| Parliament name |
House of Representatives |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· On the day after the day of the return (of the writ) (S. 54 of the Electoral Act)
|
| Validation of mandates |
· Validation by the High Court or the Court of Appeal only in case of challenge by election petitions (S. 229 of the Electoral Act)
· Procedure (S. 229 to 246, 258 to 262 of the Electoral Act, Election Petition Rules)
|
| End of the mandate |
· On the day of new elections (S. 54 of the Electoral Act) (for early dissolution, see Art. 18 (2) to (4) of the Constitution Act of 1986, as amended up to and including 1987). For the Speaker, see Art. 13 of the Constitution Act.
|
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: in writing addressed to the Speaker
|
| Can MPs lose their mandate? |
No |
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Outside Parliament: the official order of precedence ranks the Speaker in the 3rd position, the Leader of the Opposition in the 8th position, and the other MPs in the 10th position.
|
| Indemnities, facilities and services |
· Official passport
· Basic salary: NZD 6,666 to 12,540 per month
+ Basic Expense Allowance: NZD 7,000 to 12,000 per year
+ Additional Allowance (for the Speaker, Deputy Speaker, Assistant Speakers, Deputy Leaders): NZD 1,000 to 8,500 per year
+ Constituency Allowance (for constituency MPs): NZD 8,000 to 20,000 per year
· Exemption from tax
· No special pension scheme for new MPs
· Other facilities:
(a) Secretariat/assistants (see also the Parliamentary Service Act and the Clerk of the House of Representatives Act): secretarial, research, and office assistance
(b) Official housing: Wellington Accommodation Allowance; House and Grounds Maintenance Allowance for the Speaker, House and Grounds Maintenance Allowance and House Allowance for the Leader of the Opposition (alternatively Day and Night Allowances when on business in Wellington)
(c) Postal and telephone services
(d) Travel and transport: Travelling Allowance + Day and Night Allowances, car reimbursement
(e) Others: allowance for purchase of motor vehicle
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 117 to 120 of the Standing Orders of the House of Representatives, see Discipline), sub judice matters (SO 115 and 116 of the Standing Orders of the House of Representatives)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does not exist.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by parliamentary officials and party groups.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings (SO 36 of the Standing Orders of the House of Representatives). For leave of absence, see SO 37 to 38 of the Standing Orders of the House of Representatives.
· Penalties foreseen in case of failure to fulfil this obligation (SO 384 to 392, and 394 of the Standing Orders of the House of Representatives)
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 50, 82 (1), 87 to 94, 110 (2), 117 to 120, 384, 385 (1) and (2), 386 to 393, and 395 of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Order to terminate the speech (SO 110 (2) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 87 of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 88 to 93 of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 50 of the Standing Orders of the House of Representatives)
· Specific cases:
- Offence or insult (SO 117 to 120 of the Standing Orders of the House of Representatives): intervention by the Speaker
- Contempt of the House in cases of disobedience to rules or orders of the House (SO 94, 392, 393, and 395 of the Standing Orders of the House of Representatives):
· Competent body to judge such cases/to impose penalties (SO 82 (1) of the Standing Orders of the House of Representatives):
- Order to terminate the speech, order to withdraw, adjournment of the House, suspension of the sitting, offence or insult: the Speaker
- Naming: the Speaker, the House of Representatives
- Suspension, contempt of the House in cases of disobedience to rules or orders of the House: the House of Representatives
· Procedure:
- Order to terminate the speech (SO 110 (2) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 87 of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 88 to 93 of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 50 of the Standing Orders of the House of Representatives)
- Offence or insult (SO 119 of the Standing Orders of the House of Representatives)
- Contempt of the House in cases of disobedience to rules or orders of the House (SO 94, 384, 385 (1) and (2), 386 to 393, and 395 of the Standing Orders of the House of Representatives)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
Compare data for parliamentary chambers in the Mandate module
