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Parliamentary Privilege Bill Government Bill As reported from the Privileges Committee Commentary Recommendation The Privileges Committee has examined the Parliamentary Privilege Bill and recommends that it be passed with the amendments shown.
Introduction This bill seeks to implement the recommendations we made in our 2013 report on the Question of privilege concerning the defamation action Attorney-General and Gow v Leigh (2013) AJHR I.17A, in- cluding recommendations restated in that report from various earlier Privileges Committee and Standing Orders Committee reports.
While the bill responds to specific recommendations we made in the context of particular questions of privilege, its coverage is broader than the particular issues raised by the events leading to the referral of those individual questions.
In accordance with our recommenda- tions in the Question of privilege concerning the defamation action Attorney-General and Gow v Leigh report, the bill seeks to restore and reaffirm understandings of the scope of aspects of parliamentary privilege, and to consolidate and modernise existing legislation.
Underpinning this legislation is the principle of comity: the mutual respect the legislature and the judiciary must have for each other in 179—2 2 Parliamentary Privilege Bill Commentary a functioning democracy.

The important roles and rights of both the courts and Parliament must be protected; this bill seeks to help clarify areas in which the authority of these institutions meet, with a view to strengthening the existing respectful relationship.
The importance of this bill for our country and parliamentary democ- racy should not be understated.

Once enacted, it will form part of our constitutional framework.

It will sit alongside the Constitution Act 1986, which contains provisions relating to the Sovereign as New Zealand’s Head of State, and to the three branches of government in New Zealand.
The legislation will set the framework for the oper- ations of our legislative branch of government, by affirming the key safeguards and immunities that Parliament (and particularly the com- ponent of it that is the House of Representatives) possesses to pre- serve its independence and to enable it to carry out its functions.
Parliamentary privilege is one of the building blocks of our democ- racy; it is the cornerstone of an effective Parliament, and protection of parliamentary privilege safeguards democracy itself.

Parliamentary privilege ensures that we, the people’s representatives, can debate and deal with the issues of the day freely and frankly, without fear of coercion or punishment, and without concern that matters of ac- countability will be adjudicated by bodies outside the House.
Protec- tion of parliamentary privilege ensures that our democracy remains healthy and strong.

Parliamentary privilege evolved from a time when the repercus- sions of participation in parliamentary proceedings could be serious; members’ participation could be (and often was) challenged in the Sovereign’s courts as sedition.

While such threats are long past, they are so largely because of the development of the protections afforded to Parliament by parliamentary privilege.
The long-protected group of privileges, immunities, and powers which form parliamentary privilege belong to Parliament itself, not its members.

While it is inevitable that the members who make up the Parliament also experience the benefit of these privileges, we acknowledge that these privileges do not exist for the benefit of the members personally.
We note that others who interact with Parliament, such as media and members of the public or officials, may also benefit from the protection of parliamentary privilege.

We understand that with these privileges comes obligation; we must be Commentary Parliamentary Privilege Bill 3 circumspect in the use and application of these privileges, and must be mindful of their source and purpose when seeking to invoke them.
The Bill does not set out to amend directly, or limit or detract from, any other operation of Article 9 of the Bill of Rights 1688, the first formal instrument from a Parliament protecting the freedom of speech and debates or proceedings in Parliament.

We note that the bill does not seek to codify comprehensively, or to replace en- It tirely with legislation, every aspect of parliamentary privilege.
is particularly concerned with one aspect: Parliament’s freedom of speech, and the associated matter of communicating proceedings in Parliament to the public.

We recommend a number of amendments to strengthen and stream- line the bill.

Our commentary covers the major amendments we rec- ommend.

It does not cover minor or technical amendments.

Purpose and scope of the bill We recommend that the bill be restructured into five parts.
The bill as introduced is cast in two parts: one which deals with substantive provisions, and the other with savings provisions, related amend- ments, and repeals.
Our suggested five-part structure organises the core elements of the legislation more clearly, with Part 1 to consist of general overarching provisions (purpose and interpretation), and new Part 1A the fundamental provisions relating to parliamentary privilege; new Part 1B setting out protections for communication of proceedings in Parliament, and Part 1C miscellaneous but important other provisions relating to parliamentary privilege (such as powers of the House).
The scope of the final part of the bill (Part 2) would remain largely the same.

Much of Part 1 of the bill as introduced would be simply shifted and restated elsewhere, unchanged, in this restructuring.

In our view the restructure, together with some of the key amendments discussed below, reflects better the role this legis- lation will play as a new principal Act, which will form part of the fabric of our constitutional framework.
The restructure we suggest, along with many of the key amendments we propose, reflects our desire that the bill be of general application in those areas of privilege addressed by the bill as introduced, rather than simply a direct response to specific events leading to the refer- ral of particular questions of privilege.
We expect the bill to provide 4 Parliamentary Privilege Bill Commentary guidance on how to deal with the kinds of issues that may come up in relation to, for example, statements which effectively repeat pro- ceedings in Parliament.

To simply respond directly to the approach taken by a court in any one particular case, setting out provisions according to issues rather than thematically, might not achieve the coverage we intend.
Interpreting the legislation Comity is a key principle that underpins parliamentary privilege.

It is about reciprocal courtesy and respect between the judiciary and the legislature: the mutual respect and restraint that is essential in maintaining the constitutional relationship between the two, and the independence of each.

We note that the principle of comity is not an isolated principle asserted by Parliament.
Rather, comity—and the rationale behind it—has been expressed most eloquently and confidently by the courts themselves.
In Pickin v British Railways Board,1 Lord Reid cited comity as a basis for considering questions relating to the actions of Parliament, saying that “for a century or more both Parliament and the courts have been careful not to act so as to cause conflict between them”, and that (regarding an investigation into how and why Parliament enacted a certain piece of legislation), “the whole trend for over a century is clearly against any such investigation”.
In the same case, Lord Simon of Glaisdale stated: It is well known that in the past there have been dangerous strains between the law courts and Parliament—dangerous because each institution has its own particular role to play in our constitution, and because collision between the two in- stitutions is likely to impair their power to vouchsafe those constitutional rights for which citizens depend on them.
So for many years Parliament and the courts have each been astute to respect the sphere of action and the privileges of the other—Parliament, for example, by its sub judice rule, the courts by taking care to exclude evidence which might amount to infringement of parliamentary privilege.

Our proposed new clause 3A emphasises the importance of under- standing context when dealing with questions relating to parliamen- tary privilege or proceedings in Parliament.

It would provide clear 1 [1974] UKHL 1.


Commentary Parliamentary Privilege Bill 5 direction that the Act must be interpreted so as to promote the pur- poses we set out in the legislation (both the purposes of the bill, and the purpose of parliamentary privilege; see clause 3A(1)(c)).

In add- ition, new clause 3A would ensure that, along with the purposes set out in the bill, the principle of comity was always uppermost in the minds of decision-makers interpreting and applying this legislation.
We recommend changes to the purpose clause (clause 3).

The ori- ginal purposes set out in the bill as introduced would not be lost, but would become subsidiary purposes (new clause 3(2)), supplementing the main purposes (new clause 3(1)), which would be to reaffirm and clarify the nature, scope, and extent of the privileges, immunities, and powers exercisable by the House, and to ensure adequate protection from legal liability for communication of, and of documents relating to, proceedings in Parliament.
This is not a policy change; it was al- ways the intention that a Parliamentary Privilege Bill responding to our original recommendations should do these things.

While the bill as introduced did indeed include provisions to do so, it did not con- tain these high-level statements.

We consider these statements im- portant to set the scene for anyone who needs to interpret and apply the legislation.

We also recommend a revision of clause 6, which sets out the purpose of parliamentary privilege.
Our changes (in new clause 6) would help to make clear the underlying justifications for parliamentary privil- ege; the privileges, immunities, and powers in the bill exist to uphold the integrity of the House as a democratic legislative assembly, and to secure the independence of the House, its committees, and its mem- bers, in the performance of their functions.
Without the protection of parliamentary privilege, it has been suggested that “parliaments probably would degenerate into polite but ineffectual debating soci- eties”.2 Interaction with defamation law: removal of defamation concepts (adequacy of protection) We recommend amending the bill by removing clauses 9 to 13, and clause 33(2), which propose specifying particular parliamentary mat- ters that are to be protected by absolute privilege against any kind of 2 Campbell, Enid, Parliamentary Privilege in Australia, Melbourne, 1996, p.28.
6 Parliamentary Privilege Bill Commentary criminal or civil liability.

This recommendation is not made because we wish to reduce the level of protection available under Article 9 of the Bill of Rights 1688 regarding any of the specified matters, or because we do not consider these matters to be protected against liability in defamation by absolute privilege.
Rather, we consider that introducing defamation concepts into this legislation is confus- ing and unnecessary, and that the existing absolute privilege protec- tions against liability in defamation are best left in the Defamation Act 1992 itself.
We are particularly concerned that incorporating new absolute privilege protections modelled on defamation concepts into parlia- mentary privilege legislation might inadvertently extend the scope of parliamentary privilege, particularly to providing protection for statements made outside Parliament other than those that communi- cate accurately or effectively repeat proceedings in Parliament.
We wish to restore the scope and understanding of parliamentary privil- ege to its proper balance, as it was in law before certain modern New Zealand courts’ decisions, such as those in Attorney-General and Gow v Leigh,3 and Buchanan v Jennings.4 Extending the protection of parliamentary privilege into uncharted and inappropriate terri- tory—by adopting broad new absolute privilege protections against all liabilities—was never our intent.
We suggest instead retaining and strengthening the more orthodox approaches to parliamentary privilege taken elsewhere in the bill.
For example, we recommend taking only an evidential prohibition approach regarding liabilities from statements that effectively repeat statements made in proceedings in Parliament (commonly known as “effective repetition”), and relying on reinforced provisions for stays of court or tribunal proceedings in respect of specified authorised communications of proceedings in Parliament.
We consider that these traditional approaches, together with retain- ing the pertinent provisions of the Defamation Act in that Act itself (rather than in the new legislation), should provide sufficient pro- In some of the reinstated clauses regarding communicat- tection.

ing proceedings in Parliament (new subpart 2 of Part 1B), we rec- ommend replacing all references to “qualified privilege” with “qual- 3 4 [2011] NZSC 106, [2012] 2 NZLR 713 (SC).

[2004] UKPC 36, [2005] 2 All ER 273 (PC).


Commentary Parliamentary Privilege Bill 7 ified immunity”, to reduce the potential for confusion with well- known defamation concepts and principles.

