37 Seating

(1) As far as practicable, each party occupies a block of seats in the Chamber.

(2) The Speaker decides any dispute as to the seats to be occupied.

38 Minister to be present

A Minister must be present during all sitting hours of the House. If a Minister is not present, the Speaker interrupts proceedings and the bell is rung for up to five minutes. Where no Minister appears, the Speaker adjourns the House until the time for its next sitting.

39 Strangers may be ordered to withdraw

(1) A member may move, without notice, that strangers be ordered to withdraw. In moving the motion, the member informs the House of the circumstances that warrant the order.

(2) There is no amendment or debate on the question.

40 Effect of order that strangers withdraw

If the House resolves that strangers be ordered to withdraw,—

(a) all strangers must leave the galleries, and

(b) all members of the parliamentary press gallery must leave that gallery, and

(c) official reporters and attendants must leave the Chamber and no official report of the proceedings is made, and

(d) no recording, transmission, or broadcast of proceedings may be made.

The Clerk makes a note of proceedings for the Journals of the House.

41 Strangers interrupting proceedings

The Speaker or the Serjeant-at-Arms may require strangers who interrupt proceedings or who otherwise misconduct themselves to leave the galleries and the parliamentary precincts.

42 Speaker controls admission

On behalf of the House, the Speaker controls admission to the Chamber, the lobbies and the galleries, and may from time to time issue rules setting out who may be admitted to those areas and governing their conduct there.

12 Proceedings on meeting of new Parliament

On the first day of the meeting of a new Parliament the business is as follows:

(a) the House awaits the arrival of the Royal commissioners:

(b) after the arrival of the Royal commissioners, the Clerk reads their commission:

(c) when the Royal commissioners have withdrawn, the Clerk (or other person so authorised) reads the commission authorising the administration of the oath or affirmation required by law:

(d) the Clerk lays on the Table lists of the names of the members elected to serve in the House:

(e) members are called in alphabetical order to take the oath or make the affirmation required by law:

(f) the House then proceeds to the election of a Speaker.

13 Further provision for swearing-in of members

(1) A member taking the oath or making the affirmation is called to the Table for only this purpose and must do so using only the words required by law. A member who fails to take the oath or make the affirmation in that manner must withdraw immediately, and may not sit or vote in the House or serve on a committee until that member has taken the oath or made the affirmation required by law.

(2) Members who are unable to take the oath or make the affirmation at the time appointed by Standing Order 12(e) and persons becoming members of Parliament subsequent to the general election may take the oath or make the affirmation by presenting themselves at the bar of the House.

(3) The Speaker interrupts the business as convenient and calls the member to the Table for the purpose. If this occurs during the election of the Speaker, the Clerk interrupts the proceedings for the purpose.

14 Proceedings on day of State Opening

(1) On the second day of the meeting of a new Parliament and on the first day of each subsequent session of Parliament,—

(a) the Speaker reads prayers and reports the Speaker’s confirmation in office and any other communication from the Governor-General:

(b) the House awaits a message from the Governor-General requesting its attendance; on receiving such a message, the Speaker and members attend accordingly:

(c) the Speaker reports to the House the Governor-General’s speech and lays a copy of it on the Table:

(d) the announcement of the presentation of petitions and papers or of the introduction of bills may be made:

(e) Government orders of the day relating to the appointment of the Deputy Speaker and Assistant Speakers and to the reinstatement of business may be considered.

(2) The Speaker may then suspend the sitting to permit the moving of the Address in Reply at 2 pm that day, or the House may adjourn.

15 Clerk acts as chairperson

For the purposes of the election of a Speaker, the Clerk acts as chairperson and calls for nominations.

16 Nomination of members

(1) Any member may, on being called by the Clerk, nominate another member for election as Speaker. A nomination must be seconded.

(2) A member who is absent may be nominated for election as Speaker only if that member’s absence is on account of extraordinary circumstances beyond his or her control. The Clerk will accept the nomination only if the Clerk has received the absent member’s written consent to being nominated.

(3) No question is proposed on the election of a Speaker and no debate may arise in connection with it.

17 One member nominated

If only one member is nominated for election as Speaker, the Clerk declares that member elected.

18 Two members nominated

If two members are nominated for election as Speaker, the election is decided by a personal vote. In the event of a tie, the Clerk again calls for nominations.

19 More than two members nominated

(1) If more than two members are nominated for election as Speaker,—

(a) the bells are rung for seven minutes; after the bells have stopped the doors are closed and locked:

(b) the Clerk states the names of the members nominated and calls on each member, in alphabetical order, to vote for one of the candidates:

(c) members vote by standing in their places on being called by the Clerk and stating the name of the member for whom they vote; a member may abstain:

(d) if a member receives the votes of a majority of the members voting, the Clerk declares that member elected:

(e) otherwise, the member with the fewest votes is eliminated and the votes are taken again for the remaining members until their number is reduced to two:

(f) when the number of members is reduced to two, the election is decided by a personal vote as provided in Standing Order 18.

(2) In the event of a tie in any personal vote, the Clerk calls for nominations for election again.

(3) Where, under paragraph (1)(e), there is more than one member with the fewest votes, that vote is taken again. If, after the vote is retaken, there is still more than one member with the fewest votes, the Clerk must determine by lot which member is to be eliminated.

