Parliament Bill

2.1. Are there any publicly available inquiry, review or evaluation reports that have informed, or are relevant to, the policy to be given effect by this Bill?

YES

Some of the policy proposals in the bill have been informed by a number of reviews:

·         Report of the Sixth Triennial Appropriations Review Committee, Parliamentary Appropriations, 6 November 2015: https://bills.parliament.nz/v/4/7bcb9255-517f-4d17-a163-1daa33b20b9e

·         Report of the Seventh Triennial Appropriations Review Committee, Towards a World-Leading Democracy, 17 August 2018: https://bills.parliament.nz/v/4/224be721-aed8-4a1c-8768-f90d441047a3 

·         Report of the Speaker of the House of Representatives and the Minister Responsible for Ministerial Services on the review of the operation of the Members of Parliament (Remuneration and Services) Act 2013, July 2020: https://bills.parliament.nz/v/4/017e475c-6a54-44cf-a5be-b17cebc6b897.

2.2. Does this Bill seek to give effect to New Zealand action in relation to an international treaty?

NO

2.3. Were any regulatory impact statements provided to inform the policy decisions that led to this Bill?

YES

Five Regulatory Impact Statements were prepared for this Bill:

·         Regulatory Impact Statement 1: Parliament Bill – Overview, Office of the Clerk and Parliamentary Service, 6 September 2021

·         Regulatory Impact Statement 2: Parliament Bill – Organisational Matters for the Parliamentary Agencies, 6 September 2021

·         Regulatory Impact Statement 3: Parliament Bill – Operation of the Parliamentary Precinct, 6 September 2021

·         Regulatory Impact Statement 4: Parliament Bill – Funding Arrangements for Parliament, 6 September 2021

·         Regulatory Impact Statement 5: Provision of Funding for Members’ Work Expenses, 6 September 2021

Additionally, a supplementary analysis report was prepared for the policy proposals relating to the funding arrangements for Parliament—Supplementary Analysis Report: Funding Arrangements for Parliament, 22 September 2022.

All RISs are accessible at https://www.parliament.nz/en/footer/about-us/parliament-bill/ and can also be found and downloaded at https://www.treasury.govt.nz/publications/legislation/regulatory-impact-assessments.  

2.3.1. If so, did the RIA Team in the Treasury provide an independent opinion on the quality of any of these regulatory impact statements?

NO

The RISs identified above did not meet the threshold for receiving an independent opinion on the quality of the RISs from the RIA Team based in the Treasury.  

2.3.2. Are there aspects of the policy to be given effect by this Bill that were not addressed by, or that now vary materially from, the policy options analysed in these regulatory impact statements?

YES

The following additional policy decisions were made after the proposals had been analysed in the regulatory impact statements:

·         The new security arrangements given to parliamentary security officers on the parliamentary precinct will now extend to electorate and community offices and to select committee hearings that take place off precinct.

·         The upper age limit of 68 years for the Clerk of the House of Representatives will be removed.

·         The role of the chief executive of the Parliamentary Service will have new restrictions imposed, to align with the role of the Clerk of the House—for example, the chief executive must not hold any paid or unpaid office or undertake any paid employment outside their appointment as chief executive.

·         The term of a chief executive of the Parliamentary Service will increase to 7 years; the person in the role will be eligible for reappointment after serving that term.

·         Details about the roles of Speaker and Deputy Speaker will be made clear, including that the Speaker may generally delegate to the Deputy Speaker, and that the holders of those offices on the polling day of a general election retain those roles until the first meeting of the House.

·         The House will no longer appoint some members of the Parliamentary Service Commission; instead, its membership will be the Speaker and one member of every recognised party; parties with 30 or more members may have a second member who is not a Minister or a Parliamentary Under-Secretary.

·         Following an election, a candidate’s eligibility for expenses and services as a member will be based on any available results from the Electoral Commission before the official results are declared.

·         The Remuneration Authority will be required to notify the leader of each recognised parliamentary party of its decisions about travel and accommodation expenses, rather than just the Prime Minister and the Leader of the Opposition.

·         The Speaker’s approval will no longer be required for the Office of the Clerk’s appointment review procedure (this is the procedure used following a complaint by an employee about an appointment).     

2.4. Has further impact analysis become available for any aspects of the policy to be given effect by this Bill?

NO

2.5. For the policy to be given effect by this Bill, is there analysis available on:

(a)   the size of the potential costs and benefits?