Our other recommended amendments regarding the evidential prohibition for effective repe- tition statements are discussed below.
Our proposed new clause 20(2) would also make it clear, for the avoidance of doubt, that the Defamation Act’s absolute privilege and qualified privilege provisions would remain unaffected by the pro- visions of this bill, except where our recommended new qualified immunity provisions (subpart 2 of Part 1B, discussed below) would replace the qualified privilege provisions in clauses 1 to 3 of Sched- ule 1 of the Defamation Act (or where clause 33 aligns terminology).
Exercisable We recommend defining the new term “exercisable” (clause 4), and using it as a key term throughout the legislation when referring to the privileges, immunities, or powers of the House (or of the House of Commons), its committees, or its members.

The legislation as introduced uses for this purpose the conventional terminology, “held, enjoyed, and exercised”, as used in section 242(1) of the Legislature Act 1908.

This bill seeks to repeal the Legislature Act 1908, and replace its provisions.
Our use of this new, defined term is to simplify expression only, so is not intended to change what is protected, or to prevent continued application of the legal precedents associated with these terms: it is simply an effort to modernise and rationalise the current legislation.

We are confident that the extensive history and body of precedent associated with the terms “held, enjoyed, and exercised” would not be lost, if these terms are included in the definition of “exercisable”, as we recommend.
Protection afforded by parliamentary privilege Our new subpart 2 of new Part 1A would replace clause 8 of the bill as introduced.

This subpart sets out how this legislation relates to Art- icle 9, and also defines proceedings in Parliament.

Making sure that these provisions are clear, simple, and easy to understand is crucial if the bill is to achieve the purpose we intend.
Our changes would dis- aggregate the key components of clause 8 into eight separate clauses, 8 Parliamentary Privilege Bill Commentary and simplify and modernise the language so that the provisions were as unambiguous as possible.

Our new clauses 8A to 8H reaffirm and clarify Article 9 of the Bill of Rights 1688, in accordance with the main purpose of the bill (set out in clause 3(1)(a)).
They also (in accordance with the subsidiary purposes in clause 3(2)(b), (c), and (d)) would • make clear what “proceedings in Parliament”, as used in Art- icle 9, means, and in particular seek to alter the law in the de- cision in Attorney-General v Leigh stop evidence being offered or received, questions being asked, or statements, submissions, or comments made, about proceedings in Parliament, to inform or support “effective repetition” claims and liabilities in court or tribunal proceed- ings (exemplified by the decision in Buchanan v Jennings).
• The provisions we recommend broadly follow section 16 of the Par- liamentary Privileges Act 1987 (Australia).

Like this model, they would not replace, but declare the effect of, Article 9.

Clauses 8A to 8H require Article 9 to be taken to have a specified ef- fect.

However, they are not intended to directly override, or amend, Article 9.

Rather, the provisions we suggest would sit alongside Article 9, for reference should clarification be needed in the areas covered by these clauses.
Interaction of this legislation with Article 9 of the Bill of Rights 1688 One of the main purposes of this bill (clause 3(1)(a)) is to reaffirm and clarify the nature, scope, and extent of the privileges, immunities, and powers of the House.

One of these privileges, freedom of speech, is set out in Article 9 of the Bill of Rights 1688 (which is part of the laws of New Zealand, through the Imperial Laws Application Act 1988).
Article 9 says: Freedom of speech That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament.

Our new clause 8A would require Article 9 to be taken to have the effect specified in the subpart, but also makes it clear that this would not stop any other effect of Article 9 beyond the matters dealt with Commentary Parliamentary Privilege Bill 9 in the subpart.
It also makes it clear that there would be times where the Article 9 rights were overridden by specified Crimes Act 1961 offences.

Impeaching or questioning While we have taken a general approach of suggesting simpler and modernised drafting, we recommend continuing to reflect directly some of the wording of Article 9 (particularly: “That… proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament”).
Our new clauses 8C to 8F would make clearer what is covered or excluded by the term “impeaching or ques- tioning” in respect of proceedings in Parliament.
We considered whether it might be useful to replace references to “impeaching or questioning” with more current terminology, but wanted to avoid the risk that the scope of parliamentary privilege protected by Article 9 would be broadened or narrowed, or that the courts might interpret any change in terminology as a shift away from the concepts established since the 17th century.
While these terms may today be considered synonymous, at the time Article 9 was drafted they probably reflected subtle differences of meaning.
Erskine May says, “Use of the term ‘impeached’ in the context of the defence of parliamentary freedoms goes at least as far back as the Commons Protestation of 1621, where it appears in a very broad context along with ‘imprisonment…molestation, cen- sure’.”5 Today, we understand freedom of speech to be “impeached” where there is an attempt to make a member or other person liable in criminal or civil proceedings on account of what they have said or done in Parliament.
Freedom of speech is “questioned” when there is an attempt to use what is said or done in Parliament in criminal or civil proceedings in a way that involves a critical examination of that statement.6 While Article 9 excludes evidence where the reason the evidence is offered or admitted is to “impeach or question”, it does not prevent evidence being used—with no impeaching or questioning—to estab- 5 Malcolm Jack, Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament, 24 th ed., pp.
233–234.

6 David McGee, Parliamentary Practice in New Zealand, 3rd ed, p. 625.

10 Parliamentary Privilege Bill Commentary lish that something was said or done in Parliament as a matter of fact.7 Our new clause 8G is intended to recognise that the bill would not change this established position.
Definition of proceedings in Parliament We recommend amending the definition of proceedings in Parliament (new subclauses 8B(3) and (4)), to make it clear that proceedings in- clude matters which relate to the transacting of any “reasonably ap- prehended” business, and to ensure that it would be clear that neces- sity is not the appropriate test to apply when determining what might be a proceeding in Parliament.
To avoid any doubt on this last point, we also recommend inserting new subclause 8B(7), to ensure that our definition applied despite any contrary law, including the deci- sion made in Attorney-General and Gow v Leigh.8 This definition is a key provision of the proposed legislation: an understanding of what a proceeding in Parliament is underpins many of the operative protection provisions in the legislation.
It was always the intention that this legislation would reverse the shift in under- standing, and the reduction in the scope of parliamentary privilege, resulting from the decision made in Attorney-General and Gow v Leigh.

Our amendments make this irrefutably clear.


Our proposed definition recognises that much of the vital business of Parliament is transacted away from the floor of the House, or in reasonable anticipation of parliamentary business, and it is critical that privilege apply to such proceedings.

Whether or not particular words, actions or documents are covered will require an examination of the particular matter and the occasion.
We discussed at length the types of matter we consider are “incidental to” the transacting of the business of the House or of a committee, and therefore covered by the legislation.

We expect that any words or acts sufficiently connected to, or occurring in conjunction with, the business of the House or its committees are covered.
We consider that advice provided to Ministers in preparation for reasonably expected questions in the House, as occurred in regard to Attorney-General and Gow v Leigh, are proceedings in Parliament under this definition.

7 Philip Joseph, Constitutional and Administrative Law in NZ, 4th ed., pp.

437–438.

[2011] NZSC 106, [2012] 2 NZLR 713 (SC).
8 Commentary Parliamentary Privilege Bill 11 Beyond this, while coverage will need to be determined case by case, we note (without intending to limit the definition) that we expect mat- ters covered to include preparation associated with questions for oral or written answer or preparation of notices of motion for lodging by a member, the preparation of evidence for a select committee by an individual or organisation, the preparation or the submission of a pe- tition from an individual to a member for presentation to the House, and the preparation of documents for a member for use in a debate or for raising questions in the House.
Other matters covered by the def- inition might include a member’s speech notes regarding a document tabled in Parliament, or written communications between a member and a Minister or a Minister and their department regarding an issue under discussion (or a document which is later tabled) in the House.

We note that the main subclauses defining a proceeding in Parliament (clauses 8B(1) and 8B(2)) would reinstate the wording of clause 8(2) of the bill as introduced.
This expressly draws on the comparable provision in the Australian Parliamentary Privileges Act 1987.9 We heard from our Australian Senate counterparts that this provision has served them well, and there has been no evidence of either limitation caused by the definition, or a need to expand the items specified.

In view of this experience, we consider that the definition should also be satisfactory in New Zealand.
We note an additional benefit of retain- ing this direct reflection of the Australian legislation; it should ensure that their body of case law remains relevant to the New Zealand con- text.

Effective repetition We recommend the addition of new paragraphs (d) and (e) to clause 8C (which otherwise reinstates clause 8(3) of the bill as introduced), to strengthen the evidential prohibition for proceedings in Parlia- ment.
These new paragraphs would replace clause 8(4) of the bill as introduced, and would prevent proceedings in Parliament being re- lied upon to prove or disprove facts necessary to establish liability in court, or otherwise being used to resolve, support, or resist court proceedings.

Our recommended new clause 3(2)(d) (which refines clause 3(1)(e) of the bill as introduced) emphasises the strength of this prohibition, 9 Section 16(2).
12 Parliamentary Privilege Bill Commentary by making it clear that the prohibition (on use of proceedings in Par- liament to inform or support “effective repetition” claims and liabil- ities in proceedings in a court or tribunal) is a subsidiary purpose of the Act.
At the heart of these changes are the protections we consider neces- sary to address the issues raised in Buchanan v Jennings.10 The prin- cipal issue in this case was the extent to which something said by a member inside Parliament could be used in a defamation claim on the basis of an effective (as opposed to actual) repetition of the par- liamentary statement outside the House.
In summary, the case estab- lished that, where a statement was made that the court considered to be effectively repeating a parliamentary proceeding, the proceeding itself could become evidence.

In our 2013 report, we recommended abolishing this doctrine of effective repetition.
The bill as introduced takes a “belt and braces” approach to address- ing this issue, by including a statement in clause 10 that effective repetition statements are protected by absolute privilege, and also by establishing an evidential barrier preventing the use of proceedings in Parliament in court proceedings (clause 8(4) of the bill as intro- duced).

We recommend the deletion from this legislation of all pro- visions relating to absolute privilege, including clause 10.
Our pre- ferred approach to dealing with effective repetition is rather to ensure that the evidential barrier against a court using proceedings in Par- liament is simple, clear, and complete.

We consider that clause 8C, with our proposed additions of paragraphs (e) and (d), would achieve this purpose.
Confidential proceedings We recommend replacing all references to “private evidence” with “advice, evidence, or otherwise” in our new clause 8D (which re- places 8(5)(a)(i) and 8(5)(b)(i) from the bill as introduced).
This change makes it clear that it is not just evidence received in private that a court could not require to be produced; all information which is confidential to the House or a committee is protected from disclos- ure, unless the House or committee has communicated the material to the public or authorised its communication to the public.

