LAW.COMMISSION TE.AKA.MATUA.O.TE.TURE Miscellaneous Paper 5 THE LAW OF PARLIAMENTARY PRIVILEGE IN NEW ZEALAND A reference paper THELAW OF PARLIAMENTARYPRIVILEGE IN NEWZEALAND A Reference Pajer The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to establish law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Hon Justice David Baragwanath - President Professor Richard Sutton - Deputy President Leslie H Atkins QC Joanne Morris OBE Judge Margaret Lee The Director of the Law Commission is Robert Buchanan The office is at 89 The Terrace, Wellington Postal address: PO Box 2590, Wellington, New Zealand 6001 Document Exchange Number SP 23534 Telephone: (04) 473 3453, Facsimile: (04) 471 0959 E-mail:
[email protected] Law Commission Miscellaneous Paper 5 ISSN 1173-9789 December 1996, Wellington, New Zealand This Miscellaneous Paper may be cited as: NZLC MP5 For other publications in the Miscellaneous Paper series, see inside back cover. Contents Para Page PREFACE INTRODUCTION 2 WHAT IS PARLLAMENTARY PRIVILEGE? Parliament in New Zealand Nature and origins of Parliamentary privilege Legal sources of privilege in New Zealand 3 CONTENT OF PRIVILEGE Introduction Powers Power to nguhte ompmceedngs Freedom of~eecband debates Ptlbkcations by order or under azlthority oftbe Howe Power to be solejudge oftbe hyfiilness