Source: NZ Music Month takes to the streets
These recommendations follows the Speaker’s ruling on 10 December 2024 that a question of privilege arose from the actions of the Hon Peeni Henare, Hana-Rawhiti Maipi-Clarke, Debbie Ngarewa-Packer and Rawiri Waititi following the first reading debate on the Principles of the Treaty of Waitangi Bill on 14 November 2024.
At the conclusion of that debate, and during the vote, the four members left their seats to perform the haka, and three of the members advanced towards the seats of another party – something The Speaker has ruled cannot be considered anything other than disorderly.
All four MPs were referred to the Privileges Committee and subsequently invited to appear before it; Mr Henare did so and accepted he should not have left his seat. The Committee recommended he apologise to the House for acting in a disorderly manner that disrupted a vote being taken and impeded the House in its functions, and he unreservedly did so on 25 March 2025.
However, the three other MPs declined to appear before the Committee, ostensibly because the Committee rejected their request to appear together rather than individually – while clarifying that each member would be able to attend in the public gallery.
The Committee wanted them to appear individually as it considered that would be of most assistance to it in considering the question of privilege. It especially wanted to clarify whether there was any pre-meditation behind the actions, given Ms Maipi-Clarke told media Mr Waititi was supposed to rip up the bill and start the haka but instead handed it to her to do so.
The Committee sought to arrange hearings twice more but the members declined each opportunity.
We have therefore had to consider this matter based on observations on 14 November, including video footage.
This footage clearly shows Ms Maipi-Clarke casting her party’s vote before proceeding to rip up the bill and start a haka.
The Speaker can be heard saying “No, don’t do that” before rising to his feet.
However, a number of Opposition party members then rose to their feet and joined Ms Maipi-Clarke in performing the haka, with Ms Maipi-Clarke, Mr Henare, Ms Ngarewa-Packer and Mr Waititi leaving their seats.
Ms Maipi-Clarke, Ms Ngarewa-Packer, and Mr Waititi moved across the chamber floor to face members of the ACT Party, who were seated at their desks. Ms Ngarewa-Packer approached the front of the ACT Party desks and, while performing the haka, pointed at ACT Party members using a hand gesture similar to a finger gun.
At the conclusion of the haka, Ms Ngarewa-Packer repeated the gesture and, simulating a firing motion, said “e noho” [sit down]. The Speaker suspended the sitting of the House.
When the House resumed nearly 30 minutes later, the Speaker ruled that Ms Maipi-Clarke’s conduct was “appallingly disrespectful” and “grossly disorderly”. He moved that Ms Maipi-Clarke be suspended from the House and the motion was agreed to.
Based on our review of the video footage, we consider that the facts of the matter are clear – and occurred as I’ve already outlined.
We invited Ms Maipi-Clarke, Ms Ngarewa-Packer and Mr Waititi to provide written evidence and they jointly responded, saying their actions were an expression of tikanga, upholding the values and obligations of Te Tiriti o Waitangi and their tino rangatiratanga.
One of their arguments was that tikanga Māori and haka are not matters for the Privileges Committee to consider.
On this the Committee agrees with them: it is not there to set or debate the rules of Parliament but rather to uphold the rules as they are, not as people may wish them to be.
To be clear, the haka is not banned in the House. However, the rules of Parliament – the Standing Orders under which it operates – states permission has first to be obtained from the Speaker, and that any actions must not impede the business of the House.
No such permission was sought for the 14 November haka, and it most certainly did impede the business of the House as it was carried out during a vote.
The ensuing chaos led to the Speaker suspending the House for nearly 30 minutes.
So here we are at the crux of the matter. It is not about the haka. It is not about tikanga. It is not about the Treaty of Waitangi.
It is about following the rules of Parliament, that we are all obliged to follow and that we all pledge to follow.
It does not matter our gender, our ethnicity or our beliefs. In this House we are all simply Members of Parliament and, like any institution, it has rules.
Standing Orders already include severe penalties for people who break the rules, without the requirement to go to the Privileges Committee. For example, any member who is suspended under Standing Order 92 that subsequently refuses to obey the Speaker’s direction to leave the Chamber can be suspended from the House for the remainder of the calendar year without further question. I’m quoting from Standing Order 95, for the avoidance of doubt.
In this instance, the Speaker referred the matter to the Privileges Committee, which subsequently carried out a thorough inquiry over six months before coming to a majority decision.
Make no mistake, this was a very serious incident, the likes of which I have never before seen in my 23 years in the debating chamber.
I am a robust debater, as many of you will know, but I follow the rules of the institution I am a proud member of and I appreciate and accept that my views are not those of all in this House. That is why we are the House of Representatives.
We cannot bring this House into disrepute by ignoring those rules, especially if that results in other members being intimidated.
And that is exactly what happened on November 14 2024. The behaviour of Ms Maipi-Clarke, Ms Ngarewa-Packer, and Mr Waititi was such that it could have the effect of intimidating other members of the House acting in the discharge of their duties.
It is highly disorderly for members to interrupt a vote while it is being conducted. The right to cast one’s vote without impediment goes to the heart of being a Member of Parliament.
It is not acceptable to physically approach another member on the floor of the debating chamber. It is particularly unacceptable for Ms Ngarewa-Packer to appear to simulate firing a gun at another Member of Parliament.
We therefore find by majority all three members have each committed a contempt of the House and are recommending the penalties as I have already outlined them.
After six months of meetings and hearings – which all committee members participated in in a professional manner – it is disappointing to now hear personal attacks and allegations of racism.
I utterly reject that. We have simply done our job.
Thank you Mr Speaker.
