Parliament Overview

• Foundational institution of NZ constitutional system.
• Interface of politics and laws.
• Consists of two main elements as per section 14 of the Constitution Act 1986:
  • The Sovereign
  • The House of Representatives
• Described as the bedrock of the constitution (Lord Bingham).

Sovereign

• Acts of parliament are the highest form of law, overriding any other sources.
• Democratically elected parliament is presumed to hold supreme law-making power.
• Section 15 of Constitution Act 1986 reaffirms parliament's continuity.
• No external invalidation of laws created by Parliament.
• Constitution sets rules for lawmaking and limits state power over citizens.

Structure

• Sovereign: Includes the King, who gives royal assent to Acts of Parliament.
• House of Representatives: Unicameral; comprised of 120 MPs.
  • Supreme law-making body.
  • Only democratically elected part of the legal system.
  • Responsible for public finance control as per section 22.
• Select Committees: Detailed review of proposed laws.
• Speaker: Guides parliamentary debates impartially.
• Members of Parliament: Elected representatives.
• Political Parties: Hold significant influence without constitutional authority.

The Legislative Process

• Governed by Standing Orders.
• Process includes:
  1. Introduction of Bill
  2. First Reading
  3. Select Committee Review
  4. Second Reading, further debates and votes
  5. Committee of the Whole House
  6. Third Reading
  7. Royal Assent
  8. Bill becomes law.

Types of Bills

1. Government Bills - Proposed by ministers, usually pass with cabinet support.
2. Members’ Bills - Proposed by individual MPs, less frequent.
3. Local Bills - Submitted by local authorities.
4. Private Bills - Submitted by corporate entities; rare.

Voting/Elections

• Electorate Vote: Candidate with most votes enters Parliament.
• Party Vote: Determines party's total representation in HoR.
• Thresholds for representation include:
  • At least 1 electorate seat
  • 5% of the party vote

Roles of Parliament

1. Legislature for passing laws.
2. Represents the public via democratically elected HoR.
3. Provides government by selecting ministers from MPs.
4. Approves government budget, controls taxation, borrowing.
5. Holds government accountable through various mechanisms including question time, select committees, and votes of no confidence.

Constraints on Parliament

• Hard Law Constraints: Statutory restraints like electoral provisions requiring supermajorities.
• Soft Law Constraints: Non-binding rules like standing orders and LDAC guidelines.

Parliamentary Privilege

• Ensures free speech within parliamentary proceedings.
• Privilege committee monitors and enforces these privileges.
• Exclusive cognisance allows Parliament to regulate its own affairs.

Mixed Member Proportional

• Changed from FPP to MMP in 1993 to allow broader representation.
• MMP system balances representation with complexity.

Parliament and Judiciary

• Comity principle ensures non-interference between branches.
• A-G v Taylor highlights separate roles and the importance of judicial independence.

Mark Prebble: The Iron Rule of Political Contest

• Competition and accountability drive parliamentary functions.
• Political contest ensures checks against abuse of power.

Regulations Review Committee

• Examines and reports on regulations potentially violating legal standards.

Delegated Legislation

• Created under powers delegated by Parliament.
• Ensured scrutiny by Standing Orders and potential for disallowance.

Accountability

• Political and legal mechanisms ensure checks and balances.
• Elections serve as primary accountability process for reviewing government performance.