Part 4 Parliamentary privilege: other provisions

Subpart 1—House’s power to fine for contempt

22 House may impose fine on person determined by House to have committed contempt of House
Power to fine for contempt of House

(1)

The House may by resolution impose on a person, for a contempt of the House determined by the House to have been committed by that person, a fine not exceeding $1,000.

Enforcement

(2)

A fine imposed on a person under subsection (1) is payable and enforceable under Part 3 (and all other relevant provisions) of the Summary Proceedings Act 1957 as if it were a fine (as defined in section 79(1) of that Act) that is, or is a part of, an amount of money that the person is obliged to pay under an order imposed by a court for a contempt of court.

(3)

The Clerk of the House must ensure a copy of a resolution under subsection (1) is sent to the Registrar of the District Court at Wellington—

(a)

for service on the person under the Summary Proceedings Act 1957 (as if it contained the same information, except appeals information, as a notice of fine under section 84(2) of that Act); and

(b)

for enforcement against the person under that Act.

Power to fine is exclusive, but other penalty powers unaffected

(4)

This section replaces all other powers, if any, of the House, under any other laws, to impose a fine on a person for a contempt of the House determined by the House to have been committed by that person, but does not limit or affect the House’s powers to penalise the person for the contempt otherwise than by imposing a fine on the person (whether the other penalty is instead of, or as well as, the imposition of a fine).

Power to fine is for avoidance of doubt

(5)

Subsection (1) (except for the $1,000 maximum) declares and enacts, for the avoidance of doubt, part of the effect that section 242 of the Legislature Act 1908 had, on its true construction, before this Act’s commencement.

Compare: Parliamentary Privileges Act 1987 s 7(5)–(8) (Aust)