10 [2004] UKPC 36, [2005] 2 All ER 273 (PC).


Commentary Parliamentary Privilege Bill 13 Use of proceedings in interpreting legislation or to establish historical event or other fact We recommend the insertion of new clauses 8E and 8G, so that a pro- ceeding in Parliament could be used only for the purpose of interpret- ing legislation, or to establish a relevant historical event or fact, pro- vided there was no impeaching or questioning of the proceedings in Parliament.
New clause 8E would allow a court to examine proceed- ings in certain circumstances, for example by referring to Hansard or committee reports to ascertain the will of Parliament in enacting particular legislation, if faced with a question about the proper inter- pretation of that legislation.

We consider such a reference entirely correct and not a breach of privilege.

Communication of proceedings in Parliament Our recommended new Part 1B deals with communication of pro- ceedings in Parliament.
It would simplify the framework for protect- ing publishing and broadcasting of parliamentary proceedings, by re- placing clauses 11 to 13 and 15 to 16 of the bill as introduced with a single new clause 15.

New clause 15 provides for a stay of court or tribunal proceedings11 that are commenced on the basis of a proceed- ing in Parliament, or a document related to a proceeding in Parlia- ment, communicated under the authority of the House (such as broad- casts made under the authority of the House).
This clause would also provide for a stay of court or tribunal proceedings for which a copy of such a document was the basis.

Subpart 2 of this new Part deals with qualified immunity.
Qualified immunity would be available as a defence for fair and accurate re- ports of proceedings in Parliament, or extracts or summaries of docu- ments published under the authority of the House or related to pro- ceedings in Parliament (clause 19), and for delayed communications of proceedings not made under the authority of the House (such as re-broadcasts of Parliament TV) (clause 18), providing that the de- fendant did not abuse the occasion of communication (for example, by acting in bad faith or with a predominant motive of ill-will) (clause 17).
11 A stay of proceedings is an order of the court or tribunal (in civil and criminal procedure) which halts any further legal process.
14 Parliamentary Privilege Bill Commentary Definitions of communications and communication to the public We recommend that the terms “communication” and “communica- tion to the public” be defined (clause 4), and that they be used to ra- tionalise the legislation, and obviate the need for use of multiple dis- tinct terms such as parliamentary papers, authorised parliamentary papers, broadcasts, and statements.
Consequently, we recommend the removal of these terms throughout the bill, and the deletion of these extraneous definitions.

Our proposed new definition of communication is designed to fu- ture-proof this legislation, by covering in a technology-neutral way all communications in any form.

Regarding current technology, it is expected to capture delivery of a printed copy of a document, as well as transmission of an electronic copy of a document (whether by email, internet posting, or the like).
It would also cover radio broad- casts, television broadcasts, webcasts, and podcasts.

The definition also captures all transmissions regardless of the role or purpose of the transmitter; those who act solely as distributors, those who are reproducers of content, and suppliers of transmission services are all covered by the amended bill.
Hansard In suggesting our amendment to remove the definitions of parliamen- tary paper, or an authorised parliamentary paper, from this bill, we recognise that what such “papers” might comprise is a matter for the House to determine.

Likewise, the production of Hansard and the saving of approved forms or rules for Hansard must come under the exclusive cognisance of the House.
Accordingly, we recommend the deletion of clauses 14 and 32, and we leave any rules needed in this regard in the hands of the House itself.

Process for issue of a certificate to stay proceedings New subclauses 15(2) to 15(5) set out the process to be followed for a stay of proceedings to be granted.

These new subclauses reflect modern court and tribunal practice and procedure.
An application for a certificate would be made to the Speaker of the House of Rep- resentatives; and where the Speaker granted a certificate it would be required to state the nature of the communication for which the cer- tificate was granted (see clause 15(2)(a)), and copies of each docu- Commentary Parliamentary Privilege Bill 15 ment relating to the communicated proceedings in Parliament or the authorised parliamentary communication in question would have to be appended to the certificate.
Once a certificate was granted, the applicant could apply to the relevant court or tribunal for a stay of proceedings, and would have to append the certificate to their appli- cation (clause 15(3)).

The court or tribunal registrar would then refer the matter to the presiding judicial officer, who would have to imme- diately stay the proceedings related to the certificate (clause 15(4)).
The order staying the proceedings must be processed in accordance with the practice and procedure of the relevant court or tribunal, but without fee (clause 15(5)).

As proposed in the bill as introduced, once stayed, the court proceed- ings would have to be taken as finally determined (clause 15(6)).
We recommend a minor change to make it clear that the process to apply for a stay of proceedings would not prevent a plaintiff or prosecutor from discontinuing or withdrawing the court or tribunal proceedings (clause 15(7)).

Conclusion The nature of Parliament’s relationship with the courts underpins the core proposals in this legislation.

Both institutions are charged with separate constitutional responsibilities designed to protect the inter- ests of, and maintain, our free and democratic society.
To discharge our duties properly, we each need to be able to uphold our own in- dependence, both from each other, and from others.

We should each operate in a way that acknowledges and supports the other’s inde- pendence and role.

In this bill, we are looking to strike a harmonious balance in the area where the privileges necessary to protect the independence of Par- liament, and the important role of the courts, intersect.
Under New Zealand’s constitutional arrangements (like those of the United King- dom), the precise boundaries of the authority of the courts and Par- liament can be indistinct.

It is of the utmost importance that conflict is avoided by careful and respectful considerations of each other’s constitutional roles.
By clarifying this area, we expect to enhance the ability of both insti- tutions to live fruitfully and respectfully alongside each other, each making its own important contribution to fair and stable governance 16 Parliamentary Privilege Bill Commentary within New Zealand.

In our view, the provisions in this bill, with our suggested amendments, would strike the right balance.
Commentary Parliamentary Privilege Bill 17 Appendix Committee process The Parliamentary Privilege Bill was referred to the committee on 11 December 2013.

The closing date for submissions was 28 Febru- ary 2014.

We called publicly for submissions, along with inviting submissions from a number of interested parties and our counterparts in certain other jurisdictions.
We received and considered nine sub- missions in response, and heard from the Legislation Advisory Com- mittee, the New Zealand Law Society, and the Clerk of the House of Representatives.

We would like to thank all the submitters for their considered views.

