Kuriger Barbara; Webb Duncan; McAnulty KieranCHAIRPERSON (Barbara Kuriger): Thank you Hon Kieran McAnulty for your patience. It is true that the prohibition on reference to proceeding in Standing Order 116 applies in respect of New Zealand court and the tribunal is not in that category. Members need to consider whether it's in the public interest to discuss such matters and I'm aware that the matter is live before the tribunal and that is relevant. I suggest the way forward is for members to share valuable insights that they may have become aware of in light of the tribunal's work but please avoid directly citing material as it is part of the tribunal's proceedings. I would also remind members that we are on a part of this bill that's around title and commencement and we want to keep this part of the discussions in the Parliament to title and commencement. If it's about the tribunal not being able to have that opportunity then that is relevant to this piece of the legislation.Hon Dr DUNCAN WEBB (Labour—Christchurch Central): Point of order. Madam Chair this is actually a really important point because the starting place in debate is that this House is free to discuss any matter and the ruling you've made is of considerable significance in curtailing that right. Now the Speakers' rulings are clear and at 38/6 it makes it very clear that The House is not debarred from discussing a matter that is before a royal commission as would be the case if [it] were before [the courts]." Now the Waitangi Tribunal is a standing commission of inquiry with recommendatory powers only and your ruling is now cutting directly across an existing Speaker's ruling. I think with the utmost respect Madam Chair that this needs to be looked at with real care because the Waitangi Tribunal is entirely distinct from a court and the sub judice rule has no part to play. I would refer the House to Parliamentary Practice in New Zealand at section 19.9.3 which lists the bodies to which the sub judice rule applies in an exhaustive fashion and it does not include any tribunal any commission any commission of inquiry. This is a very important point about the privilege of this House to debate topics freely and refer to any material it chooses so I would respectfully suggest that the utmost care be taken before making any ruling on the admissibility of any matter including evidence that is before the tribunal.Hūhana Lyndon: Madam Chair point of order.CHAIRPERSON (Barbara Kuriger): I'm just going to respond to the Hon Duncan Webb so just bear with me for a second. It is true that the House is not debarred from that discussion; that is accepted. But I'm asking members to exercise restraint out of respect for that institution. Please consider whether it is appropriate to directly state that the material being used is part of a submission. That's all I'm asking for the respect for that institution and also reminding members that we are talking about title and commencement in this piece of legislation. Thank you.Hūhana Lyndon: Point of order in addition please Madam Chair.CHAIRPERSON (Barbara Kuriger): Is this a new point of order?HŪHANA LYNDON (Green): It is a kōrero tāpiri. I am new to the House but I wanted to share with the Speaker that at 6 o'clock last night the Waitangi Tribunal notified applicants and the Crown that it vacated the inquiry so is no longer live. It ended last night at 6 p.m. due to the jurisdiction so just wanting to note that.CHAIRPERSON (Barbara Kuriger): Yes I'm aware of that—I'm aware of that yeah and I just ask members to bear that in mind. Thank you.Hon KIERAN McANULTY (Labour): Point of order. Thank you Madam Chair. I thank you very much for what was clearly a considered response to both my point of order and that raised by the Hon Dr Duncan Webb. Just for absolute clarity your response to Dr Duncan Webb was an amendment to your original ruling and I think it goes some way to addressing the concerns that we raised but for the absolute clarity of the House I just want it to be made clear that what you responded to the point of order from the Hon Dr Duncan Webb overrules the advice that you originally gave. That original advice was slightly more restrictive than where you've landed now and I don't think that—given the importance of this we can't have any confusion as to where we stand.CHAIRPERSON (Barbara Kuriger): Yeah no look accepting what the member's saying all I'm asking is for members to exercise restraint out of respect for the institution but also to remember that we are talking about title and commencement here as well. So that's where we're at. If someone's got a call on that basis I'll take it."