Parliamentary Privilege Act 2014

1: Title
This Act is the Parliamentary Privilege Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General provisions
3: Purposes of this Act
1: 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 members; and
b: ensure adequate protection from civil and criminal legal liability for communication of, and of documents relating to, proceedings in Parliament.
2: The subsidiary purposes of this Act, to help it to achieve its main purposes, are to—
a: reaffirm generally in a single Act and clarify the purpose and certain other aspects of, but avoid comprehensive codification of, parliamentary privilege; and
b: provide for Article 9 of the Bill of Rights 1688 to be taken to have, for the avoidance of doubt, a specified effect (in addition to any other operation, and subject to specified overriding offence provisions); and
c: define, for the avoidance of doubt, proceedings in Parliament Attorney-General v Leigh
d: abolish and prohibit evidence being offered or received, questions being asked, or statements, submissions, or comments made, concerning proceedings in Parliament, to inform or support effective repetition Buchanan v Jennings
e: replace with modern legislation the law formerly contained in the Legislature Act 1908 Legislature Amendment Act 1992 Defamation Act 1992
4: Interpretation of this Act
1: This Act must be interpreted in a way that—
a: promotes its main and subsidiary purposes; and
b: promotes the principle of comity that requires the separate and independent legislative and judicial branches of government each to recognise, with the mutual respect and restraint that is essential to their important constitutional relationship, the other’s proper sphere of influence and privileges; and
c: ensures privileges, immunities, and powers of the House of Representatives, its committees, and its members are exercisable for the purpose stated in section 7
2: Subsection (1) Part 2 Section 4(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
5: Interpretation
1: In this Act, unless the context otherwise requires,— committee communication
a: communication to or for any people, in any form, on any basis, and using any medium or media, of the document or proceedings; and
b: live or delayed original communication, and delayed recommunication, of the document or proceedings; and
c: live or delayed communication to the public of the document or proceedings 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 electronic copy of the document 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, or of an audio or video file or recording of, the proceedings Transmission solely as a distributor, a reproducer of content, or a supplier of transmission services, of the document or of, or of an audio or video file or recording of, the proceedings. communication to the public copy court
a: the Supreme Court, the Court of Appeal, the High Court, or the District
b: any of the following specialist courts: the Court Martial of New Zealand established by section 8 Court Martial Appeals Act 1953 District Court
a: the Family Court and the Youth Court; and
b: the District Court sitting in its admiralty jurisdiction document
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, 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:
ii: a book, map, plan, graph, or drawing:
iii: a photograph, film, or negative:
b: information electronically recorded or stored (including, without limitation, an audio or video file or recording), or information derived from that information:
c: a copy of, or part of, a document as defined in paragraph (a) or (b) exercisable House member section 10(4) officer
a: in subpart 4
i: the Clerk, or the Deputy Clerk, of the House; or
ii: a Clerk-Assistant of the House; or
iii: the Serjeant-at-Arms; and
b: 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) proceedings in Parliament section 10 report
a: a record or transcript; and
b: part of a report Speaker
a: every person who is the Speaker of the House (as chosen and confirmed, and continuing in office, under sections 12 13
b: 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 general election, every person who held on that polling day the office of Speaker of the House or Deputy Speaker of the House summons
a: that is a process of, or issued by or on behalf of, the court or tribunal; and
b: that requires attendance at the court or tribunal tribunal section 6 under the House's or a committee's authority
2: The examples provided in subsection (1) section 14
a: do not limit that provision; and
b: may extend the operation of that provision.
3: A reference in this Act or in an enactment it amends to article 9 of the Bill of Rights 1688 is a reference to the ninth article of section 1 of the Bill of Rights 1688 so far as that article is part of the laws of New Zealand under section 3(1) Schedule 1 Section 5(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 5(1) District Court replaced 1 March 2017 section 261 District Court Act 2016
6: Act binds the Crown
This Act binds the Crown.
2: Parliamentary privilege: fundamental provisions
1: Privileges generally of House, committees, and members
7: Purpose of parliamentary privilege
The privileges, immunities, and powers exercisable in accordance with the rest of this Act by the House, committees, and members, are exercisable to—
a: uphold the integrity of the House as a democratic legislative assembly; and
b: secure the independence of the House, committees, and members, in the performance of their functions.