YES

(b)   the potential for any group of persons to suffer a substantial unavoidable loss of income or wealth?

NO

Analysis on the costs and benefits of the Bill can be found in each of regulatory impact statement:

·         Regulatory Impact Statement 1—pages 14 to 15

·         Regulatory Impact Statement 2—pages 18 to 19, 32 to 34, 44 to 45, 55 to 56

·         Regulatory Impact Statement 3—pages 19 to 21

·         Regulatory Impact Statement 4—pages 26 to 28, 38 to 39

·         Regulatory Impact Statement 5—pages 18 to 20, 34 to 35

·         Supplementary Analysis Report—pages 32 to 33.

All RISs are accessible at https://www.parliament.nz/en/footer/about-us/parliament-bill/ and can also be found and downloaded at https://www.treasury.govt.nz/publications/legislation/regulatory-impact-assessments.  

2.6. For the policy to be given effect by this Bill, are the potential costs or benefits likely to be impacted by:

(a)   the level of effective compliance or non-compliance with applicable obligations or standards?

NO

(b)   the nature and level of regulator effort put into encouraging or securing compliance?

NO

3.1. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with New Zealand’s international obligations?

No international obligations relevant to the Bill have been identified through the policy process.

3.2. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with the principles of the Treaty of Waitangi?

The Office of the Clerk and the Parliamentary Service considered the impact of policies in this Bill on the rights and interests of iwi/Māori, and the Crown’s obligations under the Treaty of Waitangi/Te Tiriti o Waitangi. The Office of the Clerk and the Parliamentary Service consulted with Te Arawhiti and Te Puni Kōkiri during the bill’s development. No issues concerning consistency with Treaty of Waitangi obligations were identified or raised through the policy process.

As part of recognising that the Parliamentary operations should be guided by the Crown’s Treaty of Waitangi obligations, the inclusion of a specific Treaty clause was considered. Consultation was undertaken with Te Arawhiti, the Ministry of Justice, and Crown Law on the potential inclusion of a Treaty of Waitangi clause in the bill. After consideration of feedback from these agencies, it was decided not to go ahead with a Treaty clause.

3.3. Has advice been provided to the Attorney-General on whether any provisions of this Bill appear to limit any of the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990?

YES

The Ministry of Justice’s advice to the Attorney-General is expected to be publicly available at https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports/advice/ upon the Bill's introduction to the House.

3.4. Does this Bill create, amend, or remove:

(a)   offences or penalties (including infringement offences or penalties and civil pecuniary penalty regimes)?

YES

(b)   the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)?

YES

Offences and penalties

The Bill re-enacts the existing maximum fine for contempt of the House of Representatives set out in section 22(1) of the Parliamentary Privilege Act 2014:

·         Clause 29—House of Representatives may impose fine for contempt of House of Representatives (liable on resolution of the House for a fine of up to $1,000)

The Bill creates three new offences:

·         Clause 115—Offence to solicit or attempt to influence Clerk when making decision about individual employee (liable on conviction of a fine of up to $2,000)

·         Clause 140—Offence to solicit or attempt to influence chief executive when making decision about individual employee (liable on conviction of a fine of up to $2,000)

·         Clause 141—Offence to resist, assault, or obstruct parliamentary security officer or person assisting them (liable on conviction of a fine of up to $1,000 or to up to 3 months imprisonment).

Jurisdiction of a court or tribunal

Part 2 of the Bill sets out provisions concerning parliamentary privilege. Some of these provisions relate to the jurisdiction of the courts in specific situations. These are re-enacted from the Parliamentary Privilege Act 2014 with no policy changes.

3.4.1. Was the Ministry of Justice consulted about these provisions?

YES

The Ministry of Justice was consulted during the policy development phase and on a draft version of the bill before it was introduced.

The Ministry of Justice had questions regarding the reasoning behind the penalty levels for the offences. The penalty for soliciting or attempting to influence the Clerk or chief executive mirror a comparable provision in the Public Service Act 2020. The penalty for resists, assaulting, or obstructing parliamentary security officers is not dissimilar to the existing penalties in other legislation and would give the courts flexibility to tailor the fine to the specifics of the offending.

The Ministry of Justice indicated that it was comfortable with the penalty levels based on this explanation.  