We received advice from the Ministry of Justice, the Office of the Clerk of the House of Representatives, and our independent specialist adviser Mr John Pike QC.
Committee membership Hon Christopher Finlayson QC (Chairperson) Hon John Banks Hon Gerry Brownlee Dr Kennedy Graham Chris Hipkins Hon Murray McCully Hon David Parker Rt Hon Winston Peters Grant Robertson Hon Anne Tolley Hon Tariana Turia Parliamentary Privilege Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Gerry Brownlee Parliamentary Privilege Bill Government Bill Contents Part 1 General provisions Title Commencement Purposes of this Act Interpretation of this Act Interpretation Act binds the Crown Part 1A Parliamentary privilege: fundamental provisions Subpart 1—Privileges generally of House, committees, and members Purpose of parliamentary privilege Privileges exercisable and part of laws of New Zealand, journals as evidence Subpart 2—Effect of Article 9 of Bill of Rights 1688, and proceedings in Parliament defined Reaffirmation, and clarification of aspects, of Article 9 1 2 3 3A 4 5 6 7 8A Article 9 to be taken to have specified effect Definition Proceedings in Parliament defined 8B 179—2 Page 3 3 4 5 6 9 22 23 24 24 1 Parliamentary Privilege Bill Scope of prohibited impeaching or questioning, in court or tribunal proceedings, of proceedings in Parliament Facts, liability, and judgments or orders Production or use of documents or oral evidence House or committee received in private, or as secret evidence Use of certain documents in interpretation of legislation Operation of Parts 1B and 1C Use of proceedings to establish, without impeaching or questioning, historical events or other facts Subpart is declaratory, and prospective only Subpart is for avoidance of doubt, and does not apply to existing court or tribunal proceedings Part 1B Communicating proceedings in Parliament Subpart 1—Stays of court or tribunal proceedings in respect of specified communications Communications of proceedings in Parliament, related documents, or specified copies Subpart 2—Qualified immunity from civil or criminal liability Effect and
 operation of qualified immunity under this Act Delayed communication to public, not under House’s authority, of proceedings in Parliament Communication of certain parliamentary documents Other laws unaffected Part 1C Parliamentary privilege: other provisions Subpart 1—House’s power to fine for contempt House may impose fine on person determined by House to have committed contempt of House Subpart 2—House has no power to expel from membership of House Members’ seats become vacant only as provided in Electoral Act 1993 Subpart 3—Parliamentary witnesses House or committee may administer oath or affirmation Privileges and immunities of witness giving evidence on oath or affirmation 25 26 27 27 28 28 28 30 31 31 31 32 33 33 33 8C 8D 8E 8F 8G 8H 15 Parliamentary Privilege Bill cl 2 Subpart 4—Members’ and certain officers’ participation in court or tribunal proceedings Member or officer may apply to Speaker for certificate exempting from attendance Speaker determines application for exemption certificate Extent of exemption under certificate granted Order or certificate exempting Speaker from attendance Effect of certificate or order 25 26 27 28 29 Subpart 5—Judicial notice of Speaker’s signature on certificates 30 Judicial notice must be taken of Speaker’s signature Part 2 Savings provision, related amendments, and repeals Savings provision Existing court or tribunal proceedings Related amendments Canterbury Earthquake Recovery Act 2011 amended
 Defamation Act 1992 amended Epidemic Preparedness Act 2006 amended Intelligence and Security Committee Act 1996 amended Repeals Legislature Act 1908 and Legislature Amendment Act 1992 repealed 31 32A 33 33A 34 35 34 34 34 34 36 36 37 37 37 38 38 39 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Parliamentary Privilege Act 2013.
Commencement This Act comes into force on the day after the date on which 5 it receives the Royal assent.
3 Part 1 cl 3 Parliamentary Privilege Bill Part 1 Substantive General provisions Subpart 1—General provisions Purposes of this Act The purpose of this Act is to— (a) recognise the mutual respect and restraint (also together 5 referred to as the principle of comity) in the important constitutional relationship between the legislative and judicial branches of government; and reaffirm generally in a single Act and clarify the purpose and certain other aspects of, but avoid comprehensive 10 codification of, the privileges, immunities, and powers held, enjoyed, and exercised by the House of Represen- tatives, its committees, and its members; and provide for Article 9 of the Bill of Rights 1688 to be taken to have, for the avoidance of doubt, a specified 15 effect (in addition to any other operation, and subject to applicable overriding enactments); and define for the avoidance of doubt “proceedings in Par- liament” for the purposes of Article 9 of the Bill of Rights 1688, in particular to alter the law in the decision 20 in Attorney-General v Leigh [2011] NZSC 106, [2012] 2 NZLR 713 (SC); and abolish the “effective repetition” in the decision in Buchanan v Jennings [2004] UKPC 36, [2005] 2 All ER 273 (PC), and ensure effective repetition statements 25 are protected by absolute privilege; and replace with modern legislation the law about parlia- mentary privilege formerly contained in the Legislature Act 1908, the Legislature Amendment Act 1992, and certain provisions of the Defamation Act 1992.
30 (b) (c) (d) (e) (f) The main purposes of this Act 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 mem- bers; and 35 3 (1) (1) 4 Parliamentary Privilege Bill Part 1 cl 3A (b) ensure adequate protection from civil and criminal legal liability for communication of, and of documents relat- ing to, proceedings in Parliament.
(2) The subsidiary purposes of this Act, to help it to achieve its main purposes, are to— (a) 5 (b) (c) (d) (e) reaffirm generally in a single Act and clarify the purpose and certain other aspects of, but avoid comprehensive codification of, parliamentary privilege; and provide for Article 9 of the Bill of Rights 1688 to be taken to have, for the avoidance of doubt, a specified 10 effect (in addition to any other operation, and subject to specified overriding offence provisions); and define, for the avoidance of doubt, “proceedings in Par- liament” for the purposes of Article 9 of the Bill of Rights 1688, and in particular to alter the law in the de- 15 cision in Attorney-General v Leigh [2011] NZSC 106, [2012] 2 NZLR 713 (SC); and abolish and prohibit evidence being offered or received, questions being asked, or statements, submissions, or comments made, concerning proceedings in Parlia- 20 ment, 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 (PC); and replace with modern legislation the law formerly con- 25 tained in the Legislature Act 1908, the Legislature Amendment Act 1992, and certain provisions of the Defamation Act 1992.
3A Interpretation of this Act (1) This Act must be interpreted in a way that— (a) (b) promotes its main and subsidiary purposes; and promotes the principle of comity that requires the separ- ate and independent legislative and judicial branches of government each to recognise, with the mutual respect and restraint that is essential to their important consti- 35 tutional relationship, the other’s proper sphere of influ- ence and privileges; and 30 5 Part 1 cl 4 Parliamentary Privilege Bill (c) immunities, and powers of the ensures privileges, House of Representatives, its committees, and its mem- bers are exercisable for the purpose stated in section 6.
Subsection (1) does not affect the application of the Inter- pretation Act 1999 to this Act.
5 Interpretation In this Act, unless the context otherwise requires,— authorised parliamentary paper means any parliamentary paper published by order or under the authority of the House broadcast means a transmission (even if, but not limited to, 10 a transmission solely as a distributor, a reproducer of content, or a supplier of transmission services)— (a) (b) using a means of telecommunication; and for reception or access (whether free of charge or by payment, and whether on-demand or at a scheduled time 15 or times) by, or by a class of, the public, and using any device or equipment (including, without limitation, a radio, television, or device connected to the Internet or any other electronic medium); and not made solely for performance or display in a public 20 place (c) committee means a committee, or subcommittee of a commit- tee, of the House communication, of a document or proceedings, includes— (a) communication to or for any people, in any form, on any 25 basis, and using any medium or media, of the document or proceedings; and live or delayed original communication, and delayed recommunication, of the document or proceedings; and live or delayed communication to the public of the 30 document or proceedings (b) (c) Examples • • • Delivery of a printed copy of the document Email of an electronic copy of the document Internet posting for viewing or downloading of an elec- 35 tronic copy of the document (2) 4 (1) 6 Parliamentary Privilege Bill Part 1 cl 4 Examples—continued • • • • Radio broadcast of, or of an audio file or recording of, the proceedings Television broadcast (free of charge or by payment) of, or of a video file or recording of, the proceedings Internet webcast or podcast (on-demand or scheduled) of, 5 or of an audio or video file or recording of, the proceedings Transmission solely as a distributor, a reproducer of con- tent, or a supplier of transmission services, of the docu- ment or of, or of an audio or video file or recording of, the proceedings.
10 communication to the public, of a document or proceedings, means communication of the document or proceedings to or for, or to or for a class of, the public copy, in relation to a document (including, without limitation, any journals, paper, or report), includes a copy of a copy and a 15 copy that is not an exact copy of the document but is identical to the document in all relevant respects court means— (a) the Supreme Court, the Court of Appeal, the High Court, or a District Court; or any of the following specialist courts: the Court Martial of New Zealand established by section 8 of the Court Martial Act 2007, the Court Martial Appeal Court con- stituted by the Court Martial Appeals Act 1953, the Em- ployment Court, the Environment Court, the Māori Ap- 25 pellate Court, and the Māori Land Court (b) 20 document means any of the following: (a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, 30 images, or sounds can be derived, including (without limitation) material that is 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: a book, map, plan, graph, or drawing: a photograph, film, or negative: (ii) (iii) 35 7 Part 1 cl 4 Parliamentary Privilege Bill (b) (c) information electronically recorded or stored (includ- ing, without limitation, an audio or video file or record- ing), or information derived
 from that information: a copy of, or part of, a document as defined in para- graph (a) or (b) 5 exercisable, for privileges, immunities, or powers and for a House, its committees, or its members, means that the privil- eges, immunities, or powers are held, enjoyed, and exercised by the House, its committees, or its members House means the House of Representatives continued by sec- 10 tion 10 of the Constitution Act 1986 member means a member of the House 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 officer,— (a) 15 the Clerk, or a the Deputy Clerk, of the House; or 20 a Clerk-Assistant of the House; or the Serjeant-at-Arms; and in subpart 7 of this Part subpart 4 of Part 1C (Mmembers’ and certain officers’ participation in court or tribunal proceedings), means only an officer of the House who is any of the following: (i) (ii) (iii) in the rest of this Act, means any officer of the House (including, without limitation, an officer referred to in paragraph (a)(i), (ii), or (iii), or a person authorised by 25 the Clerk of the House to perform or exercise any of the Clerk’s functions or powers under the House’s Stand- ing Orders or to be a clerk of a committee, and a person employed by or on behalf of the House to make a tran- script of proceedings of the House or of a committee) 30 (b) parliamentary paper means any document that is a report, paper, votes, or proceedings proceedings in Parliament has the meaning given to it by section 8(2)8B report includes— (a) (b) a record or transcript; and part of a report 35 8 Parliamentary Privilege Bill Part 1 cl 5 Speaker means— (a) (b) every person who is the Speaker of the House (as cho- sen and confirmed, and continuing in office, under sec- tions 12 and 13 of the Constitution Act 1986), or a Deputy Speaker of the House, or a person for the time 5 being acting in either of those capacities; or in relation to the period commencing
 immediately after the close of any polling day at a general election and ending with the first meeting of the House after the gen- eral election, every person who (even if in an acting cap- 10 acity only) held on that polling day the office of Speaker of the House or Deputy Speaker of the House statement means a statement in any form (including, without limitation, an oral statement or a written statement) summons, of a court or tribunal, includes a writ, subpoena, or 15 other process— (a) that is a process
 of, or issued by or on behalf of, the court or tribunal; and that requires attendance at the court or tribunal (b) tribunal means any person or body (other than the House, 20 a committee, or a court, but including, without limitation, an inquiry to which section 6 of the Inquiries Act 2013 ap- plies) acting judicially or with power to summons witnesses and take evidence on oath or affirmation under the House’s or a committee’s authority includes, 25 without limitation, by, or by order of, the House or the com- mittee.
The examples provided in subsection (1), or in section 8F, of the operation of that provision— (a) (b) may extend the operation of that provision.

do not limit that provision; and 30 (2) 5 Act binds the Crown This Act binds the Crown.
9 Part 1 cl 6 Parliamentary Privilege Bill Subpart 2—Privileges generally of House, committees, and members Purpose of parliamentary privilege The privileges, immunities, and powers held, enjoyed, and ex- ercised in accordance with the rest of this Act by the House 5 of Representatives, its committees, and its members are held, enjoyed, and exercised for the purpose of enabling them to carry out their functions.
That purpose must be taken into account in determining the extent and scope of a privilege, immunity, or power held, en- 10 joyed, and exercised in accordance with the rest of this Act, and in determining whether in a particular case an occasion of privilege exists.

This section does not limit the rest of this Act (including, with- out limitation, the House’s exclusive right to control its own 15 proceedings, or the House’s right to legislate on any matter or to consider delegated legislation).
Privileges held and part of laws of New Zealand, journals as evidence Privileges, etc, held The House, committees, and members hold, enjoy, and exer- cise every privilege, immunity, and power that complies with both of the following: (a) 20 it was on 1 January 1865 (by parliamentary custom or practice and rules, statute, or common law) held, en- 25 joyed, and exercised by the Commons House of Par- liament of Great Britain and Ireland, its committees, or its members; and it is not inconsistent with, or repugnant to, the New Zealand Constitution Act 1852 of the Parliament of the 30 United Kingdom as in force on (the date of the coming into operation of the Parliamentary Privileges Act 1865, namely) 26 September 1865.
(b) Privileges, etc, part of laws of New Zealand Those privileges, immunities, and powers are part of the laws 35 of New Zealand.

