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Hot Air

Thursday, 6 June 2013

Points of Order — Speaker’s Ruling—Release of Advice

HansardID: 643ac54e-7007-4237-8a84-ebb399cb7885
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🗣️ Speech Bill English (New Zealand National Party — Member for Clutha-Southland)
Time unknown

I raise a point of order, Mr Speaker. I rise to make a point of order only because of some of the feeling that has been expressed. The relevant precedent here—not actually to do with parties—was actually, for the benefit of the Opposition, when Harry Duynhoven found that he was technically disqualified from being a member of Parliament. I recall extensive—

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

Order! [Interruption] Order! I have ruled on the matter. That matter is now closed.

🗣️ Speech Rt Hon Winston Peters (New Zealand First Party — List Member)
Time unknown

I raise a point of order, Mr Speaker. New Zealand First wishes you to know that if your ruling is that we cannot see the legal opinion on which you make your judgment, then we are going to boycott this Parliament for the time being.

🗣️ Speech Russel William Norman (Green Party of Aotearoa / New Zealand — List Member)
Time unknown

I raise a point of order, Mr Speaker. We have had a very unusual circumstance in the Parliament, which is that the New Zealand First Party has walked out. The reason for walking out that was stated was that you would not release your legal advice for your reasoning with regard to the United Future issue. I would ask you whether you can tell us why you will not release your advice on this issue, because it is a pretty important matter.

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

It is not a matter of legal advice; it is a Standing Orders matter.

💬 Dr Russel Norman: Speaking to the point of order—

Order! Speaking to the point of order?

🗣️ Speech Russel William Norman (Green Party of Aotearoa / New Zealand — List Member)
Time unknown

Well, then, my question is not about legal advice. My question is: what advice has the Speaker received on this issue, and will you release—

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

Order! The member is now relitigating the issue. The matter is closed. I will answer the question. I have sought substantial advice before making the decision I made earlier. [Interruption] Order!

🗣️ Speech Russel William Norman (Green Party of Aotearoa / New Zealand — List Member)
Time unknown

I raise a point of order, Mr Speaker. I am being as polite and direct as I can. My question was: will you release the advice?

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

No.

🗣️ Speech Hon David Parker (New Zealand Labour Party — List Member)
Time unknown

I raise a point of order, Mr Speaker. I would ask that, in the circumstances, you provide us with written reasoning as to how it is that you have found that the United Future party is—

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

Order! [Interruption] Order! The member will resume his seat.

💬 Hon David Parker: I have not finished my point of order.

The member will resume his seat. The Parliament is being brought to disorder by members continuing to relitigate a ruling I have made earlier. If members continue to do that, I will have no choice but to ask those members to leave the Chamber.

💬 Hon David Parker: Point of order, Mr Speaker.

💬 Chris Hipkins: Point of order, Mr Speaker.

I will hear from David Parker first, but if it is a continuation, I—

🗣️ Speech Hon David Parker (New Zealand Labour Party — List Member)
Time unknown

I raise a point of order, Mr Speaker. My point of order was a new point of order. It was a request that you release reasons as to how it is that you have found that the United Future—

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

Order! [Interruption] Order! Would the member please resume his seat. My ruling gives the reasons and the justification for my decision. That is the end of the matter.

💬 Chris Hipkins: Point of order—

Is it a fresh point of order, or is it concerning a decision I gave earlier?

💬 Chris Hipkins: It is a fresh point of order.

Is it concerning a decision I gave earlier?

💬 Chris Hipkins: It is clarifying a clarification that you gave on the ruling.

Then it is only in that—[Interruption] Order!

💬 Chris Hipkins: No, no, this is a very important point.

Order! Then it is a matter of relitigating a decision I have made, and I do not want to have to ask—

💬 Chris Hipkins: It’s not relitigating—

I will hear the member.

🗣️ Speech Hon Chris Hipkins (New Zealand Labour Party — Member for Rimutaka)
Time unknown

I raise a point of order, Mr Speaker. I can assure the Speaker that it is not relitigating the decision. In his answer to my earlier point of order, the Speaker indicated that he had received advice that there were no issues with regard to the appropriations. The appropriation I have in front of me states under its scope—and it is on page 110 of the information supporting the estimates—that the scope of the appropriation is limited to funding for the United Future parliamentary party to support its leader’s office. You indicated to me that you had received some legal advice—

💬 Mr SPEAKER: No, I did not.

—that the decision you had made was not in breach of that.

💬 Mr SPEAKER: Order!

This is a legal matter. People go to jail for spending money that is not covered by an appropriation.

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

Order! I indicated to the member that I had received advice.

🗣️ Speech Clayton Cosgrove (New Zealand Labour Party — List Member)
Time unknown

I raise a point of order, Mr Speaker. In a general—

💬 Hon Gerry Brownlee: “Pick me, pick me, pick me.”

Bad lunch, was it, Gerry?

💬 Mr SPEAKER: Order! This point of order will be heard in silence.

Thank you, Mr Speaker. In a general sense, could you indicate for the benefit of the House whether there is any Standing Order or Speaker’s ruling that, if you were of a mind to, would prevent you from releasing any advice on a particular matter to the House that you have ruled on?

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

I am not aware of any Standing Order that would prevent me from doing so.

🗣️ Spoke in this debate (7)