parliament - comity and privilege Flashcards
comity is
the principle that each branch of govt will not interfere with another’s sphere of influence
how is comity codified
in 4(1)(b) of the parliamentary privileges act
act should be interpreted that promotes the principle of comity that requires the separate and independent branch of govt to recognised the others sphere of influence and privileges
how does comity restrain parliament
with ss116 and 117 of standing orders
ss116 - mps should not discuss issues before the court
ss117 - mps may not use offence words against nay member of the judiciary
how does comity restrain parliament
2 privileges?
S8 of the parliamentary privileges act confers powers and immunities that includes two privileges
- freedom of speech privilege
- exclusive cognisance principle
how does comity restrain palrimanet
freedom of speech privilege
grants freedom of speech during parliamentary proceedings, all words spoked or done in the course of translating business of the house.
freedom of speech privilege is active in
select committees and advisors etc
how does comity restrain parliamnet
exclusive cognisance principle
only the house can regulate its internal proceedings including parliamentary privilege, the courts are legally prohibitive from looking into these issues
what is example ONE of exclusive cognisance principle in
how does comity restrain parliamnet
contempt
parliament can punish anyone inside or outside the HOR who they believe is impeding its ability to do its job
e.g deliberately misleading the house
what is the result of contempt
privileges committee has the ability to issue a range of punishments available from getting a telling off to a fine to imprisonment (never used)
the punishments of contempt cannot
be overturned by the courts
what is example TWO of exclusive cognisance principle in
how does comity restrain judiciary
IN kiwi party v ag
select committee process wants followed correct here too however its non justiciable as it would undermine comity
skerret-white v minister for children
facts
- attempt to set aside summons from the Waitangi tribunal to the minster for children during an inquiry into the repeal of s7AA of the orange tamariki act
skerret-white v minister for children
issues
crown argued the principle of comity limits the power to summons witnesses
tribunal argued that as a commission of inquiry, they hold the power of summons a minster as a witness
skerret-white v minister for children
held
comity doesn’t limit the powers of the tribunals, they have powers of commissions of enquiry, comity applies here
