Peachey Allan: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Peachey Allan: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20283] 
ALLAN PEACHEY (National—Tamaki) 
: 
 Thank you Mr Chair— 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. I move that the Speaker be recalled to rule on the Chairperson’s awarding of a call to Allan Peachey 
. 
The CHAIRPERSON (Eric Roy) 
: The member is completely out of order. Can the member please point out to me in either the Standing Orders or  
Speakers’ Rulings 
 where I have erred from what Speakers’ rulings or the Standing Orders require in terms of the Chair and the Committee of the whole House. 
Hon Trevor Mallard 
: 
 Speaking to the point of order Mr Chairperson— 
The CHAIRPERSON (Eric Roy) 
: It is not a point of order; it is a ruling. 
Hon Trevor Mallard 
: Well I am speaking to your ruling—if you are asking me to respond to your ruling by way of a point of order. Mr Chairperson it is out of order for me to give reasons when I give that motion and I think you know that. 
The CHAIRPERSON (Eric Roy) 
: No I do not know that. This is a means of order for the Committee. If members are making a point of order they should indicate to the Chair where there has been a breach of the rules of the House and that is what I am asking the member. 
ALLAN PEACHEY 
:  
I appreciate the opportunity— 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. 
The CHAIRPERSON (Eric Roy) 
: I am now going to caution the member. If the member continues on the line— 
Hon Tau Henare 
: Sit down Trevor. 
The CHAIRPERSON (Eric Roy) 
: —I am on my feet—I will require the member to leave; I will. I call Allan Peachey. 
Hon Trevor Mallard 
:  
I raise a point of order Mr Chairperson. 
ALLAN PEACHEY 
: I appreciate the opportunity to make a contribution to this debate— 
The CHAIRPERSON (Eric Roy) 
: I am hearing a point of order. 
Hon Trevor Mallard 
: It has always been the right of any member in this House to move a motion seeking the recall of the Speaker. It has never been limited. Mr Chairman your limitation of it is new; it is a new ruling from a Chairman. There is a right for any member to ask the Speaker to review any ruling of any Chairman. 
The CHAIRPERSON (Eric Roy) 
: I have sought advice and I am absolutely convinced in my own mind that I am conducting the Committee of the whole House in absolute accordance with both Speakers’ rulings and the Standing Orders. It is not a point of order to say that the presiding officer should not have given the call to whomever at any point. So the member is quite out of order. 
Hon Trevor Mallard 
:  
I raise a point of order Mr Chairperson. I have on at least five occasions in this House heard the Speaker rule on the question as to who should be given the call. Speakers have been recalled for that previously. Mr Chairperson I think on every occasion the Speaker has reinforced the right of the Chairman to make that decision. I have no doubt what the result will be but there is a difference between getting the right decision from the Speaker and the right of a member to recall the Speaker to have that decision made. 
The CHAIRPERSON (Eric Roy) 
: I am not going to put the question on the member’s motion. If he asks for the motion to be put again he will leave the Chamber. 
Grant Robertson 
:  
I raise a point of order Mr Chairperson. I move that the Speaker be recalled to rule on the Chairperson’s ruling that a motion to recall the Speaker to rule on the Chairperson’s awarding of a call to Allan Peachey was out of order 
. 
The CHAIRPERSON (Eric Roy) 
: I think we are now getting all members following the same procedure. I believe that the Committee has expressed its will by a vote of 62 to 57 or whatever that it wishes to proceed with this matter. I will not tolerate members continually seeking to recall the Speaker for every single item particularly over who does or does not get the call. The member is out of order. 
Hon Trevor Mallard 
:  
I raise a point of order Mr Chairperson. Can you please explain to the Committee which of your rulings we are allowed to debate and have the Speaker come in on. Is it all of your rulings some of your rulings or only on the call? Mr Chairperson in the past— 
Hon Anne Tolley 
: Is this a point of order? 
The CHAIRPERSON (Eric Roy) 
: Yes it is a point of order. 
Hon Trevor Mallard 
: It is absolutely a point of order and it was just interrupted by Anne Tolley. Mr Chairperson could you indicate to the Committee which of your rulings you are saying are beyond the Speaker coming back which ones you have absolute rights on without challenge and which of your rulings are subject to recall? 
The CHAIRPERSON (Eric Roy) 
: It is very simple. I have determined that the members in Opposition are trifling with the Chair and I will not be part of that process so I have ruled that with those resolutions—we have had several motions to recall the Speaker and nothing has changed. Quite simply members are trifling with the Chair and if they persist they will leave the Chamber. 
Hon Trevor Mallard 
:  
I move  
That the Speaker be recalled to rule on the Chairperson’s ruling that the member were trifling with the Chair. 
The CHAIRPERSON (Eric Roy) 
: The member will leave the Chamber. 
Hon Trevor Mallard 
: I have the right to move for the recall of the Speaker in respect of your ruling that we were trifling with the Chair. We were not trifling with the Chair and you ruled that I was. 
The CHAIRPERSON (Eric Roy) 
: I will put that motion.