20 No proxies permitted

On the election of a Speaker no vote may be cast, or abstention recorded, by proxy.

21 Election of Speaker

A member, on being elected by the House, takes the Chair as Speaker-Elect and the Mace is laid upon the Table.

22 Adjournment following election of Speaker

After electing a Speaker, the House adjourns until the time indicated by the Governor-General for the delivery of the Speech from the Throne. The Speaker-Elect seeks the Governor-General’s confirmation as Speaker before the next sitting of the House.

23 Speaker to lay claim to privileges of House

On being confirmed by the Governor-General as Speaker of a new Parliament, the Speaker, on behalf of the House, lays claim to all the House’s privileges; especially to freedom of speech in debate, to free access to the Governor-General whenever occasion may require it, and that the most favourable construction may be put on all the House’s proceedings.

24 Speaker reports to House

The Speaker must report to the House the Governor-General’s decision as to confirmation and the Governor-General’s reply to the Speaker’s claim to the House’s privileges.

25 Vacancy in Speakership

(1) When, during the term of Parliament, the office of Speaker becomes vacant, the Clerk reports the vacancy to the House at its next sitting and the House proceeds to the election of a Speaker as prescribed in Standing Orders 15 to 21.

(2) After electing a Speaker, the House adjourns until the next sitting day. The Speaker-Elect seeks the Governor-General’s confirmation as Speaker before the next sitting of the House.

26 Deputy Speaker

The House appoints a member to be Deputy Speaker.

27 Powers of Deputy Speaker

The Deputy Speaker performs the duties and exercises the authority of the Speaker in relation to all proceedings of the House during a sitting and an adjournment of the House and during any recess of Parliament.

28 Assistant Speakers

(1) The House may appoint up to two members to be Assistant Speakers.

(2) An Assistant Speaker performs the duties and exercises the authority of the Speaker while presiding over the House.

29 Term of office

The Deputy Speaker and any Assistant Speaker hold office during the remaining term of Parliament unless the House otherwise directs.

30 Party leader or whip not to be presiding officer

No member who is the leader of a party or who holds office as a whip may be appointed Deputy Speaker or Assistant Speaker.

31 Vacancy in office

When a vacancy occurs in the office of Deputy Speaker or Assistant Speaker, the House appoints a new Deputy Speaker or Assistant Speaker.

32 Absence of Speaker

In the absence of the Speaker, the Deputy Speaker or an Assistant Speaker may take the Chair.

33 Temporary Speaker

(1) The Speaker may, while presiding over the House, ask any member to take the Chair. The member, on being asked, may take the Chair as temporary Speaker.

(2) A temporary Speaker performs the duties and exercises the authority of the Speaker while presiding over the House.

34 Recognition of parties

(1) Every political party registered under Part 4 of the Electoral Act 1993, and in whose interest a member was elected at the preceding general election or at any subsequent by-election, is entitled to be recognised as a party for parliamentary purposes.

(2) Independent members, or members who cease to be members of the party for which they were originally elected, may be recognised, for parliamentary purposes,—

(a) as members of an existing recognised party if they inform the Speaker in writing that they have joined that party with the agreement of the leader of that party, or

(b) as a new party if they apply to the Speaker and their new party—

(i) is registered under Part 4 of the Electoral Act 1993, and

(ii) has at least six members of Parliament, or

(c) as members of a component party in whose interest those members stood as constituency candidates at the preceding general election if they inform the Speaker in writing that they wish to be so recognised.

(3) A party that has been recognised as a new party under paragraph (2)(b) loses its recognition if its membership falls below six members of Parliament.

(4) Any member who is not a member of a recognised party is treated as an Independent member for parliamentary purposes.

35 Notification of party details

(1) A party must inform the Speaker of—

(a) the name by which it wishes to be known for parliamentary purposes, and

(b) the identity of its leader and other office-holders, such as deputy leader and whips, and

(c) its parliamentary membership.

The Speaker must be informed of any change in these matters.

(2) A coalition between two or more parties must be notified to the Speaker, but each party to the coalition remains a separate party for parliamentary purposes.

(3) In the period between a general election and the House electing a Speaker, the matters specified in this Standing Order may be notified to the Clerk.

36 Leader of the Opposition

The leader of the largest party in terms of its parliamentary membership that is not in Government or in coalition with a Government party is entitled to be recognised as Leader of the Opposition.

43 Sittings of the House

(1) The House sits as follows:

Tuesday and Wednesday: 2 pm to 6 pm and 7.30 pm to 10 pm

Thursday: 2 pm to 6 pm.

(2) On a Tuesday and a Wednesday, the sitting is suspended at 6 pm until 7.30 pm.

44 Broadcasting

(1) The proceedings of the House are broadcast on radio during all hours of sitting and are available for television coverage.

(2) When the Clerk, or a provider of official radio, television, or other coverage on behalf of the Clerk, broadcasts, transmits, or otherwise makes available either live or recorded coverage of the proceedings of the House or any public proceedings of a select committee, the Clerk or that provider does so under the authority of the House.

(3) A provider of official television coverage of the House, or any other person filming from the gallery, must comply with the rules set out in Part A of Appendix D.

