Privilege — Privileges Committee Referral—High Court’s Treatment of Speech Made in the House

Members, it has been drawn to my attention that a recent decision of the High Court raises a general matter of privilege that requires further examination. This matter has not been raised by a complaint from a member, but it is my opinion that the subject is sufficiently important enough to exercise my authority under Standing Order 414. The decision in Staples v Freeman [2021] NZHC 1308, dated 4 June 2021, relates to an action for defamation and substantively considers a speech made in the House on 23 July 2014. The issue for consideration by the Privileges Committee is whether the court’s treatment of the member’s speech in its determination of the action for defamation compromises the House’s privilege of free speech as described in the Parliamentary Privilege Act 2014 and in article 9 of the Bill of Rights 1688. The Privileges Committee is the body that the House has established to investigate such matters. It has the power to hear evidence and to formulate recommendations for the House that will provide guidance for the future.