8: Privileges exercisable and part of laws of New Zealand, journals as evidence
Privileges, etc, exercisable
1: The privileges, immunities, and powers exercisable by the House, committees, and members are every privilege, immunity, 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
b: 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. Privileges, etc, part of laws of New Zealand
2: 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 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 Parliament 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 so printed or published. 1865 No 13 ss 4, 5; 1908 No 101 s 242
2: Effect of Article 9 of Bill of Rights 1688, and proceedings in Parliament defined
Reaffirmation, and clarification of aspects, of Article 9
9: 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 Crimes Act 1961
a: section 102
b: section 103
c: section 109 1908 No 101 ss 252 253(4) Definition
10: Proceedings in Parliament defined
1: Proceedings in Parliament
2: The definition in subsection (1)
a: the giving of evidence (and the evidence so given) before the House or a committee:
b: the presentation or submission of a document to the House or a committee:
c: the preparation of a document for purposes of or incidental to the transacting of any business of the House or of a committee:
d: the formulation, making, or communication of a document, under the House's or a committee's authority (and the document so formulated, made, or communicated):
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 proceedings in Parliament.
3: In determining under subsection (1) subsection (1)
4: In determining under subsection (1)
5: Necessity test
6: Subsections (2) and (3) subsection (1)
7: This section applies despite any contrary law (including, without limitation, every enactment or other law in the decision in Attorney-General v Leigh Parliamentary Privileges Act 1987 s 16(2) (Aust) Scope of prohibited impeaching or questioning, in court or tribunal proceedings, of proceedings in Parliament
11: Facts, liability, and judgments or orders
In proceedings in a court or tribunal, evidence must not be offered or received, and questions must not be 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 proceedings in Parliament:
b: otherwise questioning or establishing the credibility, motive, intention, or good faith of any person:
c: drawing, or inviting the drawing of, inferences or conclusions wholly or partly from anything forming part of those proceedings in Parliament:
d: proving or disproving, or tending to prove or disprove, any fact necessary for, or incidental to, establishing any liability:
e: resolving any matter, or supporting or resisting any judgment, order, remedy, or relief, arising or sought in the court or tribunal proceedings. Parliamentary Privileges Act 1987 s 16(3) (Aust)
12: Production or use of documents or oral evidence House or committee received in private, or as secret evidence
1: 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 private by, and so is confidential to, the House or the committee; or
b: was received as secret evidence by the House or the committee, and so generally cannot be disclosed.
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)
3: This subsection applies to oral evidence taken by the House or a committee, and that—
a: was received (as advice, evidence, or otherwise) in private by, and so is confidential to, the House or the committee; or
b: was heard as secret evidence by the House or the committee, and so generally cannot be disclosed.
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) Parliamentary Privileges Act 1987 s 16(4) (Aust)
13: 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 meaning of, or the meaning that can be given to, an enactment.
2: Neither this subpart
a: admitting in evidence (or taking judicial notice of) a document relating to proceedings in Parliament communicated under the House's or a committee's authority; or
b: allowing the making of statements, submissions, or comments based on that document. Parliamentary Privileges Act 1987 s 16(5)﻿(b) (Aust)
14: Operation of Parts 3 and 4
Neither this subpart Parts 3 4 Examples
A court’s or tribunal’s presiding judicial officer under section 17(4) section 17 section 31 A court or tribunal under section 30 section 31
15: Use of proceedings to establish, without impeaching or questioning, historical events or other facts
1: In relation to proceedings in a court or tribunal, neither this subpart
2: This section is explanatory only, and does not limit or affect the prohibition in Article 9 of the Bill of Rights 1688 (operating as this subpart Subpart is declaratory, and prospective only
16: Subpart is for avoidance of doubt, and does not apply to existing court or tribunal proceedings
1: This subpart
2: However (in accordance with section 32 subpart
a: in a court or a tribunal; and
b: that commenced before this Act's commencement. Parliamentary Privileges Act 1987 s 16(7) (Aust)
3: Communicating proceedings in Parliament
1: Stays of court or tribunal proceedings in respect of specified communications
17: Communications of proceedings in Parliament, related documents, or specified copies
1: 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:
a: 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: proceedings in Parliament:
ii: a document relating to proceedings in Parliament:
b: the communication, by the person or the person's agent or employee, of a copy of a document (an authorised parliamentary communication
i: relating to proceedings in Parliament; and
ii: communicated under the House's or a committee's authority.
2: 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 employee did (as the case may be) all or any of the following:
i: communicated, under the House's or a committee's authority, the proceedings in Parliament, the document relating to proceedings in Parliament, or both:
ii: communicated the authorised parliamentary communication; and
b: appending copies of each document relating to proceedings in Parliament or authorised parliamentary communication communicated, and stating that true copies of them were communicated; and
c: signed by the Speaker.
3: The person may, by doing both of the following, apply for 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
b: 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 prosecutor in the proceedings).
4: The court’s or tribunal’s registrar must, if satisfied (on any evidence the registrar requires) the person has applied for a stay of the proceedings in accordance with subsection (3)
5: The order staying the proceedings must (without fee) be sealed, dated, and served, and entered in the court’s or tribunal’s formal or permanent record, in accordance with its practice and procedure.
6: The stayed proceedings are required by this section to be taken to be finally determined.