(4) Any use of the official television coverage of the House, in any medium, must comply with the conditions set out in Part B of Appendix D.

45 Appointment of Monday, Friday, or Saturday as sitting day

Any other day (other than a Sunday) may be ordered by the House to be a sitting day. On such a sitting day, the sitting hours are as for a Tuesday unless the House provides otherwise.

46 No Sunday sitting

The House must not sit on a Sunday. Whenever a sitting extends to midnight or, in committee, five minutes before midnight, on a Saturday, proceedings are interrupted as provided in Standing Order 49 or 50 respectively.

47 Adjournment of House

(1) At the conclusion of each sitting, the House adjourns until its next sitting day.

(2) Any motion for the adjournment of the House may be moved only by a Minister.

48 Speaker may suspend sitting or adjourn House

(1) The Speaker may suspend a sitting or adjourn the House if the Speaker thinks it is necessary to do so—

(a) to maintain order, or

(b) in the event of an emergency situation.

(2) Whenever the Speaker suspends a sitting, the Speaker decides when the sitting should resume.

(3) Whenever the Speaker adjourns the House, it stands adjourned until its next sitting day.

49 Conclusion of a sitting

(1) Business before the House at the conclusion of each sitting is interrupted by the Speaker and set down for resumption on the next sitting day, but a motion for the adjournment of the House lapses.

(2) Whenever the next business would require the House to go into committee within five minutes of the time for the conclusion of a sitting, the Speaker adjourns the House until its next sitting day.

50 Interruption when House in committee

(1) Whenever the House is in committee five minutes before the time for the conclusion of a sitting, the chairperson interrupts the business and leaves the Chair.

(2) On the Speaker resuming the Chair, the chairperson reports to the House the business transacted in committee. After the House deals with the report, the Speaker adjourns the House until its next sitting day.

51 Interruption deferred when vote in progress

Whenever, at the time for the Speaker or the chairperson to interrupt business, a question is being put to the House or a vote is in progress or the closure is carried, the interruption of business is deferred until the question (in the case of the closure, the main question) is determined.

52 Resumption of business

Business interrupted by the Speaker or the chairperson for whatever reason is resumed at the point of interruption.A member whose speech was interrupted may speak first on the resumption of the debate. If the member does not exercise the right to speak first when the debate resumes, the member’s speech is concluded.

53 Early sitting or postponement of sitting during adjournment

(1) Whenever the House is adjourned and it appears to the Prime Minister desirable in the public interest that the House should sit at an earlier time than that to which it is adjourned, the Prime Minister, after consulting with the leaders of all other parties, may inform the Speaker that the House should sit at an earlier time.

(2) The Speaker, on being informed under paragraph (1), decides on a day that is appropriate for the House to sit and notifies members accordingly. The House sits on the day determined by the Speaker.

(3) If the House is adjourned and—

(a) an epidemic notice given under the Epidemic Preparedness Act 2006 is in force, and

(b) it appears to the Prime Minister, on the written recommendation of the Director-General of Health, that the postponement of the next sitting of the House is necessary for the effective management of a serious outbreak of a disease affecting people,—

the Prime Minister, after consulting the leaders of all other parties, may inform the Speaker that the next sitting of the House should be postponed to a specified date within one month of the date originally scheduled for the next sitting.

(4) The Speaker, on being informed under paragraph (3), may postpone the next sitting of the House and notify members accordingly. The House sits on the day determined by the Speaker.

(5) A sitting of the House—

(a) may be postponed more than once under paragraph (4), but

(b) may not be postponed under paragraph (4) beyond one month from the date originally scheduled for the next sitting without the agreement of the leaders of all other parties.

(6) If the House is adjourned and an emergency has occurred and, on account of that emergency, it is necessary for additional or alternative arrangements to be made for the House to meet, the Speaker may postpone the next sitting of the House to enable such arrangements to be made, provided that a sitting may not be postponed under this paragraph for more than seven days after the date originally scheduled for the next sitting. The House sits at the time determined by the Speaker.

(7) This Standing Order is subject to any statute that requires the House to sit within a certain time.

54 Extended sitting hours

(1) A sitting of the House may be extended—

(a) on motion without notice, or

(b) by determination of the Business Committee.

(2) Unless the Business Committee determines otherwise, only one motion under paragraph (1)(a) may be moved in any one week, and such a motion—

(a) may be moved only by a Minister,

(b) is moved without amendment or debate on the question,

(c) must relate to the extension of only one sitting day, being either a Tuesday or a Wednesday,

(d) may be moved only if the Government has advised the Business Committee before the week in which it is intended to move for the sitting to be extended, and

(e) must specify which orders of the day are intended to be considered during the extended sitting.

(3) A determination under paragraph (1)(b) may relate to the extension of—

(a) a sitting on a Tuesday, Wednesday, or Thursday:

(b) more than one sitting day in the same week:

(c) sittings in more than one week.

(4) Whenever a sitting has been extended under this Standing Order, the sitting is suspended at the normal time for its conclusion and,—

(a) if the sitting is on a Tuesday or a Wednesday, resumes at 9 am the following day:

(b) if the sitting is on a Thursday, resumes at 7.30 pm, then is suspended at 10 pm, and resumes at 9 am the following day:

(c) concludes when the orders of the day (or other business as determined by the Business Committee) intended to be considered during the extended sitting are dealt with, or at a time determined by the Business Committee, or at 1 pm on the day after the sitting commenced, whichever is the earlier.