6 (1) (2) (3) 7 (1) (2) 10 Parliamentary Privilege Bill Part 1 cl 8 Judicial notice of privileges, etc (3) All courts and all persons acting judicially must take judicial notice of those privileges, immunities, and powers.
Use, on privileges, etc, inquiry, of House of Commons Journal (4) On any inquiry touching those privileges, immunities, and 5 powers, a copy of the Journals of the Commons House of Par- liament that purports to be printed or published by order of the Commons House of Parliament must be admitted as evidence of those journals by all courts, persons acting judicially, and other persons, without any proof being given that the copy was 10 so printed or published.
Compare: 1865 No 13 ss 4, 5; 1908 No 101 s 242 Subpart 3—Provisions related to Article 9 of Bill of Rights 1688 or to proceedings in Parliament Aspects of effect and meaning of Article 9 15 8 Parliamentary privilege in court or tribunal proceedings Article 9 to be taken to have specified effect (1) Article 9 of the Bill of Rights 1688 must be taken to have the effect required by the rest of this section (in addition to 20 any other operation of, and subject to applicable enactments overriding, Article 9 of the Bill of Rights 1688).
(2) Definition of proceedings in Parliament For the purposes of Article 9 of the Bill of Rights 1688, and for the purposes of this Act, proceedings in Parliament means all 25 words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of the House or of a committee, and therefore includes (without limiting that general definition) the following: (a) the giving of evidence (and the evidence so given) be- 30 fore the House or a committee: the presentation or submission of a document to the House or a committee: the preparation of a document for purposes of or inci- dental to the transacting of any business of the House or 35 of a committee: (b) (c) 11 Part 1 cl 8 Parliamentary Privilege Bill (d) the formulation, making, or publication of a document, including a report, by or pursuant to an order of the House or a committee (and the document so formulated, made, or published).
(3) (4) Scope of prohibited external impeaching or questioning In proceedings in a court or tribunal, it is not lawful for evi- dence to be offered or received, questions asked or statements, submissions, or comments made, concerning proceedings in Parliament, by way of, or for the purpose of, all or any of the following: (a) questioning or relying on the truth, motive, intention or good faith of anything forming part of those proceed- ings in Parliament: otherwise questioning or establishing the credibility, motive, intention or good faith of any person: drawing, or inviting the drawing of, inferences or con- clusions wholly or partly from anything forming part of those proceedings in Parliament.
(b) (c) 5 10 15 In proceedings in a court or tribunal, it is not lawful for evi- dence (including, without limitation, Hansard) to be offered or 20 received, questions asked or statements, submissions, or com- ments made, concerning proceedings in Parliament, by way of, or for the purpose of, ascertaining any content, effect, or meaning of a statement (in section 10 called an effective rep- etition statement)— (a) made outside proceedings in Parliament by any person; 25 (b) (c) and to the effect (regardless of its form or terms) that the person affirms, adopts, endorses, or refers to the con- tent, effect, or meaning of a statement or an action that a 30 participant in proceedings in Parliament (who may, but need not, be the person) made or took in those proceed- ings; but that, if considered alone, does not in and of itself repeat that content, effect, or meaning.
35 (5) A court or tribunal must not (unless the House or a committee has published, or authorised the publication of, that document or a report of that oral evidence)— 12 (a) (b) Parliamentary Privilege Bill Part 1 cl 8 require to be produced, or admit into evidence, or admit evidence relating to, a document that has been prepared for the purpose of submission, and submitted, to the House or a committee, and that— (i) was received as private evidence by, and so is 5 confidential to, the House or the committee; or (ii) was received as secret evidence by the House or the committee, and so generally cannot be dis- closed; or 15 admit evidence concerning, or require to be produced or 10 admit into evidence a document recording or reporting, any oral evidence taken by the House or a committee, and that— (i) was heard as private evidence by, and so is con- fidential to, the House or the committee; or (ii) was heard as secret evidence by the House or the committee, and so generally cannot be disclosed.
In relation to proceedings in a court or tribunal so far as they relate only to ascertaining the meaning of, or the meaning that can be given to, an enactment, neither this section nor the Bill 20 of Rights 1688 prevents or restricts a court or tribunal allowing only for that purpose— (a) the admission in evidence (or judicial notice being taken) of a report of proceedings in Parliament pub- lished by or with the authority of the House or a com- 25 mittee; or the making of statements, submissions, or comments based on that report.
(b) Section is for avoidance of doubt, and existing proceedings Subsections (1) to (6) declare and enact, for the avoidance 30 of doubt, the effect that Article 9 of the Bill of Rights 1688 had, on its true construction, before this Act’s commencement, but (in accordance with section 31) do not apply to proceedings in a court or a tribunal and that commenced before this Act’s commencement.
Compare: s 16(1)–(5), (7) (Aust); Defamation Act 1996 s 13(4), (5) (UK) 1908 No 101 s 253(4); Parliamentary Privileges Act 1987 35 13 (6) (7) Part 1 cl 9 Parliamentary Privilege Bill Absolute privilege Proceedings in Parliament Proceedings in Parliament are protected by absolute privilege.

Compare: 1992 No 105 s 13(1) Effective repetition statements Effective repetition statements (as defined by section 8(4)) are protected by absolute privilege.
5 Live broadcasts of proceedings in Parliament A live broadcast, by any broadcaster, of proceedings in Parlia- ment is protected by absolute privilege.

Compare: 1992 No 105 s 13(2) 10 Ordered or authorised delayed broadcasts or rebroadcasts of proceedings in Parliament A delayed broadcast or a rebroadcast, by any broadcaster, of proceedings in Parliament, if made by order or under the au- 15 thority of the House, is protected by absolute privilege.
Compare: 1992 No 105 s 13(2) Publication of certain parliamentary documents or reports The following publications are protected by absolute privil- ege: (a) 20 the publication, by or under the authority of the House, of any document: the publication, to the House, of any document, either by presenting the document to, or laying the document before, the House: the publication, by or under the authority of the House, or under the authority of any enactment, of an offi- cial or authorised report (including, without limitation, Hansard) of proceedings in Parliament: the publication of a correct copy of any document or 30 report specified in paragraph (a) or (c).
25 (b) (c) (d) Compare: 1992 No 105 s 13(3) Parliamentary Privilege Bill Part 1 cl 15 Official report of proceedings in Parliament Hansard 14 (1) An official report (to be known as Hansard) must be made of all the portions of proceedings in Parliament (if any) that are portions of that kind for the time being determined for the 5 purposes of this subsection by the House or by the Speaker.
The report must be made in the form (if any), and subject to the rules (if any), as may be from time to time approved for the purposes of this subsection by the House or by the Speaker.
Compare: 1908 No 101 s 253A; 1991 No 146 s 11 (2) 10 15 (1) (2) (3) Stays of court or tribunal proceedings in respect of specified publications Parliamentary paper published by order or under authority of House This section applies if civil or criminal proceedings in a court 15 or tribunal are commenced against a person in respect of the publication, by the person or the person’s employee, by order or under the authority of the House, of a parliamentary paper.
The person may produce to the court or tribunal a certificate signed by the Speaker stating that the parliamentary paper in 20 respect of which the proceedings are commenced was pub- lished, by the person or the person’s employee, by order or under the authority of the House.
But the certificate cannot be produced in accordance with this section unless counsel for, or the party who is, the plaintiff or 25 prosecutor in the proceedings, is given at least 24 hours’ notice of the person’s intention to produce the certificate.

(4) On the production in accordance with this section of the cer- tificate, the court or tribunal must immediately stay the pro- ceedings.

The stayed proceedings are required by this section to be taken to be finally determined.
Compare: 1954 No 46 s 18; 1992 No 106 ss 2, 4; Parliamentary Papers Act 1840 s 1 (UK) (5) 30 15 Part 1 cl 16 Parliamentary Privilege Bill 16 (1) (2) (4) Publication of copy of authorised parliamentary paper This section applies if civil or criminal proceedings in a court or tribunal are commenced against a person in respect of the publication of a copy of an authorised parliamentary paper.
The person may, at any stage of the proceedings, produce to 5 the court or tribunal the following documents: (a) (b) the authorised parliamentary paper and the copy of it: an affidavit verifying the authorised parliamentary paper and the correctness of the copy of it.

the the subsection (2), the court or tribunal must immediately stay the proceedings.

The stayed proceedings are required by this section to be taken to be finally determined.
Compare: 1954 No 46 s 19; 1992 No 106 ss 2, 5; Parliamentary Papers Act 15 1840 s 2 (UK) documents production required by 10 of (3) On Qualified privilege 17 (1) Qualified privilege under this Act Effect and operation of qualified privilege under this Act is an immunity from any civil or criminal liability for the relevant broadcast, re- 20 broadcast, or publication.
The immunity is a defence to liability, but the defence is avail- able to the defendant only if— (a) the defence is pleaded, or otherwise raised as a defence, by or on behalf of the defendant; and (b) the defence is not made unavailable by subsection (3).
The defence is unavailable if, in proceedings against the defen- dant that relate to the relevant broadcast, rebroadcast, or publi- cation, the plaintiff or prosecutor proves that, in publishing the matter that is the subject of the proceedings, the defendant— 30 was predominantly motivated by ill will towards the (a) person who is the subject of that matter; or otherwise took improper advantage of the occasion of publication.
(b) 25 (2) (3) 16 (4) 18 19 (1) Parliamentary Privilege Bill Part 1 cl 20 The defence does not fail because the defendant was moti- vated by malice, unless the defence is made unavailable by subsection (3).
Compare: 1992 No 105 ss 16(1), (3), 17, 19, Schedule 1 Part 1 cl 1 Other delayed broadcasts or rebroadcasts of proceedings in Parliament A delayed broadcast or a rebroadcast, by any broadcaster, of proceedings in Parliament, if not made by order or under the authority of the House, is protected by qualified privilege.
Compare: 1992 No 105 ss 16(1), (3), 17, 19, Schedule 1 Part 1 cl 1 Publication of certain parliamentary documents or reports The following publications are protected by qualified privil- ege: (a) the publication of a fair and accurate report of proceed- ings in Parliament: the publication of a fair and accurate extract from, or summary of, a document or report specified in section 13(a) or (c).
(b) 5 10 15 (2) A document or report is (for the purposes of subsection (1)(b)) specified in section 13(a) or (c) if the document or 20 report is— (a) a document published by or under the authority of the House; or an official or authorised report (including, without limitation, Hansard) of proceedings in Parliament, 25 published by or under the authority of the House or under the authority of any enactment.
Compare: 1992 No 105 ss 16(1), 17, 19, Schedule 1 Part 1 cls 2, 3 (b) Relationship with other laws 20 Other laws about absolute privilege or qualified privilege unaffected This Act does not limit or affect any other laws relating to absolute privilege or qualified privilege.
Compare: 1992 No 105 ss 15, 16(3) 30 17 Part 1 cl 21 Parliamentary Privilege Bill Subpart 4— House’s power to fine for contempt 21 (1) House may impose fine on person determined by House to have committed contempt of House Power to fine for contempt of House The House may impose on a person, for a contempt of the House determined by the House to have been committed by that person, a fine not exceeding $1,000.
5 Enforcement (2) A fine imposed on a person under subsection (1) is payable 10 and enforceable under Part 3 (and all other relevant provi- sions) of the Summary Proceedings Act 1957 as if it were a fin e (as defined in section 79(1) of that Act) that is, or is a part of, an amount of money that the person is obliged to pay under an order imposed by a court for a contempt of court.
15 (3) (4) Power to fine is exclusive, but other penalty powers unaffected This section replaces all other powers, if any, of the House, under any other laws, to impose a fine on a person for a con- tempt of the House determined by the House to have been committed by that person, but does not limit or affect the 20 House’s powers to penalise the person for the contempt other- wise than by imposing a fine on the person (whether the other penalty is instead of, or as well as, the imposition of a fine).
Power to fine is for avoidance of doubt Subsection (1) (except for the $1,000 maximum) declares 25 and enacts, for the avoidance of doubt, part of the effect that section 242 of the Legislature Act 1908 had, on its true con- struction, before this Act’s commencement.
Compare: Parliamentary Privileges Act 1987 s 7(5)–(8) (Aust) Subpart 5—House has no power to expel from membership of House 30 22 Members’ seats become vacant only as provided in Electoral Act 1993 The House has no power to make a member’s seat become va- cant by expelling the member (whether to discipline or punish 35 the member, to protect the House by removing an unfit mem- (1) 18 (2) 23 Parliamentary Privilege Bill Part 1 cl 26 ber, or for any reason or purpose) from membership of the House.
Subsection (1) overrides any law to the contrary.

