Dr The Rt Hon Lockwood Smith Chairperson, Standing Orders Committee PARLIAMENT BUILDINGS. E te karaka o te komiti, teenaa koe

Transcription

1 PAR T Y Te Ururoa Flavell MP for Te Waiariki Freepost Parliament PO Box Wellington 6160 P I F E teururoa.flavell@parliament.govt.nz Dr The Rt Hon Lockwood Smith Chairperson, Standing Orders Committee PARLIAMENT BUILDINGS E te karaka o te komiti, teenaa koe This submission is presented on behalf of the Maori Party, a registered political party. The Maori Party is a relatively young party, formed on the 23rd May The Maori Party first entered Parliament as a registered party on 23 July 2004 after the Te Tai Hauauru by election; and contested the general election for the first time in On 8 November 2008 it contested the general election for the second time, and as a result, five Maori Party Members of Parliament were elected. We attach the Maori Party's submission for the Review of the Standing Orders for consideration. Standing order 151 Casting of proxy vote The Māori Party raises the issue of the casting of proxy votes because we believe it to be unfair. Currently a party can lodge up to 25% of its vote by proxy. The present Standing Orders penalise minor parties with more than one MP. We say this becaus single MP parties can be absent and their vote still counts (i.e. 100% absence of the Party from the house, yet 100% of the Party vote is recorded) while a Party with five MPs can have two MPs present in the house and still not be able to cast a full complement of votes (i.e. 40% of the party is present but only 80% of the vote is recorded). This is unfair. The Maori Party has two Ministers who are expected to front public engagements throughout the country which puts enormous pressure on the other three MPs to be Electorate Office Details 1489 Eruera St Rotorua P F [ E mpwaiariki@parliament.govt.nz 40e Landing Rd Whakatane P F E mpflavell@parliament.govt.nz Freephone

2 in Parliament at all times. We have five electorate MPs with substantial electorate responsibilities. Thirteen of the 14 MPs in the Act and Green parties (who currently bare the closest similarities to the Maori Party in this context) do not have electorate responsibilities and do not, therefore, experience the same disadvantage in not having to maintain an equivalent electorate presence. This is unfair. Furthermore, four of the five Māori Party MPs are in 'larger electorates' which include large rural areas. This makes travel a real consideration i.e. in order for Hone Harawira to attend a meeting in Kaitaia on a Thursday morning he would need to begin his travel on Wednesday night well before the house lifts. This does not impact the other minor parties in the same way. Again, this is unfair. We are unfairly penalised by the current Standing Orders. Increasing the current 25% proxy allowance (Standing order 151 (2)) to 50% would remedy the situation. Code of conduct in the house The conduct of some of the members and parties within the house is quite simply unacceptable for the elected leaders of the country. Shouting across the chambers while others are speaking, organised heckling and jeering has to stop. In 2008 the minor parties signed a voluntary code of conduct for the house. The measures within the document are very reasonable and would contribute to a more honourable showing in the house. We would like to have the code of conduct considered as part of the Standing Orders. Another suggestion is that the Kawa Paremata, which guides the behaviour of Maori Party MPs, could work alongside the code of conduct for the house. The Kawa Paremata is, at its core, about respecting other people and showing whanaungatanga to others. A copy of the code of conduct and the Kawa Paremata are attached. Timing of the Speaker's determination regarding conscience votes The current situation for determining the type of vote (conscience, personal or party) to be casted for a bill lacks specificity in the Standing Orders. The Speaker is under no specific obligation to give the Party Whip's notice about whether he/she will allow a conscience vote if one is sought. It is currently a decision which does not need to be made until the day of the vote. Given the efficiency of the Whip system we believe that it is realistic to expect a determination from the Speaker within two weeks of the letter of application being received (or by the first caucus Tuesday after a two week recess block, whichever is happens first). Please be aware that we are not suggesting changes for the criteria for determining the vote type, only that the decision be made more quickly to allow due preparation.