55 Urgency

(1) A Minister may move, without notice, a motion to accord urgency to certain business.

(2) A motion for urgency may not be moved until after the completion of general business.

(3) There is no amendment or debate on the question, but the Minister must, on moving the motion, inform the House with some particularity of the circumstances that warrant the claim for urgency.

56 Effect of urgency

(1) If the House agrees to accord urgency to business, that business may be proceeded with to a completion at that sitting of the House, and the sitting is extended accordingly.

(2) Whenever urgency has been accorded,—

(a) the sitting is suspended at the normal time for its conclusion and the House resumes at 9 am on the following day,

(b) despite paragraph (a), if the Government has advised the Business Committee of the intention to move on a Thursday to accord urgency to business, the sitting on that Thursday is suspended between 6 pm and 7.30 pm and between10 pm and 9 am,

(c) a sitting that has been extended is suspended between midnight and 9 am, 1 pm and 2 pm, and 6 pm and 7 pm, and

(d) on a Saturday, the provisions of Standing Order 46 apply.

57 Extraordinary urgency

(1) An urgency motion may be moved as a motion for extraordinary urgency or, after the House has accorded urgency, a Minister may move, without notice, a motion to accord extraordinary urgency to some or all of the business being considered under urgency.

(2) There is no amendment or debate on the question, but the Minister must, on moving the motion, inform the House of the nature of the business and the circumstances that warrant the claim for extraordinary urgency.

(3) Extraordinary urgency may be claimed only if the Speaker agrees that the business to be taken justifies it.

58 Effect of extraordinary urgency

(1) If the House agrees to accord extraordinary urgency to business, that business may be proceeded with to a completion at that sitting of the House, and the sitting is extended accordingly.

(2) Whenever extraordinary urgency has been accorded,—

(a) a sitting which has been extended is suspended between 8 am and 9 am, 1 pm and 2 pm, and 6 pm and 7 pm, and

(b) on a Saturday, the provisions of Standing Order 46 apply.

59 No other business except with leave

Except where otherwise provided, whenever urgency or extraordinary urgency has been entered upon, no business, other than the business for which the urgency was accorded, may be transacted by the House except with leave.

60 Prayers and Mace

On taking the Chair at the commencement of each sitting the Speaker reads a prayer to the House and the Mace is placed upon the Table.

61 Order of business

At each sitting the House transacts its business in the order shown on the Order Paper.

62 Order Paper

(1) The Clerk must prepare an Order Paper for each sitting day showing the business of the House in the order in which it is to be transacted.

(2) The Order Paper is prepared in accordance with the provisions of the Standing Orders as to the order in which business is to be transacted and in accordance with any determination of the Business Committee.

(3) The Order Paper is circulated as early as possible before the House sits. Two or more versions of the Order Paper may be circulated.

63 Types of business

The business of the House consists of the following:

(a) general business:

(b) Government orders of the day:

(c) private and local orders of the day:

(d) Members’ orders of the day.

64 General business

(1) General business is taken in the following order:

1. announcement of the presentation of petitions, papers, and reports of select committees, and the introduction of bills

2. questions for oral answer (including urgent questions)

3. debate on a matter of urgent public importance (if allowed by the Speaker)

4. a general debate (on Wednesdays only)

5. consideration of reports of the Privileges Committee.

(2) General business is held at 2 pm on each sitting day.

65 Government orders of the day

Government orders of the day consist of Government bills, the Address in Reply debate, the debate on the Prime Minister’s statement, consideration of the performance and current operations of Crown entities, public organisations, and State enterprises, and Government notices of motion.

66 Arrangement of Government orders of the day

The Government decides the order in which Government orders of the day are arranged on the Order Paper, subject to any requirements in the Standing Orders that a particular debate be taken ahead of other Government orders of the day.

67 Private and local orders of the day

Private and local orders of the day consist of private bills and local bills.

68 Arrangement of private and local orders of the day

(1) Private and local orders of the day are arranged in the following order:

1. third reading of bills

2. committee stage of bills

3. second reading of bills

4. first reading of bills.

(2) Where the debate on a bill has been interrupted or adjourned, the bill is taken ahead of other bills at the same stage.

69 Members’ orders of the day

Members’ orders of the day consist of Members’ bills, the consideration of reports of committees (other than those of the Privileges Committee), and Members’ notices of motion.

70 Arrangement of Members’ orders of the day

(1) Members’ orders of the day are arranged in the following order:

1. third reading of bills

2. committee stage of bills

3. second reading of bills

4. first reading of bills

5. consideration of reports of committees

6. notices of motion.

(2) Where the debate on a bill has been interrupted or adjourned, the bill is taken ahead of other bills at the same stage.

71 Orders of the day not reached

Orders of the day that are not reached are, subject to the Standing Orders, automatically set down on the following day’s Order Paper.

72 Discharge or postponement of order of the day

(1) An order of the day may be discharged or postponed—

(a) on motion without notice, or

(b) by the member in whose name the order stands informing the Clerk accordingly, or

(c) by determination of the Business Committee.

