 No 17 s 35A
Subpart 2—Reporting on expenses and services
18 Chief executive to report on travel and accommodation expenses
(1)
The chief executive must, as soon as practicable after the end of each quarter,—
(a)
report the expenses specified in subclause (2); and
(b)
publish the report on an internet site maintained by or on behalf of Parliament.
(2)
The following expenses are to be reported in respect of each member and each party:
(a)
the total cost incurred against the appropriation in section 84(b)(i) to provide each category of travel expenses determined by the Remuneration Authority under section 72(1)(a):
(b)
the total cost of providing each category of travel expenses and accommodation expenses determined by the Speaker under section 85(1)(a) to (c).
(3)
The Parliamentary Service’s annual financial statements must include the total cost of providing, in respect of each former member and any spouse or partner of that former member, each type of travel expenses provided for in Part 3 of this schedule.
(4)
Subclause (3) is in addition to the requirements in section 45B(2) of the Public Finance Act 1989.
19 Chief executive responsible for Ministerial Services to report on travel and accommodation expenses
The chief executive responsible for Ministerial Services must, as soon as practicable after the end of each quarter,—
(a)
report, in respect of each Minister,—
(i)
the total cost incurred against the appropriation in section 84(b)(ii) to provide accommodation expenses determined by the Remuneration Authority under section 72(1)(b); and
(ii)
the total cost of providing travel expenses determined by the Minister Responsible for Ministerial Services under section 94; and
(b)
publish the report on an internet site maintained by or on behalf of the department responsible for Ministerial Services.
Compare: 2013 No 93 s 33
20 Clerk to report on travel and accommodation expenses
The Clerk must, as soon as practicable after the end of each quarter,—
(a)
report, in respect of each member and each party, the total cost incurred to provide the travel expenses and accommodation expenses determined by the Speaker under section 87; and
(b)
publish the report on an internet site maintained by or on behalf of Parliament.
Compare: 2013 No 93 s 37
Part 3 Travel rebates for members in office before 1999 general election
21 Who this Part applies to
This Part applies in relation to the travel expenses of—
(a)
a former member; and
(b)
if applicable, the spouse or partner of that former member.
Compare: 2013 No 93 s 39(1)
Subpart 1—Entitlement to travel rebates
22 Interpretation of this Part
In this Part, unless the context otherwise requires,—
corrupt practice has the meaning given to it by section 3(1) of the Electoral Act 1993
fare, in relation to travel,—
(a)
includes any tax and service fees payable in respect of the travel; but
(b)
does not include any amounts paid as cancellation fees or for accommodation
former member travel rebate means a rebate of the cost of fares for travel payable under this Part to a former member or the spouse or partner of a former member
private business purposes, in relation to a person’s travel,—
(a)
means purposes relating to the person’s own business interests or the business interests of any other person, trust, company, or organisation (including a charity); and
(b)
includes purposes relating to the political activities or the management, administration, or governance of a political party (regardless of whether that political party is a party within the meaning of this Act)
spouse or partner, in relation to a former member, means a person who—
(a)
was the spouse or partner of the former member at the time the former member ceased to be a member; and
(b)
is the spouse or partner of the former member at the time of claiming a rebate under this Part.
23 Travel rebates for former members
(1)
The Parliamentary Service must, in accordance with this Part, pay former member travel rebates to a former member—
(a)
on and after the date on which they cease to be a member; and
(b)
at all times while they are no longer a member.
(2)
Subclause (1) applies regardless of whether the former member ceases to be a member before or after the commencement of this schedule.
Compare: 2013 No 93 s 39(1)–(3)
24 Travel rebates for spouses or partners of former members
(1)
The Parliamentary Service must—
(a)
pay to the spouse or partner of a former member the same former member travel rebates that are payable to the former member; and
(b)
pay those rebates on the same conditions as apply to payments to the former member.
(2)
Rebates continue to be payable to a spouse or partner of a former member after the death of the former member—
(a)
if the spouse or partner was the spouse or partner of the former member at the date of the former member’s death; and
(b)
regardless of whether the surviving spouse or partner remarries or re-partners.
(3)
For the purposes of this clause, former member also includes a person who was a member of Parliament before the 1999 general election and who died while in office, becoming a former member within the meaning of section 61 on the date of their death.