3 Speaker's Ruling 114/3 Although I presume that the procedure for reviewing Speaker's Rulings will proceed after the review of Standing Orders, the Maori Party did want to specifically bring to the attention of the ruling concerns we have tabled around Speaker's Ruling 114/3, namely: 'An amendment that purports to amend an agreement reached between the Crown and other parties is out of order in a bill to give effect to that agreemenl' l note also the supplement to Speakers' Rulings has just been issued, containing some 44 rulings made during the current term of Parliament. The Maori Party seeks a reconsideration of the issues associated with Speakers Ruling 114/3, on the grounds that in the case of some Treaty Settlement legislation, the agreement will be an agreement between the Crown and another party not necessarily the Government and another party. In Treaty settlement legislation, the Deed of Settlement has been signed by the government and another party but the government is not the Crown. The agreement becomes one between the Crown and another party only after Parliament has passed the legislation, and the Order in Council has been signed by the Governor General on behalf of the sovereign. The point is one of fundamental constitutional importance: who or what is the Crown? The Maori Party upholds Te Tiriti o Waitangi as the founding constitutional document of this nation. It is incumbent on the Parliament to deal with matters involving tangata whenua in particular on the basis of Treaty principles mutual respect, reasonable co operation and the utmost good faith. Our question is a constitutional one: Where does our sovereignty lie, if an agreement signed by a Minister of the Crown supersedes the authority of the Parliament and Executive Council? It is a fundamental principle of Westminster democracy that the Parliament is sovereign, and regulates its own procedure, through Speakers' Rulings among other ways. It has been this way since the signing of the Magna Carta in Established conventions separate the powers of the legislature (Parliament), the Executive (Government) and the Judiciary. Each guards its role jealously. The Parliament should not allow its powers to be constrained, or allow itself to be seen in effect as a rubber stamp for the executive. That is why we seek an opportunity for more specific clarification about the role of the Crown, as opposed to the Government, in understanding the implications of Speakers Ruling 114/3. Heoi ano Te Ururoa Flavell Party Whip, Maori Party 2 8 0CT 2010

4 PA R TY KAWA MEMA PAREMATA He kaipupuri tatou mo te ha o te reo Maori me te mauri o tona mana roto I te whare paremata. motuhake ki Koia nei me toka tu moana tatou, maro te tu kore rawa mo te neke kai mimiti tona tapu me tona mana kia memeha noa. Na reira kua waihangatia ai he kawa, hai pai here i a tatou, kia tau noa te wairua o te ngakau mahaki o te whakaiti ki waenganui i a tatou oti atu. 1. He mana rua tatou, he wahine he tane, me piritahi aua mana nei, me korero, ka tau. 2. He kaimahi tatou ma te iwi, Mona tatou ka ora Mona tatou ka mana Mona tatou ka hinga 3. He mea whiriwhiri, he mea korerorero he mea whakatau ki waenga i a tatou i te tuatahi, katahi te kupu ka mana hei tuku atu ki te iwi. 4. Puritia te ha o te wairua o te paati Maori me ona rarangi kaupapa tae atu ki ona putake, hai whakataki i a tatou, ahakoa piki, ahakoa heke. 5. Ara te mea mohio taunga noa ki roto i te mahi hal tauira, haipouwhirinaki ma te tauhou. Ara te tauhou, haipoipoi, hai tiaki ma te mea mohio. 6. Me piripono tetahi ki tetahi. Heipouwhirinaki te wawahi z Taupatupatutia ki muri te kitea atu whakaaro kotahi ki mua ki te aroaro o te tangata. 8. Tawharautia tatou ki te korowai o te tika me tepai. 9. He wa mou he wa moku ko au kimuriko koe ki mua ko au ki mua ko koe kimuri. Tena me ona Pukenga Tena me ona Pukenga Tautokona 10 Kokiritia ai nga take ki roto I te kotahitanga.

5 PA R TY KAWA FOR MEMBERS OF PARLIAMENT. We are the keepers of the essence of the Māori voice, the voice of independence within Parliament. Therefore we must be resolute in upholding the prestige and sanctity of our voice lest it weakens and loses integrity. To this end a set of guiding protocols has been formulated to ensure we act in unity with humble heart come what may. 1. Our co leaders are male and female who shall work as one in the decision making. We are servants of the people. We live for the people. It is the people that mandate us. Tis the people that sustain us so that we don 'tfall. A process of discussion, exchange of ideas shall be followed in making decisions prior to public pronouncements. We must be relentless in holding true to the essence of the Māori Party, our kaupapa and our beliefs which are our guiding principles in good times and in bad times. Amongst us are those that offer the hand of experience the stalwarts who guide those new to the role. It is incumbent upon us to nurture and look after those who are new. 6. We must be dependable and loyal to one another. Bastions of trust and reliance that will never be torn asunder. 7. Our squabbles and disputes shall be conducted behind closed doors and a united front before the people. 8. Shroud ourselves with a cloak of justness and goodness. There are times when each of us with our respective skills shall take the lead and times when we play a support role. Be staunch and dependable in supporting one another. 10. Advance the interests of the people in unity.

