Parliamentary Privilege Act 2014

Definition

10 Proceedings in Parliament defined

(1)

Proceedings in Parliament, for the purposes of Article 9 of the Bill of Rights 1688, and for the purposes of this Act, means all words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of the House or of a committee.

(2)

The definition in subsection (1) must be taken to include the following:

(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) whether words are spoken or acts are done for purposes of or incidental to the transacting of the business of the House or of a committee, words spoken or acts done for purposes of or incidental to the transacting of reasonably apprehended business of the House or of a committee must be taken to fall within subsection (1).

(4)

In determining under subsection (1) whether words are spoken or acts are done for purposes of or incidental to the transacting of the business of the House or of a committee, no necessity test is required or permitted to be used.

(5)

Necessity test includes, but is not limited to, a test based on or involving whether the words or acts are or may be (absolutely, or to any lesser degree or standard) necessary for transaction of the business.

(6)

Subsections (2) and (3) do not limit 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 [2011] NZSC 106, [2012] 2 NZLR 713 (SC)).

Compare: Parliamentary Privileges Act 1987 s 16(2) (Aust)