Compare: 2013 No 93 Schedule 2 cls 5(2), (3), 6, 7
25 Disqualification of certain former members and spouses or partners
(1)
Despite clauses 23 and 24, a former member travel rebate is not payable to a former member, or the spouse or partner of a former member if, at the time of the travel,—
(a)
the former member has been convicted of either of the following, committed while the former member was a candidate, a member, or a former member:
(i)
an offence punishable by imprisonment for a term of 2 years or more:
(ii)
a corrupt practice; or
(b)
the former member has been reported by the High Court in its report under section 244 of the Electoral Act 1993 on the trial of an election petition to have been proved guilty of a corrupt practice that was committed while the former member was a candidate, a member, or a former member.
(2)
A former member travel rebate is not payable to the spouse or partner of a former member if, at the time of the travel,—
(a)
the spouse or partner has been convicted of either of the following, committed after the former member left Parliament:
(i)
an offence punishable by imprisonment for a term of 2 years or more:
(ii)
a corrupt practice; or
(b)
the spouse or partner has been reported by the High Court in its report under section 244 of the Electoral Act 1993 on the trial of an election petition to have been proved guilty of a corrupt practice that was committed after the former member left Parliament.
(3)
In this clause, candidate means—
(a)
a constituency candidate or a list candidate; or
(b)
a person who has declared their intention of becoming a constituency candidate or a list candidate.
Compare: 2013 No 93 s 40
26 Claims for travel rebates
(1)
A former member, or the spouse or partner of a former member, who incurs an expense for which a travel rebate is payable must ask the chief executive to approve the payment of the rebate.
(2)
A request for a rebate must be in the form, and contain the information, required by the chief executive.
27 Resolving issues about former member travel rebates
(1)
The Remuneration Authority must establish a procedure for resolving issues about a person’s eligibility for a former member travel rebate or how any provision of this Part is to be interpreted or applied.
(2)
The procedure must provide for—
(a)
at least the following 2 stages:
(i)
an assessment of the issue, including whether the issue is able to be resolved by agreement:
(ii)
if required, a final decision by the Remuneration Authority; and
(b)
the participation of the chief executive.
Compare: 2013 No 93 s 41
Subpart 2—Applicable travel services and amounts of travel rebates
28 Travel services for which rebates are payable
(1)
Former member travel rebates are payable under this Part for the following travel services:
(a)
scheduled air services (domestic and international):
(b)
scheduled rail services:
(c)
scheduled road travel services:
(d)
scheduled inter-island travel on inter-island ferries.
(2)
However, rebates are not payable for the following:
(a)
suburban rail travel:
(b)
suburban road travel:
(c)
the carriage of a motor vehicle, or the use of a cabin, on an inter-island ferry.
(3)
Rebates are—
(a)
payable in accordance with the rules set out in clause 29; and
(b)
subject to the limitations set out in clauses 30 to 32.
29 Rebate rules
(1)
This clause sets out the rules according to which former member travel rebates are payable.
(2)
The rules concerning fares that are eligible for a rebate are as follows:
(a)
a rebate is payable if the former member paid the fare personally (without relying on public funds or any other source of funding):
(b)
no rebate is payable for travel for private business purposes:
(c)
if a former member travels for a mixture of personal purposes and private business purposes, the rebate is payable only for the part of the fare that is additional to the cost that would have been incurred if only the private business part of the journey had been undertaken.
(3)
The rules concerning the amount of rebate payable are as follows:
(a)
the amount of rebate that is payable is the appropriate percentage, set out in the table following this subclause, of the eligible fare:
(b)
the eligible fare for domestic travel is the fare for economy-class travel available at the time the travel is booked (or the actual fare paid, if less):
(c)
the eligible fare for international air travel is the fare for business-class travel available at the time the travel is booked (or the actual fare paid, if less).
| Table of rebates applicable | ||
|---|---|---|
| Number of complete terms of Parliament through which former member in office | Percentage of fare payable as rebate | |
| Less than 2 | 0% | |
| 2 | If former member has served as a Speaker or as a Minister (but not as a Parliamentary Under-Secretary): 50% Other cases: 0% |
|
| 2 (and part of a third) | If former member has served as a Speaker or as a Minister (but not as a Parliamentary Under-Secretary): 50% Other cases: 0% |
|
| 3 | 60% | |
| 3 (and part of a fourth) | 60% | |
| 4 | 75% | |
| 4 (and part of a fifth) | 75% | |
| 5 or more | 90% | |
(4)
The rebate that is payable under this clause is subject to clauses 30 to 32.