6 dreen mfrgi'i Grecn Party of Antearoa New Zealand P A R T Y 72 New Zealand UnitedThe useran>artyi 12 June 2007 MPs from Parliament's MMP Parties have united to sign a voluntary Code of Conduct and are strongly urging others to follow suit. At a special press conference today, 13 MPs from the Green Party, the Maori Party, United Future and ACT New Zealand came together to collectively sign the Code. The move follows a joint letter in March to Speaker Margaret Wilson from the leaders of these Parties, expressing concern that the behaviour of some MPs in the House creates a poor environment for political debate. Green Party Co Leader Jeanette Fitzsimons said that the Code of Conduct goes further than just behaviour in the House, covering much wider ethical considerations, which stress MPs responsibility to the public good rather than personal interests. "We believe a code will help MPs carry out their duties and help the public have confidence in their Parliamentary representative," she said. UF Leader Peter Dunne says: "The New Zealand public have had enough of poor behaviour in Parliament by politicians and want to see higher standards. I am delighted that the MMP parties have come together on this issue to show the way, and provide the leadership necessary to bring about change. The challenge is now before the two old parties to follow our example and improve their behaviour accordingly." Maori Party Leader Tariana Turia says: "We look to our tikanga and our kaupapa to guide us in the way in which we behave. "Our customs and traditions ensure that we try to treat each other with respect and act with integrity; and we have supported the Code of Conduct, believing that it fits well with such principles." Dr Pita Sharpies, returning from a conference in Canada and unable to attend today's press conference, had expressed his commitment to the Code. ACT Leader Rodney Hide described New Zealand's Parliament as "second rate", and said that the Code was the start to providing New Zealanders with a House of Representatives of which they can be proud. "Every MP should sign the Code and strive to provide the Parliamentary representation that New Zealanders so richly deserve. We can, and should, do better," Mr Hide said. Copies of the Code of Conduct have been sent to all MPs with a covering letter inviting them to sign also.

7 Code of Conduct for Members of Parliament Introduction The New Zealand electorate expects members of Parliament to act ethically and with integnty. An MMP Parliament demands a standard of behaviour that allows all voices to be heard. This Code of Conduct enables the public to be clear about the principles that define members' activities and how these principles are interpreted and upheld. Purpose of the code The purpose of the Code of Conduct is to assist members in the discharge of their obligations to the House, to their constituents and the public. Nothing in the Code of Conduct derogates from Standing Orders or Speakers' Rulings or any other official code of conduct or guidelines for members. This Code of Conduct supplements and supports other requirements. I «Name» agree to uphold this Code of Conduct for Members of Parliament. Signature: Date:

8 The Code Preamble We, as members of the New Zealand House of Representatives, recognise that it is in our individual and collective interest to foster and sustain public confidence and trust in our integrity as individuals and in Parliament as an institution. To this end, we will be guided at all times by the public good and ensure that our actions and decisions are taken in the best interests of the public. Working for the public good We accept that we have a duty to act in the interests of the nation as a whole, the House, our constituents, and the public. 2 Showing respect for Parliament We have a duty to show respect for the Speaker and the authority vested in the Office of Speaker by the Parliament. We will show respect for other Members. We will behave in a manner that enhances the dignity and decorum of the House. We will debate the issues raised and refrain from personal attacks. As representatives of the people, we will conduct ourselves in accordance with the provisions and spirit of this Code of Conduct and ensure that our conduct does not bring the integrity of our office or the New Zealand Parliament into disrepute. 3 Not accepting inducements We will not solicit, accept or receive any fee, payment, retainer, reward or gift in return for promoting or voting on any bill, motion or question put to Parliament or its committees, or in return for using our position as a member. 4 Not advancing private interests We will not use information received in confidence in the course of our parliamentary duty to advance our private interests or the private interests of another. 5 Avoiding conflict of interest We will avoid conflict of interests between our private financial affairs and our public duty as a parliamentarian. Should a conflict arise we will take all reasonable steps to resolve the conflict quickly and in a manner which is in the interest of the public. 6 Ensuring proper use of public resources We will apply public resources prudently and only for the purposes for which they are intended.