7: This section does not prevent or restrict the plaintiff’s or prosecutor’s discontinuing or withdrawing the proceedings. 1954 No 46 ss 18, 19; 1992 No 106 ss 2 4 5
2: Qualified immunity from civil or criminal liability
18: Effect and operation of qualified immunity under this Act
1: Qualified immunity under this Act is an immunity from any civil or criminal liability for the relevant communication.
2: The immunity is a defence to liability, but the defence is available 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)
3: The defence is unavailable if, in proceedings against the defendant 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 occasion of communication.
4: The defendant abused the occasion of communication if the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant did either or both of the following:
a: acted in bad faith:
b: acted with a predominant motive of ill will.
5: Subsection (4) subsection (3) 1992 No 105 ss 16(1), (3) 17 19 Schedule 1
19: Delayed communication to public, not under House's authority, of proceedings in Parliament
A delayed communication to the public, by any communicator, of proceedings in Parliament, if not made under the House's or a committee's authority, is protected by qualified immunity. 1992 No 105 ss 16(1), (3) 17 19 Schedule 1
20: Communication of certain parliamentary documents
The following communications are protected by qualified immunity:
a: the communication of a fair and accurate report of proceedings in Parliament:
b: the communication of a fair and accurate extract from, or summary of,—
i: a document communicated under the House's or a committee's authority; or
ii: a document relating to proceedings in Parliament, and communicated under—
A: the House's or a committee's authority; or
B: the authority of any enactment. 1992 No 105 ss 16(1) 17 19 Schedule 1
21: Other laws unaffected
1: This Act does not limit or affect any laws relating to absolute privilege or qualified privilege.
2: Those laws include, without limitation, sections 13 to 19 of the Defamation Act 1992. 1992 No 105 ss 15 16(3)
4: Parliamentary privilege: other provisions
1: House's power to fine for contempt
22: House may impose fine on person determined by House to have committed contempt of House
Power to fine for contempt of House
1: The House may by resolution 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. Enforcement
2: A fine imposed on a person under subsection (1) is payable and enforceable under Part 3 Summary Proceedings Act 1957 section 79(1)
3: The Clerk of the House must ensure a copy of a resolution under subsection (1)
a: for service on the person under the Summary Proceedings 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
b: for enforcement against the person under that Act. Power to fine is exclusive, but other penalty powers unaffected
4: This section replaces all other powers, if any, of the House, under any other laws, to impose a fine on a person for a contempt of the House determined by the House to have been committed by that person, but does not limit or affect the House's powers to penalise the person for the contempt otherwise 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
5: Subsection (1) (except for the $1,000 maximum) declares and enacts, for the avoidance of doubt, part of the effect that section 242 Parliamentary Privileges Act 1987 s 7(5)–(8) (Aust)
2: House has no power to expel from membership of House
23: Members' seats become vacant only as provided in Electoral Act 1993
1: The House has no power to make a member's seat become vacant by expelling the member (whether to discipline or punish the member, to protect the House by removing an unfit member, or for any reason or purpose) from membership of the House.
2: Subsection (1) overrides any law to the contrary. Parliamentary Privileges Act 1987 s 8 (Aust)
3: Parliamentary witnesses
24: 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 examined before the House or that committee, administer an oath or affirmation to the witness. 1908 No 101 s 252
25: Privileges and immunities of witness giving evidence on oath or affirmation
1: A witness examined before the House or a committee and giving evidence on oath or affirmation has, in respect of that evidence, the same privileges and immunities as has a witness giving evidence on oath or affirmation in a court.
2: This section is subject to any contrary enactment. 1875 No 20 s 2; 1908 No 101 s 253(5)
4: Members' and certain officers' participation in court or tribunal proceedings
26: Member or officer may apply to Speaker for certificate 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 officer is required by a court's or tribunal's summons to attend personally at the court or tribunal—
a: as a party or witness in a civil proceeding; or
b: as a witness in a criminal proceeding. 1908 No 101 ss 257 261
27: Speaker determines application for exemption certificate
1: The Speaker must, on an application under section 26
a: delay injuriously, or defeat, the interests of justice; or
b: cause irreparable injury to a party to the proceeding.
2: The certificate must be signed by the Speaker, attach a copy of the summons, and identify the attendance concerned. 1908 No 101 s 263
28: Extent of exemption under certificate granted
An exemption certificate granted to a member or an officer under section 27
a: the end of the session during which the certificate was granted:
b: the end of the calendar year after the calendar year during which the certificate was granted. 1908 No 101 s 264
29: Order or certificate exempting Speaker from attendance
When and how House to consider making exempting order
1: This subsection applies if the Speaker—
a: is required by a court's or tribunal's summons to attend personally at the court or tribunal—
i: as a party or witness in a civil proceeding; or
ii: as a witness in a criminal proceeding; and
b: either has already acted under subsection (5) but can now submit the matter to the House without delay because the House has since ceased to be adjourned, or cannot act under subsection (5) because—
i: the House is not adjourned; or
ii: the House is adjourned but the Speaker is not satisfied that it is necessary to act without delay.