30 Limitations in relation to domestic travel
(1)
A rebate is payable for the cost of fares for up to 12 return air trips between any 2 points within New Zealand in each financial year.
(2)
A rebate is payable for the cost of fares for up to 12 return trips by any, or any combination, of the following scheduled surface travel services between any 2 points within New Zealand in each financial year:
(a)
rail travel:
(b)
road travel:
(c)
inter-island travel on inter-island ferries.
(3)
A one-way trip by air, rail, road, or inter-island ferry is to be treated as one-half of a return trip.
31 Limitation in relation to international air travel
(1)
The total amount of rebates paid to a former member for international air travel in each year must not exceed the amount of rebate to which the former member would have been entitled if they had flown between Auckland and London using the lowest-cost online business-class return airfare as at 1 July in the relevant year.
(2)
Rebates are paid for travel in respect of the relevant year.
Compare: 2013 No 93 Schedule 2 cl 3
32 Terms in office after 3 October 2008 not included in calculation of amount of rebate
For the purpose of determining the appropriate percentage of an eligible fare under clause 29(3)(a), the number of terms the former member has been in office does not include any term after 3 October 2008.
Compare: 2013 No 93 s 39(4), (5)
Schedule 4 Additional conditions of Clerk holding office and chief executive’s appointment
Contents
1 Outline of this schedule
Part 1 Conditions of Clerk holding office
2 Term of office
(1)
The Clerk—
(a)
is appointed for a term of 7 years; and
(b)
is eligible to be reappointed.
(2)
When the term for which a person has been appointed as Clerk expires, the person continues to hold office (unless sooner vacating or removed from office) until—
(a)
the person is reappointed; or
(b)
a successor to the person is appointed.
Compare: 1988 No 126 s 10
3 Remuneration and conditions of appointment
(1)
The Remuneration Authority must determine the remuneration of the Clerk under section 12(1)(a)(v) of the Remuneration Authority Act 1977.
(2)
The Speaker may determine any other terms and conditions of appointment of the Clerk that are additional to those specified in this Act.
Compare: 1988 No 126 s 8
4 Clerk must not hold other office or undertake other paid employment
(1)
A person who holds office as Clerk cannot be a member.
(2)
A person who holds office as Clerk must not, without the approval of the Speaker,—
(a)
hold any other paid or unpaid office; or
(b)
undertake any paid employment outside the person’s office as Clerk.
Compare: 1988 No 126 s 9
5 Vacation of office by resignation
(1)
A person holding office as Clerk may resign.
(2)
The person must give written notice of their resignation to—
(a)
the Speaker; or
(b)
the Deputy Speaker, if the Deputy Speaker is performing or exercising the functions, duties, and powers of the Speaker under section 48.
(3)
However, the person must instead give written notice to the Governor-General—
(a)
if—
(i)
the office of Speaker is vacant or the Speaker is absent from duty; and
(ii)
the office of Deputy Speaker is vacant or the Deputy Speaker is absent from duty; and
(iii)
there is no member with authority to act as Speaker; or
(b)
if the person resigns during the period following a general election.
Compare: 1988 No 126 s 11(1)
6 Suspension or removal from office
(1)
On an address from the House of Representatives, the Governor-General may suspend or remove the Clerk from office for any of the following reasons:
(a)
inability to perform the functions, duties, and powers of the office:
(b)
bankruptcy:
(c)
neglect of duty:
(d)
misconduct.
(2)
When Parliament is not in session, the Governor-General may suspend the Clerk for any of those reasons proved to the satisfaction of the Governor-General.
(3)
A suspension by the Governor-General under subclause (2) does not continue in force later than 2 months after the beginning of the next session of Parliament.
Compare: 1988 No 126 s 11(2), (3)
7 Superannuation
(1)
(2)
The Clerk is, for the purposes of the 1956 Act, to be treated as if the Clerk is employed in the Government service while the person is the Clerk.
(3)
However, if the Clerk ceases to be a contributor to the Government Superannuation Fund after their appointment, the Clerk may not resume making contributions to the Fund.
(4)
For the purposes of applying the 1956 Act to the Clerk under this section, controlling authority, in relation to the Clerk, means the Clerk.