Compare: Parliamentary Privileges Act 1987 s 8 (Aust) Subpart 6—Parliamentary witnesses House or committee may administer oath or affirmation The House or a committee respectively may, for the purpose of taking evidence on oath or affirmation from a witness exam- ined before the House or that committee, administer an oath or affirmation to the witness.
Compare: 1908 No 101 s 252 5 10 24 Privileges and immunities of witness giving evidence on oath or affirmation (1) A witness examined before the House or a committee and giv- ing evidence on oath or affirmation has, in respect of that evi- 15 dence, the same privileges and immunities as has a witness giving evidence on oath or affirmation in a court.

This section is subject to any contrary enactment.
Compare: 1875 No 20 s 2; 1908 No 101 s 253(5) (2) Subpart 7—Members’ and certain officers’ participation in court or tribunal proceedings 25 Member or officer may apply to Speaker for certificate 20 exempting from attendance A member (other than the Speaker) or officer may apply to the Speaker to be exempted from attendance if the member or 25 officer is required by a court’s or tribunal’s summons to attend personally at the court or tribunal— (a) (b) Compare: 1908 No 101 ss 257, 261 as a party or witness in a civil proceeding; or as a witness in a criminal proceeding.
30 26 (1) Speaker determines application for exemption certificate The Speaker must, on an application under section 25, grant the member or officer an exemption certificate unless satisfied, 19 Part 1 cl 27 Parliamentary Privilege Bill (2) 27 after any inquiry the Speaker thinks fit to make, that non-com- pliance with the summons would— delay injuriously, or defeat, the interests of justice; or (a) cause irreparable injury to a party to the proceeding.
(b) The certificate must be signed by the Speaker, attach a copy of 5 the summons, and identify the attendance concerned.
Compare: 1908 No 101 s 263 Extent of exemption under certificate granted An exemption certificate granted to a member or an officer under section 26 exempts the member or officer from attend- 10 ance (whether in compliance with the summons, or otherwise) until the earlier of the following times: (a) the end of the session during which the certificate was granted: the end of the calendar year after the calendar year dur- 15 ing which the certificate was granted.
(b) Compare: 1908 No 101 s 264 28 Order or certificate exempting Speaker from attendance 20 (b) When and how House to consider making exempting order This subsection applies if the Speaker— (a) as a party or witness in a civil proceeding; or as a witness in a criminal proceeding; and is required by a court’s or tribunal’s summons to attend personally at the court or tribunal— (i) (ii) either has already acted under subsection (5) but can 25 now submit the matter to the House without delay be- cause the House has since ceased to be adjourned, or cannot act under subsection (5) because— the House is not adjourned; or (i) the House is adjourned but the Speaker is not 30 (ii) satisfied that it is necessary to act without delay.
The Speaker must if subsection (1) applies submit the matter to the House at the first convenient opportunity.
The House may, on a matter submitted under subsection (2), make any order the House thinks fit, but an order of the House 35 that the Speaker be exempted from attendance exempts the (1) (2) (3) 20 Parliamentary Privilege Bill Part 1 cl 28 Speaker from attendance (whether in compliance with the summons, or otherwise) until the earlier of the following times: (a) (b) the end of the session during which the order was made: the end of the calendar year after the calendar year dur- 5 ing which the order was made.
Speaker to grant temporary exempting certificate if House adjourned, etc This subsection applies if the Speaker— (a) (4) (b) (c) (d) is required by a court’s or tribunal’s summons to attend 10 personally at the court or tribunal— as a party or witness in a civil proceeding; or (i) (ii) as a witness in a criminal proceeding; and cannot submit the matter to the House without delay because the House is adjourned; and is satisfied that it is necessary to act without delay; and is not satisfied, after any inquiry the Speaker thinks fit to make, that non-compliance with the summons would— delay injuriously, or defeat, the interests of just- (i) ice; or cause irreparable injury to a party to the proceed- ing.
(ii) 20 15 (5) (6) The Speaker must if subsection (4) applies grant to the Speaker an exemption certificate.

The certificate must be signed by the Speaker, attach a copy of 25 the summons, and identify the attendance concerned.
(7) An exemption certificate granted under subsection (5) ex- empts the Speaker from attendance (whether in compliance with the summons, or otherwise) until both of the following have occurred: (a) the matter is submitted at the first convenient opportun- ity to the House, under subsection (2); and the House has made an order on the matter, under subsection (3).
Compare: 1908 No 101 s 260 (b) 30 35 21 Part 1 cl 29 Parliamentary Privilege Bill (b) Effect of certificate or order If a certificate granted, or order made, under section 26 or 28, is presented to the court or tribunal,— (a) the member, officer, or Speaker is exempted from attendance as provided in (as the case requires) 5 section 27, 28(3), or 28(7); and no proceedings (civil or criminal) may be commenced or continued against the member, officer, or Speaker in respect of his or her non-compliance with the summons, or other non-attendance during his or her exemption; 10 and the court or tribunal may adjourn the proceeding on any terms it thinks convenient and just in light of that ex- emption.
Compare: 1908 No 101 s 264 (c) 15 Subpart 8—Judicial notice of Speaker’s certificates Judicial notice must be taken of Speaker’s signature All courts and all persons acting judicially must take judicial notice of the Speaker’s signature on a certificate granted under 20 section 15, 26, or 28.
Compare: 1908 No 101 s 268 Part 1A Parliamentary privilege: fundamental provisions Subpart 1—Privileges generally of House, committees, and members 25 Purpose of parliamentary privilege The privileges, immunities, and powers exercisable in accord- ance with the rest of this Act by the House, committees, and 30 members, are exercisable to— (a) uphold the integrity of the House as a democratic legis- lative assembly; and secure the independence of the House, committees, and members, in the performance of their functions.
(b) 35 29 30 6 22 7 (1) Parliamentary Privilege Bill Part 1A cl 7 Privileges exercisable and part of laws of New Zealand, journals as evidence Privileges, etc, exercisable The privileges, immunities, and powers exercisable by the House, committees, and members are every privilege, immun- 5 ity, or power that complies with both of the following: (a) it was on 1 January 1865 (by parliamentary custom or practice and rules, statute, or common law) exercisable by the Commons House of Parliament of Great Britain and Ireland, its committees, or its members; and it is not inconsistent with, or repugnant to, the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom as in force on (the date of the coming into operation of the Parliamentary Privileges Act 1865, namely) 26 September 1865.
10 15 (b) (2) Privileges, etc, part of laws of New Zealand Those privileges, immunities, and powers are part of the laws of New Zealand.

Judicial notice of privileges, etc (3) All courts and all persons acting judicially must take judicial 20 notice of those privileges, immunities, and powers.
Use, on privileges, etc, inquiry, of House of Commons Journal (4) On any inquiry touching those privileges, immunities, and powers, a copy of the Journals of the Commons House of Par- liament that purports to be printed or published by order of the 25 Commons House of Parliament must be admitted as evidence of those journals by all courts, persons acting judicially, and other persons, without any proof being given that the copy was so printed or published.
Compare: 1865 No 13 ss 4, 5; 1908 No 101 s 242 30 23 Part 1A cl 8A Parliamentary Privilege Bill Subpart 2—Effect of Article 9 of Bill of Rights 1688, and proceedings in Parliament defined Reaffirmation, and clarification of aspects, of Article 9 5 8A Article 9 to be taken to have specified effect Article 9 of the Bill of Rights 1688 must be taken to have, in addition to any other operation, the effect required by this subpart, unless a different effect is required for prosecution of an offence related to proceedings in Parliament and against 10 any of the following provisions of the Crimes Act 1961: (a) section 102 (corruption and bribery of Minister of the Crown): section 103 (corruption and bribery of member of Par- liament): section 109 (perjury).
(c) Compare: 1908 No 101 ss 252, 253(4); Parliamentary Privileges Act 1987 s 16(1) and (6) (Aust) (b) Definition Proceedings in Parliament defined Proceedings in Parliament, for the purposes of Article 9 of the Bill of Rights 1688, and for the purposes of this Act, means all words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of the House or of a committee.
The definition in subsection (1) must be taken to include the following: (a) (b) (c) (d) the giving of evidence (and the evidence so given) be- fore the House or a committee: the presentation or submission of a document to the 30 House or a committee: the preparation of a document for purposes of or inci- dental to the transacting of any business of the House or of a committee: the formulation, making, or communication of a docu- 35 ment, under the House’s or a committee’s authority (and the document so formulated, made, or communicated): 15 20 25 8B (1) (2) 24 Parliamentary Privilege Bill Part 1A cl 8C (e) any proceedings deemed by an enactment to be (or a thing said or produced, or information supplied, in an inquiry or proceedings, if an enactment provides the thing or information is privileged in the same way as if the inquiry or proceedings were) for those purposes 5 proceedings in Parliament.
In determining under subsection (1) whether words are spoken or acts are done for purposes of or incidental to the transacting of the business of the House or of a committee, words spoken or acts done for purposes of or incidental to the 10 transacting of reasonably apprehended business of the House or of a committee must be taken to fall within subsection (1).
In determining under subsection (1) whether words are spoken or acts are done for purposes of or incidental to the transacting of the business of the House or of a committee, 15 no necessity test is required or permitted to be used.

(3) (4) (5) Necessity test includes, but is not limited to, a test based on or involving whether the words or acts are or may be (absolutely, or to any lesser degree or standard) necessary for transaction of the business.

