Points of Order — Privilege—Hon Harry Duynhoven 
Points of Order — Privilege—Hon Harry Duynhoven 
[Volume:610;Page:7291] 
Points of Order 
Privilege—Hon Harry Duynhoven 
Hon RICHARD PREBBLE (Leader—ACT NZ) 
: 
 I raise a point of order Mr Speaker. I now wish to raise a point of order with you. While you have referred to the Privileges Committee the matter of Mr Duynhoven’s eligibility to sit in the House after reading through the Electoral Act—and I would like you to confirm this—I believe that this is actually a decision for you. You can seek advice from wherever you are but I want from you an assurance that your referring to the Privileges Committee was not a technique to enable the Government to change the law in the meantime and that as Speaker you will look at the matter and make the decision on the law as it is at the moment rather than what the law might be after the Government has persuaded us to change it. 
Mr SPEAKER 
: I will give the member an absolute assurance as to that. I agree. I took advice on what to do was advised and referred the matter to the Privileges Committee. 
Hon RICHARD PREBBLE (Leader—ACT NZ) 
: 
 I raise a point of order Mr Speaker. I am obliged to you for that remark and I accept it but can you also confirm that this is a decision for you to make not for anyone else? 
Mr SPEAKER 
: It depends on the procedures. The Government of course can introduce bills if it wishes but if it does not then the member is correct. 
Dr WAYNE MAPP (NZ National—North Shore) 
: 
 I raise a point of order Mr Speaker. Given what you have just said I guess we would now seek an assurance from yourself that the issue will be decided strictly in accordance with the law as it stands—not in respect of any bills to be introduced. We have just heard from the Leader of the House that there will be no bills introduced so I would like you to give us that assurance because I feel you have left us in some doubt now. 
Mr SPEAKER 
: I did not actually hear the Hon Dr Cullen say that but I can give members the assurance that I will enforce under section 129 of the Electoral Act that it is for the Speaker to decide when satisfied a vacancy exists the present law. 
GERRY BROWNLEE (NZ National—Ilam) 
: 
 I raise a point of order Mr Speaker. I would like to get things a bit clearer because it seems that in answers to both Mr Prebble’s and Dr Mapp’s points of order there has come from you a suggestion that you may not be put in a position of having to make that determination because of some expectation that the Government might be about to change the law. Surely the situation with regard to Mr Duynhoven exists now so the question arises: why the long wait? 
Mr SPEAKER 
: I decide on the present law—nothing else. I decide on the present law. 
Rt Hon WINSTON PETERS (Leader—NZ First) 
: 
 I raise a point of order Mr Speaker. It is my party’s concern as to what your answer was in respect of Mr Mapp’s question because if that is your answer then by a very unfortunate circumstance and without recourse for us to have the ability to correct that circumstance I am bound to say that you are bound to come to a certain decision—which would be very very adverse for Mr Duynhoven and which I do not believe—I cannot speak for other members—is fair or right. So in reality one of the options you must surely keep open for yourself is the capacity of this House to correct the situation by way of retrospective legislation. In which event sadly your answer to Mr Mapp cannot stand. All I am asking is are you prepared to avail yourself of the opportunity to take the decision of the Privileges Committee and Parliament on this matter? 
Mr SPEAKER 
: Obviously I am going to wait until the Privileges Committee reports. I will then consider its report and consider what has to be done. The Speaker will then make a decision in the light of the Privileges Committee report and on the basis of the law as it exists at the time. I can assure the member that I will follow the law. 
Rt Hon WINSTON PETERS (Leader—NZ First) 
: 
 I raise a point of order Mr Speaker. That is what my concern is. If you follow the law then sadly the result will be inevitable. I want you to tell the House that you are prepared to take advice or direction from other members of Parliament so that you can act on a law that we might have to pass. 
Mr SPEAKER 
: I take direction from the House only when it changes the law. I will uphold the law.