Compare: 1988 No 126 s 28; 2020 No 31 s 16(2)–(5)
Part 2 Conditions of chief executive’s appointment
8 Term of office
(1)
The chief executive—
(a)
is appointed for a term of 7 years; and
(b)
is eligible to be reappointed.
(2)
When the term for which a person has been appointed as chief executive expires, the person continues to hold office (unless sooner vacating or removed from office) until—
(a)
the person is reappointed; or
(b)
a successor to the person is appointed.
Compare: 2000 No 17 Schedule 1 cl 4
9 Remuneration and conditions of appointment
(1)
The Remuneration Authority must determine the remuneration of the chief executive under section 12(1)(a)(v) of the Remuneration Authority Act 1977.
(2)
The Speaker may determine any other terms and conditions of appointment of the chief executive that are additional to those specified in this Act.
Compare: 2000 No 17 Schedule 1 cl 3
10 Chief executive must not hold other office or undertake other paid employment
(1)
A person appointed as chief executive cannot be a member.
(2)
A person appointed as chief executive must not, without the approval of the Speaker,—
(a)
hold any paid or unpaid office; or
(b)
undertake any paid employment outside the person’s appointment as chief executive.
Compare: 1988 No 126 s 9
11 Vacation of office by resignation
(1)
A person appointed as chief executive may resign.
(2)
The person must give written notice of their resignation to—
(a)
the Speaker; or
(b)
the Deputy Speaker, if the Deputy Speaker is performing or exercising the functions, duties, and powers of the Speaker under section 48.
(3)
However, the person must instead give written notice to the Governor-General—
(a)
if—
(i)
the office of Speaker is vacant or the Speaker is absent from duty; and
(ii)
the office of Deputy Speaker is vacant or the Deputy Speaker is absent from duty; and
(iii)
there is no member with authority to act as Speaker; or
(b)
if the person resigns during the period following a general election.
Compare: 1988 No 126 s 11(1)
12 Suspension or removal from office
(1)
The Speaker may suspend or remove the chief executive from office—
(a)
for just cause or excuse; and
(b)
with the agreement of the Governor-General.
(2)
The Speaker must consult the Parliamentary Service Commission before suspending or removing the chief executive.
(3)
Subclause (1) does not apply during the period following a general election.
(4)
During that period, the Governor-General may suspend the chief executive from office for just cause or excuse.
(5)
A suspension under subclause (4) continues in force until whichever of the following occurs first:
(a)
the Speaker removes the chief executive:
(b)
the expiry of a period of 2 months after the first meeting of the House of Representatives after the general election.
Compare: 2020 No 40 Schedule 7 cl 8
13 Superannuation
(1)
(2)
The chief executive is, for the purposes of the 1956 Act, to be treated as if the chief executive is employed in the Government service while the person is the chief executive.
(3)
However, if the chief executive ceases to be a contributor to the Government Superannuation Fund after their appointment, the chief executive may not resume making contributions to the Fund.
(4)
For the purposes of applying the 1956 Act to the chief executive under this section, controlling authority, in relation to the chief executive, means the chief executive.
Compare: 2000 No 17 Schedule 1 cl 10; 2020 No 31 s 16(2)–(5)
Schedule 5 Employment in parliamentary agencies
Contents
1 Outline of this schedule
(1)
This schedule sets out provisions concerning employment in the parliamentary agencies.
(2)
Part 1 provides for matters relating to appointing parliamentary agency employees.
(3)
Part 2 sets out general employment provisions relating to the parliamentary agencies, including the application of the Employment Relations Act 2000, personal grievances and disputes, transferring employees between parliamentary agencies, redundancy payments, and superannuation.
(4)
Part 3 provides for matters relating to the Clerk and the chief executive, as heads of the parliamentary agencies.
Part 1 Parliamentary agency employees
Appointing employees
2 Appointments on merit
(1)
When appointing an employee under this Act, the head of a parliamentary agency must give preference to the person who is best suited to the position.
(2)
This clause does not apply if the chief executive is appointing a parliamentary party employee.
3 Obligation to notify vacancies
(1)
If the head of a parliamentary agency intends to fill a position that is vacant or is to become vacant, the head of the parliamentary agency must, if it is reasonably practicable to do so, notify the vacancy or prospective vacancy using 1 or more means that enable suitably qualified people to apply for the position.
(2)
This clause does not apply if the position is for a parliamentary party employee.