Subsections (2) and (3) do not limit subsection (1).
This section applies despite any contrary law (including, with- out limitation, every enactment or other law in the decision in Attorney-General v Leigh [2011] NZSC 106, [2012] 2 NZLR 713 (SC)).
Compare: Parliamentary Privileges Act 1987 s 16(2) (Aust) (6) (7) Scope of prohibited impeaching or questioning, in court or tribunal proceedings, of proceedings in Parliament 8C Facts, liability, and judgments or orders In proceedings in a court or tribunal, evidence must not be of- fered or received, and questions must not be asked or state- ments, submissions, or comments made, concerning proceed- ings in Parliament, by way of, or for the purpose of, all or any of the following: 20 25 30 35 25 Part 1A cl 8D Parliamentary Privilege Bill (c) (a) (b) questioning or relying on the truth, motive, intention, or good faith of anything forming part of those proceed- ings in Parliament: otherwise questioning or establishing the credibility, motive, intention, or good faith of any person: drawing, or inviting the drawing of, inferences or con- clusions wholly or partly from anything forming part of those proceedings in Parliament: proving or disproving, or tending to prove or disprove, any fact necessary for, or incidental to, establishing any 10 liability: resolving any matter, or supporting or resisting any judgment, order, remedy, or relief, arising or sought in the court or tribunal proceedings.
Compare: Parliamentary Privileges Act 1987 s 16(3) (Aust) (d) (e) 5 15 (1) 8D Production or use of documents or oral evidence House or committee received in private, or as secret evidence This subsection applies to a document that has been prepared for the purpose of submission, and submitted, to the House or a committee, and that— (a) was received (as advice, evidence, or otherwise) in pri- vate by, and so is confidential to, the House or the com- mittee; or 20 (b) was received as secret evidence by the House or the committee, and so generally cannot be disclosed.
25 (2) A court or tribunal must not require to be produced, or admit into evidence, or admit evidence relating to, a document to which subsection (1) applies, unless the House or the com- mittee has communicated to the public, or authorised the com- munication to the public of, that document.
This subsection applies to oral evidence taken by the House or a committee, and that— (a) was received (as advice, evidence, or otherwise) in pri- vate by, and so is confidential to, the House or the com- mittee; or (3) (b) was heard as secret evidence by the House or the com- mittee, and so generally cannot be disclosed.
26 30 35 Parliamentary Privilege Bill Part 1A cl 8F (4) A court or tribunal must not admit evidence concerning, or require to be produced or admit into evidence a document recording or reporting, oral evidence to which subsection (3) applies, unless the House or the committee has communicated to the public, or authorised the communication to the public 5 of, that oral evidence.
Compare: Parliamentary Privileges Act 1987 s 16(4) (Aust) 8E Use of certain documents in interpretation of legislation (1) This section applies to proceedings in a court or tribunal so far as those proceedings are for the purpose of ascertaining the 10 meaning of, or the meaning that can be given to, an enactment.
(2) Neither this subpart nor the Bill of Rights 1688 prevents or restricts the court or tribunal only for that purpose— (a) admitting in evidence (or taking judicial notice of) a document relating to proceedings in Parliament com- 15 municated under the House’s or a committee’s author- ity; or allowing the making of statements, submissions, or comments based on that document.
Compare: Parliamentary Privileges Act 1987 s 16(5)(b) (Aust) (b) 20 8F Operation of Parts 1B and 1C Neither this subpart nor the Bill of Rights 1688 prevents or restricts proceedings in Parliament being used for the purposes of Parts 1B and 1C.
Examples A court’s or tribunal’s presiding judicial officer under section 15(4) determining whether a Speaker’s certificate granted under section 15 (and to which section 30 applies) covers communications related to claims or charges in civil or criminal proceedings in the court or tribunal.
A court or tribunal under section 29, if the certificate or order is presented to it, giving effect to a Speaker’s certificate granted under section 26 or 28 (and to which section 30 applies) or an order of the House made under section 28.
25 30 27 Part 1A cl 8G Parliamentary Privilege Bill 8G Use of proceedings to establish, without impeaching or (1) (2) questioning, historical events or other facts In relation to proceedings in a court or tribunal, neither this subpart nor the Bill of Rights 1688 prevents or restricts evi- dence being offered or received, questions being asked, or 5 statements, submissions, or comments made, concerning pro- ceedings in Parliament, by way of, or for the purpose of, estab- lishing with no impeaching or questioning of the proceedings in Parliament a relevant historical event or other fact.
This section is explanatory only, and does not limit or affect the 10 prohibition in Article 9 of the Bill of Rights 1688 (operating as this subpart requires, or independently) on impeaching or questioning proceedings in Parliament.
Subpart is declaratory, and prospective only 8H Subpart is for avoidance of doubt, and does not apply to 15 (1) existing court or tribunal proceedings This subpart declares and enacts, for the avoidance of doubt, the effect that Article 9 of the Bill of Rights 1688 had, on its true construction, before this Act’s commencement.
(2) However (in accordance with section 31) this subpart does 20 not apply to proceedings— (a) (b) Compare: Parliamentary Privileges Act 1987 s 16(7) (Aust) in a court or a tribunal; and that commenced before this Act’s commencement.
Part 1B Communicating proceedings in Parliament Subpart 1—Stays of court or tribunal proceedings in respect of specified communications Communications of proceedings in Parliament, related documents, or specified copies This section applies if civil or criminal proceedings in a court or tribunal are commenced against a person in respect of either or both of the following: 25 30 35 15 (1) 28 10 15 (a) (b) Parliamentary Privilege Bill Part 1B cl 15 the communication, by the person or the person’s agent or employee, and under the House’s or a committee’s authority, of either or both of the following: (i) (ii) proceedings in Parliament: a document relating to proceedings in Parlia- 5 ment: the communication, by the person or the person’s agent or employee, of a copy of a document (an authorised parliamentary communication)— (i) (ii) relating to proceedings in Parliament; and communicated under the House’s or a commit- tee’s authority.
The Speaker may, on an application for the purpose made to the Speaker by or on behalf of the person, grant the person a certificate— (a) stating that the person, or the person’s agent or em- ployee did (as the case may be) all or any of the follow- ing: (i) communicated, under the House’s or a commit- tee’s authority, the proceedings in Parliament, the 20 document relating to proceedings in Parliament, or both: communicated the authorised parliamentary communication; and (ii) (b) appending copies of each document relating to proceed- 25 ings in Parliament or authorised parliamentary commu- nication communicated, and stating that true copies of them were communicated; and signed by the Speaker.
(c) The person may, by doing both of the following, apply for 30 a stay of the proceedings in the court or tribunal: (a) filing in, or lodging with, the court or tribunal (without fee) a notice of application for the purpose appending the certificate (and that may, but need not, include or append a draft order staying the proceedings); and serving (or taking all reasonable steps to serve) copies on, or on counsel for, all other parties to the proceedings (including, without limitation, the plaintiff or prosecu- tor in the proceedings).
(b) 35 29 (2) (3) Part 1B cl 17 Parliamentary Privilege Bill (4) (5) (6) (7) The court’s or tribunal’s registrar must, if satisfied (on any evi- dence the registrar requires) the person has applied for a stay of the proceedings in accordance with subsection (3), refer the file to the court’s or tribunal’s presiding judicial officer, who must immediately stay the proceedings (except claims or 5 charges unrelated to communications the certificate covers).
The order staying the proceedings must (without fee) be sealed, dated, and served, and entered in the court’s or tri- bunal’s formal or permanent record, in accordance with its practice and procedure.

The stayed proceedings are required by this section to be taken to be finally determined.

This section does not prevent or restrict the plaintiff’s or pros- ecutor’s discontinuing or withdrawing the proceedings.
Compare: 1954 No 46 ss 18, 19; 1992 No 106 ss 2, 4, 5; Parliamentary Papers 15 Act 1840 ss 1, 2 (UK) 10 Subpart 2—Qualified immunity from civil or criminal liability 17 Effect and operation of qualified immunity under this Act (1) Qualified immunity under this Act is an immunity from 20 any civil or criminal liability for the relevant communication.
The immunity is a defence to liability, but the defence is avail- able to the defendant only if— (a) (2) 25 the defence is pleaded, or otherwise raised as a defence, by or on behalf of the defendant; and (b) the defence is not made unavailable by subsection (3).
The defence is unavailable if, in proceedings against the de- fendant that relate to the relevant communication, the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant abused the occa- 30 sion of communication.
The defendant abused the occasion of communication if the plaintiff or prosecutor proves that, in communicating the mat- ter that is the subject of the proceedings, the defendant did either or both of the following: acted in bad faith: (a) acted with a predominant motive of ill will.

(b) 35 (3) (4) 30 (5) 18 19 Parliamentary Privilege Bill Part 1B cl 20 Subsection (4) does not limit subsection (3).
Compare: 1992 No 105 ss 16(1), (3), 17, 19, Schedule 1 Part 1 cl 1 Delayed communication to public, not under House’s authority, of proceedings in Parliament A delayed communication to the public, by any communicator, 5 of proceedings in Parliament, if not made under the House’s or a committee’s authority, is protected by qualified immunity.
Compare: 1992 No 105 ss 16(1), (3), 17, 19, Schedule 1 Part 1 cl 1 Communication of certain parliamentary documents The following communications are protected by qualified im- 10 munity: (a) the communication of a fair and accurate report of pro- ceedings in Parliament: the communication of a fair and accurate extract from, or summary of,— (i) (b) 15 a document communicated under the House’s or a committee’s authority; or a document relating to proceedings in Parlia- ment, and communicated under— (A) (B) the House’s or a committee’s authority; or 20 the authority of any enactment.
(ii) Compare: 1992 No 105 ss 16(1), 17, 19, Schedule 1 Part 1 cls 2, 3 20 (1) (2) Other laws unaffected This Act does not limit or affect any laws relating to absolute privilege or qualified privilege.