3.5. Does this Bill create, amend or remove any provisions relating to the collection, storage, access to, correction of, use or disclosure of personal information?

YES

Clause 120 re-enacts section 31 of the Clerk of the House of Representatives Act 1988 and provides that Part 4 of the Official Information Act 1982 applies to the Office of the Clerk, meaning that a person who is a body corporate has the right to be given access to personal information held by the Office of the Clerk about that person.

Clause 80 allows the Remuneration Authority to require certain persons to provide information that the Authority considers necessary for the purposes of making a determination about travel and accommodation expenses.

Clause 8 of Schedule 5 allows the heads of the parliamentary agencies to ask applicants for certain positions to provide information about the applicant’s political activity, and to use that information to be satisfied that the applicant is capable of carrying out the position in a politically impartial manner.

Part 7 of the Bill relates to the powers and duties of parliamentary security officers (PSOs). These powers may be exercised on precinct, at electorate and community offices, and at parliamentary meetings off precinct. Specific provisions that relate to personal information are:

·         clause 169 allows a PSO, if the officer has reasonable grounds, to ask a person to provide the officer with the person’s name and address, evidence of that, and the reason for wanting to be or being on the parliamentary precincts

·         clause 170 allows a PSO to ask a person to undertake a search of the person or any property in the person’s possession or control, as outlined in the section, if they want to enter or remain in the precinct—this must be with the person’s consent but the PSO can deny entry or remove the person if the person does not consent

·         clause 172 allows a PSO to ask a person whose person or property is searched under clause 170 to hand over to the officer any item detected during the search so that the officer may examine it (these items may then be temporarily retained or seized under clauses 174 and 176)

·         clause 177 allows a PSO to ask a person to provide the person’s full name, address, and date of birth, where the PSO has reasonable grounds to believe the person may have recently committed or be about to commit a specified offence.

Clause 231 amends the Privacy Act 2020 to make personal information obtained by a PSO under the new powers subject to the Privacy Act 2020. Currently, the Parliamentary Service is only subject to the Privacy Act in respect of personal information held in respect of employment matters.

3.5.1. Was the Privacy Commissioner consulted about these provisions?

YES

The Office of the Privacy Commissioner was consulted on the potential privacy impacts of the Bill. Their feedback is reflected in the Bill, in particular the extension of the Privacy Act 2020 to cover personal information obtained by PSOs under the new powers provided by the Bill.

3.6. Has there been any external consultation on the policy to be given effect by this Bill, or on a draft of this Bill?

NO

3.7. Have the policy details to be given effect by this Bill been otherwise tested or assessed in any way to ensure the Bill’s provisions are workable and complete?

NO

4.1. Does this Bill contain any provisions that could result in the compulsory acquisition of private property?

NO

4.2. Does this Bill create or amend a power to impose a fee, levy or charge in the nature of a tax?

NO

4.3. Does this Bill affect rights, freedoms, or impose obligations, retrospectively?

NO

4.4. Does this Bill:

(a)   create or amend a strict or absolute liability offence?

NO

(b)   reverse or modify the usual burden of proof for an offence or a civil pecuniary penalty proceeding?

NO

4.5. Does this Bill create or amend a civil or criminal immunity for any person?

YES

Immunity of employees

·         Clauses 117 and 134 provide that the heads and employees of the parliamentary agencies are immune from liability in civil proceedings for good-faith actions or omissions if they are performing or exercising or intending to perform or exercise their functions, duties, or powers. This is modelled on section 104 of the Public Service Act 2020, which provides this immunity to public service chief executives and employees.

·         Clause 138 provides that PSOs and people called on to assist PSOs are not liable in any criminal or civil proceedings for any act done or omitted to be done in good faith in the performance or exercise, or intended performance or exercise, of a parliamentary security officer’s powers and duties under the bill. This immunity is necessary to ensure that PSOs are able to carry out their statutory functions effectively.

Prohibited impeaching or questioning of proceedings in Parliament

The Bill also re-enacts the provisions in the Parliamentary Privilege Act 2014 which clarify the effect of Article 9 of the Bill of Rights 1688. These provisions (see clauses 18-22) prohibit certain uses of proceedings in Parliament in any court or tribunal, which can effectively amount to an immunity for those participating in proceedings in Parliament. There are some limited exceptions for certain criminal offences, set out in clause 17(2).