(2) There is no amendment or debate on the question to discharge or postpone an order of the day.

(3) An order of the day for the first reading of a Member’s bill—

(a) may not be postponed under paragraph (1)(b):

(b) if postponed under paragraph (1)(c), is arranged on the Order Paper as determined by the Business Committee.

(4) Subject to paragraph (5), the order of the day for consideration of the report of a select committee is discharged if not dealt with within 15 sitting days or within 15 sitting days of the presentation of a Government response that relates to it, as the case may be.

(5) A select committee report that is selected for debate under Standing Order 247(4) is not discharged under paragraph (4), and bills that subsequently become available for first reading are arranged on the Order Paper after that report unless the Business Committee determines otherwise.

73 Tuesdays and Thursdays

At a Tuesday and a Thursday sitting (and on any other day specially appointed by the House to be a sitting day) Government orders of the day are taken ahead of private and local orders of the day and Members’ orders of the day.

74 Wednesdays

(1) At a Wednesday sitting private and local orders of the day and Members’ orders of the day alternate with Government orders of the day as to precedence.

(2) Government orders of the day are always taken first on a Wednesday if the Address in Reply debate, the debate on the Prime Minister’s statement, or the Budget debate is before the House.In these circumstances private and local orders of the day and Members’ orders of the day are taken first on the next Wednesday.

75 Business Committee

(1) The Speaker convenes a Business Committee at the commencement of each Parliament. The Speaker chairs the Business Committee.

(2) Every party is entitled to be represented at each meeting of the committee by one member nominated by its leader.

(3) The names of the members nominated are to be given to the Speaker.

76 Basis of making decisions in Business Committee

(1) The committee reaches decisions on the basis of unanimity or, if this is not possible, near-unanimity having regard to the numbers in the House represented by each of the members of the committee.

Near-unanimity means agreement has been given on behalf of the overwhelming majority of members of Parliament.

(2) The Speaker is the judge of whether unanimity is possible and, if it is not, whether a sufficient degree of near-unanimity has been reached for there to be an effective determination by the committee.

(3) Before determining that near-unanimity has been reached, the Speaker must be satisfied that, having regard to the party membership in the House, the proposed determination is fair to all parties and does not discriminate against or oppress a minority party or minority parties.

77 Business of House

The Business Committee may determine—

(a) the order of business to be transacted in the House:

(b) when business will be transacted in the House:

(c) the time to be spent on an item of business:

(d) that any two or more items of business may be taken together for the purpose of debate:

(e) how time on an item of business is to be allocated among the parties represented in the House:

(f) the speaking times of individual members on an item of business:

(g) any other matters delegated to the committee under the Standing Orders.

78 Determination of Business Committee

(1) A determination of the Business Committee takes effect when it is notified in writing to all members of Parliament. A determination must be published and circulated on the Order Paper before any sitting of the House at which it is to apply.

(2) A determination of the Business Committee applies despite any other Standing Order to the contrary.

79 Sitting programme

(1) The Business Committee must recommend to the House a programme of sittings for each calendar year.

(2) The recommended programme of sittings is to be made to the House not later than the third sitting day in the preceding December or, if the House does not sit in December, not later than the sitting day before the House is due to adjourn.

(3) The recommended programme must require the House to sit first no later than the last Tuesday in February and to sit in total on about 90 days in the calendar year.

(4) On being adopted by the House, the sitting programme operates subject to any decision by the House to the contrary.

80 Reinstatement of business

Business that had lapsed with the dissolution or expiration of Parliament and which is reinstated by resolution of the House in the next Parliament is resumed in that Parliament at the stage it had reached in the previous Parliament.

1 Purpose

These Standing Orders contain rules for the conduct of proceedings in the House of Representatives and for the exercise of powers possessed by the House. They are not intended to diminish or restrict the House’s rights, privileges, immunities, and powers.

2 Interpretation

The Speaker (or other member presiding) is responsible for ruling whenever any question arises as to the interpretation or application of a Standing Order and for deciding cases not otherwise provided for. In all cases the Speaker will be guided by previous Speakers’ rulings and by the established practices of the House.

3 Definitions

(1) In these Standing Orders, if not inconsistent with the context,—

amendment includes a new clause

Clerk means the Clerk of the House of Representatives or, if the office is vacant or the Clerk is absent from duty, means the Deputy Clerk of the House of Representatives or a person appointed by the Speaker to act as Clerk of the House of Representatives; and includes any person authorised by the Clerk to perform any of the functions or exercise any of the powers of the Clerk under these Standing Orders

clerk of the committee means the Clerk of the House of Representatives or a person authorised by the Clerk to be clerk of a committee

Crown entity means a statutory entity or a Crown entity company named or described in Schedules 1 or 2 of the Crown Entities Act 2004, and includes Crown entity subsidiaries

department means a department within the meaning of the Public Finance Act 1989

fiscal aggregates means the Government’s intentions for fiscal policy, in particular, for the following:

(a) total operating expenses:

(b) total operating revenues:

(c) the balance between total operating expenses and total operating revenues:

(d) the level of total debt:

(e) the level of total net worth

Government notice of motion means a notice of motion given by a Minister

leave, or leave of the House or leave of the committee, means permission to do something that is granted without a dissentient voice

Member’s notice of motion means a notice of motion given by a member who is not a Minister

New Zealand court means the Supreme Court, the Court of Appeal, the High Court, or a District Court; or any of the following specialist courts: the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007, the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953, the Employment Court, the Environment Court, the Maori Appellate Court, and the Maori Land Court

Office of Parliament means an Office of Parliament within the meaning of the Public Finance Act 1989

order of the day means a bill or other item of business that has been set down for consideration by the House

parliamentary precincts means the parliamentary precinctswithin the meaning of the Parliamentary Service Act 2000

party means the parliamentary membership of a political party that is recognised as a party for parliamentary purposes under the Standing Orders

person includes an organisation

preliminary clauses means the title clause and the commencement clause and, if applicable, a principal Act clause

principal Act clause means a clause confined to stating that a bill amends an existing Act

public organisation means any organisation (other than a Crown entity or a State enterprise) that the House resolves to be a public organisation

regulation means a regulation within the meaning of the Regulations (Disallowance) Act 1989

Serjeant-at-Arms means any officer appointed by the Crown, on the recommendation of the Speaker, to be the Serjeant-at-Arms to the House; and includes any person performing the functions or exercising the powers of Serjeant-at-Arms by direction of the Speaker

State enterprise means a State enterprise within the meaning of the State-Owned Enterprises Act 1986

Wellington area means the cities of Wellington, Hutt, Upper Hutt, and Porirua, and the Paekakariki/Raumati and Paraparaumu Wards of the Kapiti Coast District

working day means any day of the week other than—

(a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, Waitangi Day, and the day on which Wellington Anniversary is observed, and

(b) any anniversary or other day observed as a public holiday in a locality to which a particular local bill or private bill subject to procedures under these Standing Orders relates, and

(c) a day in the period commencing with 25 December in any year and ending with 15 January in the following year

written or in writing means written by hand, typewritten, duplicated, or printed, or partly one and partly one or more of the others, and includes a communication transmitted in facsimile or otherwise electronically.

(2) References in the Standing Orders to the Governor-General, unless the context otherwise requires, are read as necessary as references to the Sovereign, the Administrator of the Government, and Royal commissioners.

(3) Where a report or paper is to be presented or a thing is to be done by or on a particular day or within a limited period of time, it may, if that day or the last day of that period is not a working day, be presented or done on the next working day.

4 Suspension of Standing Orders

(1) A Standing Order or other order of the House may be suspended in whole or in part on motion with or without notice.

(2) A suspension motion may be moved without notice only if at least 60 members are present when the motion is moved.

(3) A suspension motion may not interrupt a debate and must state the object of or reason for the proposed suspension.

(4) An amendment may not be moved to a suspension motion.

5 Limitation on moving suspension

A member who is not a Minister may move a suspension motion only for the purpose of allowing a bill, provision, or other matter in that member’s charge to proceed or be dealt with without compliance with the Standing Order or other order to be suspended.

6 Amendment or revocation of Standing Orders

A Standing Order may be amended or revoked only by motion with notice.

7 Functions of Standing Orders Committee

The Standing Orders Committee—

(a) may conduct a review of the Standing Orders, procedures, and practices of the House:

(b) may consider and report to the House on any matter relating to the Standing Orders, procedures, and practices of the House:

(c) may recommend to the House the amendment, revocation, or addition of any Standing Order or the alteration of any procedure or practice of the House:

(d) considers and reports to the House on any matter referred by the House or otherwise under the Standing Orders.

81 Speaker maintains order

(1) The Speaker maintains order and decorum in the House.

(2) Whenever the Speaker rises during a sitting, members must sit down and be silent so that the Speaker can be heard without interruption.

82 Members to acknowledge Chair

Except when voting, members must make an acknowledgement to the Chair on entering and leaving the Chamber.

83 Members to be seated

Members must be seated when they are in the Chamber except when speaking in debate or voting.

84 Members to stand as Speaker leaves Chamber

When the Speaker is about to leave the Chamber at the conclusion of a sitting, members rise in their places and remain standing until the Speaker has left the Chamber.

85 Points of order

(1) Any member may raise a point of order. A point of order takes precedence of other business until ruled on by the Speaker.

(2) The Speaker may rule on a point of order when it is raised without allowing any discussion apart from that of the member raising the point.

(3) A member raising a point of order and any member permitted by the Speaker to speak to a point of order must put the point succinctly and speak only to the point of order raised. A point of order is heard in silence by the House.

86 Disorderly conduct

(1) The Speaker may order any member whose conduct is highly disorderly to withdraw immediately from the House during the period (up to the remainder of that day’s sitting) that the Speaker decides, except that a member ordered to withdraw before or during questions for oral answer may not return to the Chamber to ask or answer a question and no other member may ask a question on that member’s behalf.

(2) Any member ordered to withdraw from the House may not enter the Chamber but may vote.

87 Naming of member

The Speaker may name any member whose conduct is grossly disorderly and call on the House to judge the conduct of the member.

88 Member may be suspended

Whenever a member has been named, the Speaker forthwith puts a question, “That [such member] be suspended from the service of the House”. There is no amendment or debate on this question.