4 Acting appointments
(1)
If an employee is absent from duty (for whatever reason) or a vacancy in a position in a parliamentary agency exists (for whatever reason), the head of the parliamentary agency affected may direct another employee to perform the functions and duties and exercise the powers of the relevant position.
(2)
A direction, or the acts of an employee acting under the direction, cannot be questioned in proceedings on any of the following grounds:
(a)
there was no absence or vacancy:
(b)
there is no longer an absence or a vacancy:
(c)
the employee acting under the direction was not appointed to the relevant position.
Compare: 2020 No 40 Schedule 8 cl 2
5 Evidence of appointments
(1)
An appointment to an office or a position in a parliamentary agency must be made, confirmed, or approved by the head of the agency that made the appointment.
(2)
An instrument issued by a head of a parliamentary agency stating that a person named in the instrument was appointed to an office or a position in the agency from and including a particular date is sufficient evidence of the appointment unless the contrary is proved.
Compare: 2020 No 40 Schedule 8 cl 3
6 Obligation to notify appointments
(1)
The head of a parliamentary agency must notify the agency’s employees of appointments made by the head of the agency.
(2)
This clause does not apply to appointments of—
(a)
acting, temporary, or casual employees; or
(b)
parliamentary party employees.
7 Review of appointments
(1)
The head of a parliamentary agency must put into place a procedure for reviewing any appointment made to the agency that is the subject of a complaint by an employee of the agency.
(2)
This clause does not apply to acting appointments or to appointments of parliamentary party employees.
Applicants for employment may be asked about political activities
8 Applicants for certain positions may be asked about political activity
(1)
This clause applies if the head of a parliamentary agency is seeking to fill a position that is vacant or is to become vacant (the vacant position) for—
(a)
an officer of the House; or
(b)
a corporate employee.
(2)
The head of a parliamentary agency may appoint a person to the vacant position only if the head of the parliamentary agency is satisfied that the person is capable of performing the functions and duties and exercising the powers associated with the vacant position in a politically impartial manner.
(3)
For that purpose, the head of the parliamentary agency may ask an applicant for the vacant position to identify any political activity that the applicant has undertaken.
(4)
However, the head of the parliamentary agency may not ask the applicant to provide information about the applicant’s political affiliations, opinions, or views.
(5)
In this clause,—
corporate employee means an employee—
(a)
who is employed by the Parliamentary Service; and
(b)
who is not—
(i)
a member support employee; or
(ii)
a parliamentary party employee; or
(iii)
an employee who is employed by the Parliamentary Service to work directly for the Office of the Speaker
local election has the meaning given to election in section 5(1) of the Local Electoral Act 2001
member support employee means an employee who is employed by the Parliamentary Service to work directly for 1 or more members, if the member exercises control or direction over the employee in a manner that is similar or substantially similar to the control or direction that an employer exercises, or is entitled to exercise, in relation to the employee
political activity means the following activity:
(a)
activity carried out on behalf of a political party, regardless of whether that political party is a party within the meaning of this Act:
(b)
activity carried out on behalf of a candidate in a general election, a by-election, or a local election.
Part 2 General employment provisions
Application of Employment Relations Act 2000 to parliamentary agencies
9 Application of Employment Relations Act 2000 to parliamentary agencies
(1)
The Employment Relations Act 2000 applies to the parliamentary agencies.
(2)
Subclause (1) is subject to the provisions of this Act.
Negotiation of collective agreements
10 Negotiation of collective agreements
(1)
The head of each parliamentary agency is responsible for negotiating under the Employment Relations Act 2000 all collective agreements that apply to the parliamentary agency.
(2)
The head of each parliamentary agency must conduct the negotiations with those unions of which the agency’s employees are members.
(3)
Each collective agreement that is entered into between the head of a parliamentary agency and a union and that relates to the parliamentary agency is binding on—
(a)
the head of the parliamentary agency; and
(b)
the employees of the parliamentary agency who are or become members of the union and whose work comes within the coverage clause in the collective agreement.
Compare: 1988 No 126 s 26; 2000 No 17 Schedule 1 cl 7(4); 2020 No 40 ss 78(3)(a), 79(2)
Power to transfer employees between parliamentary agencies
11 Power to transfer employees between parliamentary agencies
(1)
This clause applies if functions are transferred from one parliamentary agency (agency A) to another parliamentary agency (agency B).