Those laws include, without limitation, sections 13 to 19 of the Defamation Act 1992.
Compare: 1992 No 105 ss 15, 16(3) 25 31 Part 1C cl 21 Parliamentary Privilege Bill Part 1C Parliamentary privilege: other provisions Subpart 1—House’s power to fine for contempt 21 (1) House may impose fine on person determined by House to 5 have committed contempt of House Power to fine for contempt of House The House may by resolution impose on a person, for a con- tempt of the House determined by the House to have been committed by that person, a fine not exceeding $1,000.
10 Enforcement (2) A fine imposed on a person under subsection (1) is payable and enforceable under Part 3 (and all other relevant provi- sions) of the Summary Proceedings Act 1957 as if it were a fine (as defined in section 79(1) of that Act) that is, or is a part of, 15 an amount of money that the person is obliged to pay under an order imposed by a court for a contempt of court.
The Clerk of the House must ensure a copy of a resolution under subsection (1) is sent to the Registrar of the District Court at Wellington— (a) (3) 20 for service on the person under the Summary Proceed- ings Act 1957 (as if it contained the same information, except appeals information, as a notice of fine under section 84(2) of that Act); and for enforcement against the person under that Act.
25 (b) Power to fine is exclusive, but other penalty powers unaffected This section replaces all other powers, if any, of the House, under any other laws, to impose a fine on a person for a con- tempt of the House determined by the House to have been committed by that person, but does not limit or affect the 30 House’s powers to penalise the person for the contempt other- wise than by imposing a fine on the person (whether the other penalty is instead of, or as well as, the imposition of a fine).
Power to fine is for avoidance of doubt Subsection (1) (except for the $1,000 maximum) declares 35 and enacts, for the avoidance of doubt, part of the effect that (4) (5) 32 Parliamentary Privilege Bill Part 1C cl 24 section 242 of the Legislature Act 1908 had, on its true con- struction, before this Act’s commencement.
Compare: Parliamentary Privileges Act 1987 s 7(5)–(8) (Aust) Subpart 2—House has no power to expel from membership of House 5 22 Members’ seats become vacant only as provided in (1) (2) 23 Electoral Act 1993 The House has no power to make a member’s seat become va- cant by expelling the member (whether to discipline or punish the member, to protect the House by removing an unfit mem- 10 ber, or for any reason or purpose) from membership of the House.

Subsection (1) overrides any law to the contrary.


Compare: Parliamentary Privileges Act 1987 s 8 (Aust) Subpart 3—Parliamentary witnesses House or committee may administer oath or affirmation The House or a committee respectively may, for the purpose of taking evidence on oath or affirmation from a witness exam- ined before the House or that committee, administer an oath or affirmation to the witness.
Compare: 1908 No 101 s 252 15 20 24 Privileges and immunities of witness giving evidence on oath or affirmation (1) A witness examined before the House or a committee and giv- ing evidence on oath or affirmation has, in respect of that evi- 25 dence, the same privileges and immunities as has a witness giving evidence on oath or affirmation in a court.

This section is subject to any contrary enactment.
Compare: 1875 No 20 s 2; 1908 No 101 s 253(5) (2) 33 Part 1C cl 25 Parliamentary Privilege Bill Subpart 4—Members’ and certain officers’ participation in court or tribunal proceedings 25 Member or officer may apply to Speaker for certificate exempting from attendance A member (other than the Speaker) or officer may apply to 5 the Speaker to be exempted from attendance if the member or officer is required by a court’s or tribunal’s summons to attend personally at the court or tribunal— (a) (b) Compare: 1908 No 101 ss 257, 261 as a party or witness in a civil proceeding; or as a witness in a criminal proceeding.
10 Speaker determines application for exemption certificate The Speaker must, on an application under section 25, grant the member or officer an exemption certificate unless satisfied, after any inquiry the Speaker thinks fit to make, that non-com- 15 pliance with the summons would— (a) (b) The certificate must be signed by the Speaker, attach a copy of the summons, and identify the attendance concerned.
Compare: 1908 No 101 s 263 delay injuriously, or defeat, the interests of justice; or cause irreparable injury to a party to the proceeding.
20 Extent of exemption under certificate granted An exemption certificate granted to a member or an officer under section 26 exempts the member or officer from attend- ance (whether in compliance with the summons, or otherwise) 25 until the earlier of the following times: (a) the end of the session during which the certificate was granted: the end of the calendar year after the calendar year dur- ing which the certificate was granted.
(b) 30 26 (1) (2) 27 Compare: 1908 No 101 s 264 28 Order or certificate exempting Speaker from attendance When and how House to consider making exempting order This subsection applies if the Speaker— (1) 34 (2) (3) (4) Parliamentary Privilege Bill Part 1C cl 28 (a) (b) as a party or witness in a civil proceeding; or as a witness in a criminal proceeding; and is required by a court’s or tribunal’s summons to attend personally at the court or tribunal— (i) (ii) either has already acted under subsection (5) but can 5 now submit the matter to the House without delay be- cause the House has since ceased to be adjourned, or cannot act under subsection (5) because— the House is not adjourned; or (i) the House is adjourned but the Speaker is not 10 (ii) satisfied that it is necessary to act without delay.
The Speaker must if subsection (1) applies submit the matter to the House at the first convenient opportunity.
The House may, on a matter submitted under subsection (2), make any order the House thinks fit, but an order of the House 15 that the Speaker be exempted from attendance exempts the Speaker from attendance (whether in compliance with the summons, or otherwise) until the earlier of the following times: (a) (b) the end of the session during which the order was made: 20 the end of the calendar year after the calendar year dur- ing which the order was made.
Speaker to grant temporary exempting certificate if House adjourned, etc This subsection applies if the Speaker— (a) 25 as a party or witness in a civil proceeding; or as a witness in a criminal proceeding; and is required by a court’s or tribunal’s summons to attend personally at the court or tribunal— (i) (ii) cannot submit the matter to the House without delay 30 because the House is adjourned; and is satisfied that it is necessary to act without delay; and is not satisfied, after any inquiry the Speaker thinks fit to make, that non-compliance with the summons would— (i) delay injuriously, or defeat, the interests of just- 35 ice; or cause irreparable injury to a party to the proceed- ing.
(ii) (b) (c) (d) 35 Part 1C cl 29 Parliamentary Privilege Bill (5) (6) The Speaker must if subsection (4) applies grant to the Speaker an exemption certificate.

The certificate must be signed by the Speaker, attach a copy of the summons, and identify the attendance concerned.
(7) An exemption certificate granted under subsection (5) ex- 5 empts the Speaker from attendance (whether in compliance with the summons, or otherwise) until both of the following have occurred: (a) the matter is submitted at the first convenient opportun- ity to the House, under subsection (2); and the House has made an order on the matter, under subsection (3).
Compare: 1908 No 101 s 260 (b) 10 (b) Effect of certificate or order If a certificate granted, or order made, under section 26 or 28, 15 is presented to the court or tribunal,— (a) the member, officer, or Speaker is exempted from attendance as provided in (as the case requires) section 27 or 28(3) or (7); and no proceedings (civil or criminal) may be commenced 20 or continued against the member, officer, or Speaker in respect of his or her non-compliance with the summons, or other non-attendance during his or her exemption; and the court or tribunal may adjourn the proceeding on any 25 terms it thinks convenient and just in light of that ex- emption.
Compare: 1908 No 101 s 264 (c) Subpart 5—Judicial notice of Speaker’s signature on certificates Judicial notice must be taken of Speaker’s signature All courts and all persons acting judicially must take judicial notice of the Speaker’s signature on a certificate granted under section 15, 26, or 28.
Compare: 1908 No 101 s 268 30 35 29 30 36 Parliamentary Privilege Bill Part 2 cl 33 Part 2 Savings provisions, related amendments, and repeals Savings provisions 31 Existing court or tribunal proceedings This Act’s provisions (other than this section) do not apply to proceedings— (a) (b) Compare: Parliamentary Privileges Act 1987 s 16(7) (Aust) in a court or a tribunal; and that commenced before this Act’s commencement.
5 10 32 Existing determinations, and approved form or rules, relating to Hansard (1) Any determinations made for the purposes of section 253A(1) of the Legislature Act 1908, and in force immediately be- fore the commencement of this Act, after that commence- 15 ment continue in force, and may be amended, revoked, or re- voked and replaced, as if they were made for the purposes of section 14(1) of this Act.
(2) Any form, or rules, approved for the purposes of sec- tion 253A(2) of the Legislature Act 1908, and in force im- 20 mediately before the commencement of this Act, after that commencement continue in force, and may be amended, re- voked, or revoked and replaced, as if they were approved for the purposes of section 14(2) of this Act.

Related amendments 25 32A Canterbury Earthquake Recovery Act 2011 amended (1) This section amends the Canterbury Earthquake Recovery Act 2011.
In section 71(6)(c), replace “or the New Zealand Bill of Rights Act 1990” with “the New Zealand Bill of Rights Act 1990, or 30 the Parliamentary Privilege Act 2013”.

Defamation Act 1992 amended This section amends the Defamation Act 1992.
Replace section 13 with: 37 (2) 33 (1) (2) Part 2 cl 33A Parliamentary Privilege Bill (2A) “13 Absolute privilege in relation to proceedings in Parliament The Parliamentary Privilege Act 2013 protects by absolute privilege the proceedings, statements, broadcasts or rebroad- casts, and publications specified in sections 9 to 13 of that Act.” In the heading to section 13, replace “Parliamentary pro- ceedings” with “proceedings in Parliament”.
In section 13(1) and (2), replace “the House of Representa- tives” with “Parliament”.

In section 13(3)(c), replace “record of the proceedings of the 10 House of Representatives” with “report of proceedings in Par- liament”.

(2B) (2C) 5 (2D) After section 13(3), insert: “(4) Proceedings in Parliament, in this section, has the same meaning as in section 8B of the Parliamentary Privilege 15 Act 2013.” In Schedule 1, Part 1, repeal clauses 1 to 3.
(3) 33A Epidemic Preparedness Act 2006 amended (1) (2) This section amends the Epidemic Preparedness Act 2006.

In section 12(3)(c), replace “or the New Zealand Bill of Rights 20 Act 1990,” with “the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2013,”.

In section 15(3)(c), replace “or the New Zealand Bill of Rights Act 1990,” with “the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2013,”.
25 Intelligence and Security Committee Act 1996 amended This section amends the Intelligence and Security Committee Act 1996.

In section 16(1), after “Article 9 of the Bill of Rights 1688”, insert “and the Parliamentary Privilege Act 2013”.

In section 16(2), replace “of the House of Representatives” with “in Parliament (as defined in section 8(2)8B of the Par- liamentary Privilege Act 2013)”.
30 (3) 34 (1) (2) (3) 38 Parliamentary Privilege Bill Repeals 35 (1) (2) Legislature Act 1908 and Legislature Amendment Act 1992 repealed The Legislature Act 1908 (1908 No 101) is repealed.

The Legislature Amendment Act 1992 (1992 No 106) is re- 5 pealed.

Legislative history 2 December 2013 11 December 2013 Introduction (Bill 179–1) First reading and referral to Privileges Committee 12 Published under the authority of the House of Representatives—2014 Wellington, New Zealand: 39