89 Naming in committee of whole House

If a member is named in a committee of the whole House, the committee is suspended and the chairperson reports the matter to the House. The Speaker then puts the question for the member’s suspension as provided in Standing Order 88.

90 Time during which member is suspended

If any member is suspended under Standing Order 88, the suspension—

(a) on the first occasion is for 24 hours:

(b) on the second occasion during the same Parliament is for seven days, excluding the day of suspension:

(c) on the third or any subsequent occasion during the same Parliament is for 28 days, excluding the day of suspension.

91 Refusal to obey Speaker’s direction

If any member who is suspended under Standing Order 88 refuses to obey a direction of the Speaker to leave the Chamber, that member is, without any further question being put, suspended from the service of the House for the remainder of the calendar year.

92 Rights forfeited by suspended member

A member who is suspended from the service of the House may not enter the Chamber, vote, serve on a committee, or lodge questions or notices of motion.

93 House’s right to hold in contempt

The fact that a member has been suspended under Standing Order 88 or 91 does not prevent the House from also holding the member’s conduct to be a contempt.

94 Notice necessary before motion moved

A motion may be moved only after notice of it is given and the notice appears on the Order Paper, unless a Standing Order or the practice of the House provides to the contrary.

95 Giving of notice of motion

(1) Subject to paragraph (2), notice of a motion a member intends to move may be given by any member by delivering a signed copy to the Clerk between 9 am and 10 am on any sitting day.

(2) Notice of a motion relating to a particular Supplementary Order Paper cannot be given unless that Supplementary Order Paper has been circulated to members.

96 Examination of notices

The Speaker examines all notices of motion that have been given, and those that are accepted as being in order are made available at the Table when the House meets and are set down as Government or Members’ orders of the day according to whether they are Government notices of motion or Members’ notices of motion.

97 Disposal of Members’ notices of motion

Subject to Standing Orders 317, 319, and 320, all Members’ notices of motion that have not been dealt with within one week of their first appearance on the Order Paper lapse and are struck off the Order Paper.

98 Form and content of notices

(1) A notice of motion must be expressed in a form and with content appropriate for a resolution of the House. It must clearly indicate the issue to be raised for debate and include only such material as may be necessary to identify the facts or matter to which the motion relates.

(2) Notices of motion must not contain—

(a) unbecoming or offensive expressions, or expressions or words that would not be permitted in debate:

(b) statements of fact or the names of persons unless they are strictly necessary to render the notice intelligible and can be authenticated.

99 No seconder required

A seconder is not required for a motion.

100 Question proposed on motion

(1) When a motion has been moved, the Speaker proposes the question, “That the motion be agreed to”.

(2) After the Speaker has proposed the question on the motion, the motion cannot be withdrawn without leave.

101 Rescission of resolution

A resolution of the House may be rescinded on motion with notice.

102 Speaker calls upon member to speak

When two or more members rise together, the member called upon by the Speaker is entitled to speak.

103 Factors to be taken into account by Speaker in calling members

In deciding whom to call, the Speaker takes account of the following factors:

(a) if possible, a member of each party should be able to speak in each debate:

(b) overall participation in a debate should be approximately proportional to party membership in the House:

(c) priority should be given to party spokespersons in order of size of party membership in the House:

(d) the seniority of members and the interests and expertise of individual members who wish to speak.

104 Members to address Speaker

A member on being called to speak addresses the Speaker and, through the Speaker, the House.

105 Speeches in English or Māori

A member may address the Speaker in English or in Māori.

106 Member may speak only once to question

Except as otherwise provided, a member may speak only once to a question before the House.

107 Misrepresentation

(1) A member who has spoken to a question may speak again to explain some material part of the member’s speech which has been misquoted, misunderstood, or misrepresented in the same debate.

(2) A member may not introduce any new matter or interrupt any member to explain a misquotation, misunderstanding, or misrepresentation.

108 Relevancy

(1) All debate must be relevant to the question before the House.

(2) After having called the attention of the House to the conduct of a member who persists in irrelevance or tedious repetition either of the member’s own arguments or of the arguments used by other members in debate, the Speaker may terminate that member’s speech.

109 Visual aids

(1) A member may use an appropriate visual aid to illustrate a point being made during the member’s speech, provided that the aid does not inconvenience other members or obstruct the proceedings of the House.

(2) Such an aid may be displayed only when the member is speaking to a question before the House and must be removed from the Chamber at the conclusion of the member’s speech.

110 Anticipating discussion

(1) A member may not anticipate discussion of any general business or order of the day.

(2) In determining whether a discussion is out of order, the Speaker has regard to the probability of the matter anticipated being brought before the House within a reasonable time.

111 Proceedings of committees not to be referred to

A member may not refer to confidential proceedings of a select committee until those proceedings are reported to the House.

112 Matters subject to judicial decision

(1) Matters awaiting or under adjudication in, or suppressed by an order of, any New Zealand court may not be referred to in any motion, debate, or question, including a supplementary question, subject always to the discretion of the Speaker and to the right of the House to legislate on any matter or to consider delegated legislation.

(2) To enable the exercise of the Speaker’s discretion under paragraph (1), a member who intends to refer to such a matter must give written notice to the Speaker of this intention.