(2)
The head of agency A may in consultation with the head of agency B, and subject to the relevant employment agreements, transfer any employee who was performing the relevant functions in agency A to a position in agency B, if the position in agency B—
(a)
consists of the same duties and responsibilities as those of the employee’s position in agency A immediately before the transfer; and
(b)
is in substantially the same general locality or a locality within reasonable commuting distance; and
(c)
is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
(d)
is on terms that treat service within the parliamentary agencies as if it were continuous service.
(3)
Before transferring an employee under this clause, the head of agency A must consult the employee about the proposed transfer.
(4)
Clause 15 applies to an employee who is transferred under this clause.
(5)
Clauses 2 to 7 do not apply in relation to the transfer of an employee under this clause.
(6)
This clause overrides Part 6A of the Employment Relations Act 2000 (which relates to continuity of employment if employees’ work is affected by restructuring).
Restrictions on redundancy payments
12 No redundancy payment for employee transferred under clause 11
An employee who is to be transferred under clause 11 is not entitled to a redundancy payment.
Compare: 2020 No 40 s 87(1)
13 Other restrictions on redundancy payments
(1)
An employee who has received a notice of termination by reason of redundancy is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee—
(a)
is offered and accepts another position as an employee in the employee’s current parliamentary agency or in the other parliamentary agency that—
(i)
begins before, on, or immediately after the date on which the employee’s current position ends; and
(ii)
is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
(iii)
is on terms that treat service within the parliamentary agencies as if it were continuous service; or
(b)
is offered an alternative position as an employee in the employee’s current parliamentary agency or in the other parliamentary agency that—
(i)
begins before, on, or immediately after the date on which the employee’s current position ends; and
(ii)
is a position with comparable duties and responsibilities to those of the employee’s current position; and
(iii)
is in substantially the same general locality or a locality within reasonable commuting distance; and
(iv)
is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
(v)
is on terms that treat service within the parliamentary agencies as if it were continuous service.
(2)
Clause 15 applies to an employee to whom subclause (1)(a) applies and who is moving from a position as an employee in a parliamentary agency to a position as an employee in the other parliamentary agency.
(3)
This clause overrides Part 6A of the Employment Relations Act 2000 (which relates to continuity of employment if employees’ work is affected by restructuring).
Compare: 2020 No 40 s 88
Employment in parliamentary agencies continuous for purpose of certain legislation
14 Application of clause 15
(1)
Clause 15 applies to an employee if—
(a)
the employee moves from a position as an employee in a parliamentary agency (agency A) to a position as an employee in the other parliamentary agency (agency B); and
(b)
the position as an employee in agency B begins before, on, or immediately after the date on which the employee’s position as an employee with agency A ends.
(2)
Without limiting subclause (1), clause 15 applies to an employee who—
(a)
is transferred under clause 11 from a position as an employee in a parliamentary agency to a position as an employee in the other parliamentary agency; or
(b)
moves from one parliamentary agency to the other in the circumstances to which clause 13(1)(a) applies.
Compare: 2020 No 40 s 90
15 Employment in parliamentary agencies continuous for purposes of certain legislation
(1)
The employment of an employee to whom this clause applies is to be treated as continuous for the purposes of—
(a)
(b)
entitlements to leave under the Parental Leave and Employment Protection Act 1987; and
(c)
the KiwiSaver Act 2006.
(2)
For the purposes of subclause (1)(a),—
(a)
the period of employment of the employee in agency A that ends with the date on which the employee moves to agency B must be treated as a period of employment with agency B for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; and
(b)
the head of agency A must not pay the employee for annual holidays, or alternative holidays, not taken before the date on which the employee moved to the position in agency B; and
(c)
the head of agency B must recognise the employee’s entitlement to—
(i)
any sick leave, including any sick leave carried over under section 66 of the Holidays Act 2003, not taken before the date on which the employee moved to the position in agency B; and
(ii)
any annual holidays not taken before the date on which the employee moved to the position in agency B; and
(iii)
any alternative holidays not taken or exchanged for payment under section 61 of that Act before the date on which the employee moved to the position in agency B; and
(iv)
any holidays not taken before the date on which the employee moved to the position in agency B in relation to which there was an agreement between the employee and agency A under section 44A or 44B of that Act.