Qualified immunity

Clause 26 re-enacts an existing provision from the Parliamentary Privilege Act 2014 which protects certain communications that are a fair and accurate report of, extract from, or delayed communication of proceedings in Parliament and gives them qualified immunity.

4.6. Does this Bill create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests?

YES

Clause 56 provides that the Speaker has the powers of an occupier under the Trespass Act 1980 in relation to the parliamentary precincts. This clause re-enacts the existing power in section 26(2) of the Parliamentary Service Act 2000.

Part 7 relates to the powers and duties of parliamentary security officers (PSOs). The Bill provides PSOs with statutory powers of consent search, denial of entry, temporary seizure of specified items, and temporary detention (subject to statutory limitations) (see Part 7). The powers are modelled on those provided to court security officers by the Courts Security Act 1999.

The following safeguards will apply to the exercise of these powers, in order to ensure that they are properly constrained and used appropriately:

·         The powers may only be used in the parliamentary precincts, at certain parliamentary meetings that take place off-precinct, and at members’ electorate and community offices in certain circumstances (Part 7 subpart 1).

·         PSOs must promptly contact the New Zealand Police to arrange the attendance of a Police officer if they seize an item or detain a person (clauses 176(3) and 178(3)).

·         PSOs will not be permitted to exercise these powers in relation to members, officers of the House, or any other person exempted by the Speaker (clauses 186-188). They will also not be permitted to exercise the powers in relation to a person if a Police officer is dealing with the person (clause 189).

·         A person may only be appointed as a PSO if the chief executive is satisfied that they are suitably qualified and trained to exercise the powers of a PSO (clause 136).

·         The powers must be exercised in a manner that is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990.

4.7. Does this Bill create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation?

NO

4.8. Does this Bill create or amend any other powers to make delegated legislation?

YES

Adding land to the parliamentary precincts

Clause 52 allows the House, by resolution, to add land or premises to the parliamentary precincts or exclude land from the parliamentary precincts. It must be land or premises in which the Crown or the Parliamentary Corporation holds an interest. A resolution is secondary legislation and is required to be published on the legislation website, but is not disallowable or required to be presented to the House.

Determinations by the Remuneration Authority

Under clauses 70 to 73, the Remuneration Authority is required to determine:

·         salaries and allowances to be paid to members in accordance with the Remuneration Authority Act 1977.

·         travel expenses within New Zealand for the family members of members, Ministers, and eligible candidates (these can only be made once in each term of Parliament but can be amended under clause 77 and amendments are also secondary legislation)

·         accommodation expenses within New Zealand for Ministers

·         annuity of former Prime Ministers

·         travel expenses for former Prime Ministers.

All determinations are secondary legislation. All are required to be published on the legislation website, but are not disallowable or required to be presented to the House.

Determinations by the Speaker

Under clauses 84 to 88, the Speaker must determine:

·         travel and accommodation expenses within New Zealand for members, eligible candidates, and vacating members (for the purpose of enabling the vacating member to attend to matters associated with leaving Parliament)

·         travel and accommodation expenses outside New Zealand for members

·         travel and accommodation expenses outside New Zealand for an accompanying spouse or partner of a member who is a party leader

·         administrative and support services to be provided to members, eligible candidates, and parties

·         communication services that the Parliamentary Service must provide to members, eligible candidates, and vacating members (for the purpose of enabling the vacating member to attend to matters associated with leaving Parliament)

·         in respect of party and member support funding, how the funding is allocated, what it may be used for, how it must be administered, and what requirements must be met before payments from the funding may be made

·         travel and accommodation expenses for official inter-parliamentary relations and political exchange programmes.

All determinations are secondary legislation. All must be published by the Speaker and presented to the House, but are not disallowable. Clause 90 provides that amendments to Determinations made under sections 84 to 88 may only be made once in each term of Parliament. Amendments to such determinations are also secondary legislation.

Determinations by the Minister responsible for Ministerial Services

Under clause 95, the Minister responsible for ministerial services must determine travel expenses for travel within New Zealand by Ministers. Amendments can be made under clause 97. Both determinations and amendments are secondary legislation. They must be published by the Minister and presented to the House, but are not disallowable.

4.9. Does this Bill contain any provisions (other than those noted above) that are unusual or call for special comment?

NO