(3) In determining whether to exercise discretion under paragraph (1), the Speaker has regard to the written notice given by the member under paragraph (2), and—

(a) balances the privilege of freedom of speech against the public interest in maintaining confidence in the judicial resolution of disputes; and

(b) takes into account the constitutional relationship of mutual respect that exists between the legislative and judicial branches of government, and the risk of prejudicing a matter awaiting or under adjudication in any New Zealand court, including one awaiting sentencing.

113 Application of prohibition of reference to matters awaiting judicial decision

(1) Standing Order 112 has effect,—

(a) in relation to a criminal case, from the moment the law is set in motion by a charge being made:

(b) in relation to cases other than criminal, from the time when proceedings have been initiated by the filing of the appropriate document in the registry or office of the court.

(2) Standing Order 112 ceases to have effect in any case when the verdict and sentence have been announced or judgment given.

(3) In any case where notice of appeal is given, Standing Order 112 has effect from the time when the notice is given until the appeal has been decided.

114 Offensive references to House or judiciary

A member may not use offensive words against the House or against any member of the judiciary.

115 References to Sovereign or Governor-General

A member may not refer to the Sovereign or the Governor-General disrespectfully in debate or for the purpose of influencing the House in its deliberations.

116 Offensive or disorderly words

If any offensive or disorderly words are used, whether by a member who is speaking or by a member who is present, the Speaker intervenes.

117 Personal reflections

A member may not make an imputation of improper motives against a member, an offensive reference to a member’s private affairs, or a personal reflection against a member.

118 Time limits of speeches and debates

(1) The time limits for speeches and debates are set out in Appendix A.

(2) An individual speaking time may be shared between two members of the same party or between two members of different parties if both parties agree.

119 General rules

The general rules relating to amendments set out in Standing Orders 120 to 127 apply subject to any provision in the Standing Orders to the contrary.

120 Amendment to be relevant

An amendment must be relevant to the question that it proposes to amend.

121 Amendment to be in writing

An amendment must be put into writing, signed by the mover, and delivered to the Clerk at the Table.

122 Question proposed on amendment

(1) When an amendment has been moved, the Speaker proposes the question, “That the amendment be agreed to”.

(2) After the Speaker has proposed the question on an amendment, the amendment cannot be withdrawn without leave.

123 Debate on main question and amendment

After the question has been proposed on an amendment, both the main question and the amendment (and any other amendments already moved) are open for debate.

124 Amendment to amendment

An amendment may be moved to a proposed amendment.

125 Member who has already spoken may speak to new amendment

After an amendment has been moved, a member who has spoken prior to the member who moved the amendment—

(a) may speak a further time, but

(b) may not move a further amendment.

126 Member who has moved amendment may not move further amendment

A member who has moved an amendment may not move a further amendment to the same question.

127 Questions put

(1) At the conclusion of the debate on a motion, the question on any amendment that is in order is put.

(2) Amendments are put in the order in which they were moved.

(3) When amendments are agreed to, the question, as amended, is put.

(4) When amendments are not agreed to, the question is put as originally proposed.

128 Interruption of member speaking

A member speaking may be interrupted—

(a) by a point of order:

(b) by the raising of a matter of privilege relating to the conduct of strangers present:

(c) by the suspension or conclusion of a sitting.

129 Interruption of debate

The debate on a question may be interrupted—

(a) by a point of order:

(b) by the raising of a matter of privilege relating to the conduct of strangers present:

(c) by the suspension or conclusion of a sitting:

(d) by a message from the Governor-General:

(e) by a member taking the oath or making the affirmation:

(f) by a motion that strangers be ordered to withdraw:

(g) by the making of a ministerial statement, a personal explanation, a maiden statement, or a valedictory statement:

(h) in accordance with a decision of the House or a determination of the Business Committee.

8 Clerk to note proceedings

The Clerk notes all proceedings of the House. The Clerk’s notes are published as the Journals of the House.

9 Official report

(1) An official report (known as Hansard is made of those portions of the proceedings of the House as are determined by the House or by the Speaker.

(2) The report is made in such form and subject to such rules as are approved from time to time by the House or by the Speaker.

(3) The report is published.

10 Custody of Journals and records

The Clerk maintains custody of the Journals and of all petitions and papers presented and records belonging to the House. Such Journals, petitions, papers, and records must not be taken from the House or its offices without an order of the House or the permission of the Speaker.

11 Disposal of records

The Clerk may, after consultation with the Chief Archivist, dispose of Journals, petitions, papers, and records that are more than three years old.

130 Adjournment of debate

(1) After a question has been proposed, any member, on being called to speak to that question, may move “That this debate be now adjourned” either to a later hour on the same day or to any other day. There is no amendment or debate on this question.

(2) On the adjournment of the House, any debate in progress is adjourned and set down for resumption on the next sitting day.

131 Member entitled to speak first on resumption

The member upon whose motion a debate is adjourned or who was speaking when the House adjourned may speak first on the resumption of the debate if the member claims that right.

132 If motion negatived mover may speak

If a motion for the adjournment of the debate is negatived, the member moving the motion for the adjournment may speak, otherwise the member’s speech lapses.