(3)
For the purposes of subclause (1)(b),—
(a)
the period of employment of the employee in agency A that ends with the date on which the employee moves to agency B must be treated as a period of employment with agency B; and
(b)
the head of agency B must treat any notice given to or by the head of agency A under the Parental Leave and Employment Protection Act 1987 as if it had been given to or by the head of agency B.
(4)
If the employee’s position with agency B begins before the date on which the employee’s position with agency A ends, subclauses (2) and (3) must be applied as if the position with agency A ends on the date on which the employee’s position with agency B begins.
(5)
For the purposes of subclause (1)(c), the employment of the employee in the position with agency B is not new employment within the meaning of that term in the KiwiSaver Act 2006.
(6)
In this clause,—
agency A means the parliamentary agency that an employee moves from
agency B means the parliamentary agency that an employee moves to from agency A.
Compare: 2020 No 40 s 91
Superannuation
16 Superannuation
(1)
(2)
The person is, for the purposes of the 1956 Act, to be treated as if the person is employed in the Government service while the person is an employee of a parliamentary agency.
(3)
However, if the person ceases to be a contributor to the Government Superannuation Fund after their appointment, the person may not resume making contributions to the Fund.
(4)
For the purposes of applying the 1956 Act to a person under this clause, controlling authority, in relation to the person, means the head of the relevant parliamentary agency.
Employee is State servant for purposes of Electoral Act 1993
17 Employee is State servant for purposes of Electoral Act 1993
For the purposes of sections 52 and 53 of the Electoral Act 1993, an employee of a parliamentary agency is a State servant.
Part 3 Specific functions, duties, and powers of heads of parliamentary agencies
Head of parliamentary agency may set minimum standards of integrity and conduct
18 Head of agency may set minimum standards of integrity and conduct
(1)
The head of a parliamentary agency may set minimum standards of integrity and conduct that are to apply in that parliamentary agency.
(2)
The heads of the parliamentary agencies may agree to set joint minimum standards of integrity and conduct that are to apply in both parliamentary agencies.
(3)
The head of a parliamentary agency may set those minimum standards by issuing a code of conduct to the parliamentary agency.
Head of parliamentary agency must be good employer
19 Head of parliamentary agency must be good employer
(1)
The head of a parliamentary agency must—
(a)
operate an employment policy that complies with the principle of being a good employer; and
(b)
make that policy (including the equal employment opportunities programme) available to the parliamentary agency’s employees; and
(c)
ensure the parliamentary agency’s compliance with that policy (including the equal employment opportunities programme); and
(d)
report in the parliamentary agency’s annual report on the extent of the parliamentary agency’s compliance.
(2)
The heads of the parliamentary agencies may operate a joint employment policy that meets the requirements of this clause for each parliamentary agency to which the policy applies.
(3)
In this clause, good employer means an employer who operates an employment policy that contains provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions for—
(a)
the impartial selection of suitably qualified people for appointment (except in the case of parliamentary party employees); and
(b)
good and safe working conditions; and
(c)
an equal employment opportunities programme; and
(d)
recognition of—
(i)
the aims and aspirations of Māori; and
(ii)
the employment requirements of Māori; and
(iii)
the need for greater involvement of Māori in the parliamentary agencies; and
(e)
opportunities to enhance the abilities of individual employees; and
(f)
recognition of the aims and aspirations, employment requirements, and cultural differences of ethnic and minority groups; and
(g)
recognition of the employment requirements of women; and
(h)
recognition of the employment requirements of people with disabilities; and
(i)
recognition of the importance of achieving pay equity between female and male employees; and
(j)
recognition of the importance of decisions about remuneration being free from bias including, but not limited to, gender bias.
20 Head of agency’s functions and duties include promoting, developing, and monitoring equal employment opportunities programmes and policies
(1)
The functions and duties of the head of each parliamentary agency include developing, promoting, and monitoring equal employment opportunities programmes and policies for that agency.
(2)
The head of each parliamentary agency may adopt, in whole or in part, an equal employment opportunities programme or policy promoted or developed by the Public Service Commissioner under section 74(1) of the Public Service Act 2020.
(3)
The heads of the parliamentary agencies may develop, promote, and monitor joint equal employment opportunities programmes and policies that meet the requirements of this clause for each of the parliamentary agencies to which the programmes and policies apply.
