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Personal Explanations

Legal Aid—Refutation of Allegation

Wednesday 29 March 2006 Hansard source (external site)

PetersRt Hon WINSTON PETERS (Leader—NZ First) Link to this

I had hoped to wait until the end of question time, but because of the time questions are taking I seek leave now to make a personal explanation about a matter David Bennett raised in the House on 22 March. I have just had my first chance to read the Hansard of his speech. On 22 March David Bennett, the National Party MP for Hamilton East, claimed that during the wine-box inquiry I personally received money from legal aid paid for by the taxpayer. That statement is demonstrably, totally false, as every member of the National Party who was there at the time knows full well. On the contrary, I myself financed substantial parts of that court case and cases preliminary to it. The member also knows that. I seek to put that correction on the record, in case some other idiot decides to make that sort of statement in the House.

EnglishHon BILL ENGLISH (National—Clutha-Southland) Link to this

I raise a point of order, Madam Speaker. The personal explanation is a privilege made available to members of Parliament that we use only occasionally, and it is a privilege given by leave. That leave is given because of the convention that such statements are non-controversial, in the sense that they are not partisan or do not attack members of the House. The member who just made a personal explanation is a senior member of the House and knows that convention well. I ask you to point out that the last sentence of his statement was out of order. If you do not do so, then the Opposition, at least, will not be able to give leave for personal explanations, if the privilege is to be abused in that manner.

PetersRt Hon WINSTON PETERS (Leader—NZ First) Link to this

With respect, the National Party knows full well the history of that long-running saga—that it took 7 years and a significant number of court cases going all the way to the Privy Council. For that member to be allowed to get away with saying what he did with not so much as a by your leave or an apology would be an absolute affront to the House. That is why I said what I said.

WilsonMadam SPEAKER Link to this

The member was entitled to make his personal explanation, and the Hon Bill English was correct in saying that a personal explanation is a privilege of the House, given by leave. But it is, of course, the convention that members do not make personal attacks or reflections in such statements, and the term “idiot” was entirely unacceptable.

MarkRON MARK (NZ First) Link to this

I raise a point of order, Madam Speaker. On the back of the point of order raised by Mr English, could you then advise the House whether, if this is considered by some to be an inappropriate means of putting the record straight when another member of the House has deliberately said something to the House that is clearly untrue, I would be right in concluding that the only other method of recourse we would have for correcting this is to lodge a privileges case against the member for deliberately and maliciously misleading the House. Is that the other course of action we could take?

WilsonMadam SPEAKER Link to this

The member took the proper course of action in seeking the leave of the House to make a personal statement to be able to correct the statement. There was nothing wrong with that. The problem was the use of language in the last sentence; that was the difficulty we had with that bit of the personal statement. The rest of it was perfectly in order.

MarkRON MARK (NZ First) Link to this

I raise a point of order, Madam Speaker. Just for clarification, would it have been permissible for New Zealand First, instead of taking this course, to take a more extreme course and lodge a privileges case?

WilsonMadam SPEAKER Link to this

You know that it is not for the Speaker to give advisory opinions like that. I have ruled on what was the appropriate action and what was not appropriate. That is what I have ruled on.

BrownleeGERRY BROWNLEE (Deputy Leader—National) Link to this

I raise a point of order, Madam Speaker. Should the Rt Hon Winston Peters now be required to withdraw and apologise?

WilsonMadam SPEAKER Link to this

If that is what the member seeks. Does the member who was called an idiot ask for that to be withdrawn? [ Interruption] Would members please be quiet, or there will be no one left in the House. I was looking at the member, and I understand that he is new, but he has asked for that statement to be withdrawn and for an apology.

PetersRt Hon Winston Peters Link to this

What did the member say? I could not hear it.

WilsonMadam SPEAKER Link to this

The member asked for the reference that was made to him by you to be withdrawn and for an apology to be given. That is what is sought.

PetersRt Hon Winston Peters Link to this

I said “some other idiot”, and I withdraw and apologise.

WilsonMadam SPEAKER Link to this

Thank you, that’s all—

PetersRt Hon Winston Peters Link to this

I have just found out who he is.

WilsonMadam SPEAKER Link to this

All members do is withdraw and apologise. They make no other statement.

TischLINDSAY TISCH (Senior Whip—National) Link to this

I raise a point of order, Madam Speaker. The member just apologised, then qualified that by saying he now knows who the idiot is. That is completely unacceptable.

WilsonMadam SPEAKER Link to this

It is unacceptable. I agree with Mr Tisch. The rules are that when members are asked for a withdrawal and an apology, they give it without any other statement. The member is coming close to trifling with the House.

PetersRt Hon WINSTON PETERS (Leader—NZ First) Link to this

I did not say that the member was an idiot, I said: “in case some other idiot”—that is the point. Members cannot just get up and make any allegation they like. The Hansard

WilsonMadam SPEAKER Link to this

I am sorry, would the member—

PetersRt Hon WINSTON PETERS Link to this

I withdraw and apologise if the member is offended.

WilsonMadam SPEAKER Link to this

Thank you, that is all we need to make progress.

BrownleeGERRY BROWNLEE (Deputy Leader—National) Link to this

I raise a point of order, Madam Speaker. I have to register our disappointment that, having picked up Mr Peters for the inappropriate use of language, the allegation made by Mr Peters was then repeated by the Speaker.

BrownleeGERRY BROWNLEE Link to this

I appreciate that the circumstances probably led to that.

WilsonMadam SPEAKER Link to this

Yes, thank you. I accept that and I apologise.

PetersRt Hon WINSTON PETERS (Leader—NZ First) Link to this

I raise a point of order, Madam Speaker. I have put my reputation on the line and made a statement to this House today. The least I could expect is for that member to withdraw and apologise for what he said and to not sit there mute and silent.

WilsonMadam SPEAKER Link to this

That is not a point of order.

BrownleeGERRY BROWNLEE (Deputy Leader—National) Link to this

I seek leave to table a document showing exactly how much the taxpayer did pay for Winston Peters’ legal expenses in the wine-box inquiry.

WilsonMadam SPEAKER Link to this

Leave is sought to table that document. Is there any objection? There is objection.

PetersRt Hon WINSTON PETERS (Leader—NZ First) Link to this

I raise a point of order, Madam Speaker. The member has just repeated the same statement, which if it were said outside of here would be defamatory. He knows full well where the money went. Not one cent went to me.

BrownleeGerry Brownlee Link to this

I’m not saying that.

PetersRt Hon WINSTON PETERS Link to this

Yes, the member did. He asked how much Winston Peters got.

WilsonMadam SPEAKER Link to this

Leave was denied. That is the end of the matter, please.

Question time resumed.

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