2: The Speaker must if subsection (1) applies submit the matter to the House at the first convenient opportunity.
3: The House may, on a matter submitted under subsection (2), make any order the House thinks fit, but an order of the House 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: the end of the session during which the order was made:
b: the end of the calendar year after the calendar year during which the order was made. Speaker to grant temporary exempting certificate if House adjourned, etc
4: This subsection applies if the Speaker—
a: is required by a court's or tribunal's summons to attend personally at the court or tribunal—
i: as a party or witness in a civil proceeding; or
ii: as a witness in a criminal proceeding; and
b: cannot submit the matter to the House without delay because the House is adjourned; and
c: is satisfied that it is necessary to act without delay; and
d: 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 justice; or
ii: cause irreparable injury to a party to the proceeding.
5: The Speaker must if subsection (4) applies grant to the Speaker an exemption certificate.
6: 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) exempts 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 opportunity to the House, under subsection (2); and
b: the House has made an order on the matter, under subsection (3). 1908 No 101 s 260
30: Effect of certificate or order
If a certificate granted, or order made, under section 27 29
a: the member, officer, or Speaker is exempted from attendance as provided in (as the case requires) section 28 29(3) or (7)
b: 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; and
c: the court or tribunal may adjourn the proceeding on any terms it thinks convenient and just in light of that exemption. 1908 No 101 s 264
5: Judicial notice of Speaker's signature on certificates
31: 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 17 27 29 1908 No 101 s 268
6: Evidence of parliamentary journals
Subpart 6 inserted 28 October 2021 section 16 Legislation (Repeals and Amendments) Act 2019
31A: Copies of parliamentary journals to be evidence
1: This section applies to copies of the Journals of the Legislative Council or the House of Representatives of New Zealand that purport to be printed by the Government Printer or published under the House’s authority.
2: All courts and all persons acting judicially must admit those copies as evidence of the matters stated in them, without further proof that they were so printed or published. 2012 No 119 s 19 Section 31A inserted 28 October 2021 section 16 Legislation (Repeals and Amendments) Act 2019
5: Savings provision, related amendments, and repeals
Savings provision
32: Existing court or tribunal proceedings
This Act's provisions (other than this section) do not apply to proceedings—
a: in a court or a tribunal; and
b: that commenced before this Act's commencement. Parliamentary Privileges Act 1987 s 16(7) (Aust) Related amendments
33: Canterbury Earthquake Recovery Act 2011 amended
1: This section amends the Canterbury Earthquake Recovery Act 2011
2: In section 71(6)﻿(c) or the New Zealand Bill of Rights Act 1990 the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014 2014-08-08 Canterbury Earthquake Recovery Act 2011
34: Defamation Act 1992 amended
1: This section amends the Defamation Act 1992
2: In the heading to section 13 Parliamentary proceedings proceedings in Parliament
3: In section 13(1) and (2) the House of Representatives Parliament
4: In section 13(3)﻿(c) record of the proceedings of the House of Representatives report of proceedings in Parliament
5: After section 13(3)
4: Proceedings in Parliament section 10
6: In Schedule 1 2014-08-08 Defamation Act 1992
35: Epidemic Preparedness Act 2006 amended
1: This section amends the Epidemic Preparedness Act 2006
2: In section 12(3)﻿(c) or the New Zealand Bill of Rights Act 1990, the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014,
3: In section 15(3)﻿(c) or the New Zealand Bill of Rights Act 1990, the New Zealand Bill of Rights Act 1990, or the Parliamentary Privilege Act 2014, 2014-08-08 Epidemic Preparedness Act 2006
36: Imperial Laws Application Act 1988 amended
1: This section amends the Imperial Laws Application Act 1988
2: In Schedule 1 section 1 [ the ninth article of which must be taken to have, in addition to any other operation, the effect specified in section 9 2014-08-08 Imperial Laws Application Act 1988
37: Intelligence and Security Committee Act 1996 amended
1: This section amends the Intelligence and Security Committee Act 1996
2: In section 16(1) Article 9 of the Bill of Rights 1688 and the Parliamentary Privilege Act 2014
3: In section 16(2) of the House of Representatives in Parliament (as defined in section 10 2014-08-08 Intelligence and Security Committee Act 1996 Repeals
38: Legislature Act 1908 and Legislature Amendment Act 1992 repealed
1: The Legislature Act 1908
2: The Legislature Amendment Act 1992 2014-08-08 Legislature Act 1908 Legislature Amendment Act 1992