21 Head of parliamentary agency to promote diversity and inclusiveness
The head of a parliamentary agency must—
(a)
be guided by the principle that the group comprising all employees of the agency should reflect the makeup of society; and
(b)
in employment policies and practices, foster a workplace that is inclusive of all groups.
Compare: 2020 No 40 s 75(1)
Schedule 6 Procedure of Parliamentary Corporation and Parliamentary Service Commission
Contents
Part 1 Procedure of Parliamentary Corporation
1 Calling of meetings
Meetings of the Parliamentary Corporation are held at the times and places determined by the Parliamentary Corporation or its chairperson.
Compare: 2000 No 17 Schedule 4 cl 3(1)
2 Chairperson, chief executive, and Corporation members required to be present at meetings
Every meeting of the Parliamentary Corporation requires the presence of—
(a)
the chairperson; and
(b)
the chief executive or their deputy (appointed under clause 4); and
(c)
at least 1 person who—
(i)
is appointed in accordance with section 148(1)(c); or
(ii)
is a deputy of such a person (appointed by that person under clause 4).
Compare: 2000 No 17 Schedule 4 cl 3(2)
3 Person presiding
The chairperson presides at all meetings of the Parliamentary Corporation.
Compare: 2000 No 17 Schedule 4 cl 4
4 Deputies 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—
(a)
revokes the appointment by written notice; or
(b)
ceases to be a Corporation member.
(4)
At any meeting of the Parliamentary Corporation, B—
(a)
has all the rights, privileges, and duties of A; and
(b)
is to be treated as a Corporation member.
Compare: 2000 No 17 Schedule 4 cl 5
5 Voting
(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.
Compare: 2000 No 17 Schedule 4 cl 6
6 Unanimous 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.
Compare: 2000 No 17 Schedule 4 cl 7
7 Seal
(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 42(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 127 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.
Compare: 2000 No 17 Schedule 4 cl 9
8 Enforceable 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.
Compare: 2000 No 17 Schedule 4 cl 10
9 Records
(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.
Compare: 2000 No 17 Schedule 4 cl 11
Part 2 Procedure of Parliamentary Service Commission
10 Calling 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—
(a)
by the chairperson; or
(b)
by any 3 Commission members.
Compare: 2000 No 17 Schedule 2 cl 1
11 Person 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.
Compare: 2000 No 17 Schedule 2 cl 2
12 Deputies
(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 155(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—
(a)
revokes the appointment by written notice; or
(b)
ceases to be a Commission member.
(5)
At any meeting of the Parliamentary Service Commission, B—
(a)
has all the rights, privileges, and duties of A; and
(b)
is to be treated as a Commission member.
Compare: 2000 No 17 Schedule 2 cl 7
13 Quorum
(1)
The quorum at any meeting of the Parliamentary Service Commission is,—
(a)
if there is an even number of parties represented in the House of Representatives, half that number plus 1; or
(b)
if there is an odd number of parties represented in the House of Representatives, half that number, rounded up to the nearest whole number.
(2)
The quorum must include at least 1 Commission member who is a member of a party in Opposition.
Compare: 2000 No 17 Schedule 2 cl 3
14 Decisions 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.
Compare: 2000 No 17 Schedule 2 cl 4
15 Voting
(1)
At a meeting of the Parliamentary Service Commission, a Commission member—
(a)
may vote on a question only if authorised by a party to vote on behalf of the party; and
(b)
votes on the question on behalf of that party; and
(c)
casts as many votes as there are members of the House of Representatives who belong to that party.
(2)
Only 1 Commission member may vote on behalf of each party.
(3)
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.
16 Advisory 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.
Compare: 2000 No 17 Schedule 2 cl 8
17 Speaker 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.
Compare: 2000 No 17 Schedule 2 cl 9
18 Annual report
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.
Compare: 2000 No 17 Schedule 2 cl 11
Legislative history
5 September 2024 |
Introduction (Bill 71–1) |
|
24 September 2024 |
First reading and referral to Parliament Bill Committee |
|
21 March 2025 |
Reported from Parliament Bill Committee (Bill 71–2) |
|
9 October 2025 |
Second reading |
|
5 November 2025 |
Committee of the whole House (Divided from Bill 71–2 as Bill 71–3) |
|
6 November 2025 |
Third reading |
|
12 November 2025 |
Royal assent |
This Act is administered by the Office of the Clerk of the House of Representatives and Parliamentary Service.