Privileges Committee chair Judith Collins. Photo: VNP / Phil Smith
The head of Parliament's powerful Privileges Commitee says the decision to impose an unprecedented punishment on Te Pāti Māori MPs over a protest haka was not taken lightly.
But Te Pāti Māori's lawyer said the punishment handed down was an "absolute disgrace".
The committee's government members want co-leaders Rawiri Waititi and Debbie Ngarewa-Packer suspended for 21 days and MP Hana-Rawhiti Maipi-Clarke to face a seven-day suspension.
The trio stood in front of ACT MPs and performed a haka in protest of the Treaty Principles Bill during its first reading.
Committee chair Judith Collins said their behaviour was intimidating and the worst she had seen. She also criticised Ngarewa-Packer for appearing to point her finger at the ACT MPs like a gun.
"We've never had penalties like this in this Parliament before, but that's because we've never seen this sort of behaviour during a vote in the House. I've never seen anything like it. This was a very sad day for Parliament."
Labour, Green and Māori Party committee members have condemned the penalties, saying they are far too harsh and mean the MPs will not be in Parliament for the Budget.
But Collins said interrupting Parliament during a vote was a very serious matter and the committee's majority decision was a reminder that MPs must obey the rules.
"It's really important for every MP to think about this. It is an absolute privilege to do that job. That is why to try and stop and interrupt a vote of Parliament while members of Parliament are trying to cast their votes in a debate is an extremely serious matter. We have not done this lightly," she said.
"That's why people should behave in Parliament."
Lawyer Tania Waikato, who represented Te Pāti Māori at the Privileges Committee, called the punishment an "absolute disgrace".
"Te Pāti Māori MPs used a cultural expression in its truest form to express the feelings off... almost 270,00 people who objected to the Treaty Principals Bill being suspended for an unprecedented term. No, we don't think it's an appropriate punishment," Waikato told Morning Report.
Collins said part of the committee's reasoning for the suspension was due to the MPs interrupting the vote of the House, which required the Speaker to suspend Parliament for almost half an hour.
"Yes, it absolutely was an intention to disrupt the vote and it should have been," Waikato said. "This was the most racially divisive piece of legislation that we have seen in our time and they expected our Māori MPs, who represent their electives, to sit there and do nothing."
Waikato defended Te Pāti Māori MPs' decision to not attend the committee hearing and said the rules of incorporating tikanga into Parliament needs to be looked at.
"There's this conversation that could have been had in a really robust and dynamic way in the Privileges Committee, if they had just allowed that to happen," Waikato said.
She argued blocking the vote on the Treaty Principals Bill was justified as it was an "exceptional circumstance that required an exceptional response".
Te Pāti Māori MP Hana-Rawhiti Maipa-Clarke was among those to perform a haka, at Parliament, after the first reading of the Treaty Principles Bill, on 14 November, 2024. Photo: RNZ/ Samuel Rillstone
Collins on Thursday told RNZ the punishment was not about the haka.
"This is not about haka, it's not about tikanga. It's about behaviour of MPs impending a vote, acting in a way that could be seen as intimidating MPs trying to exercise their rights to vote."
She said the committee did not add any time onto its suspension for Māori Party co-leaders for refusing to stand before the committee.
She said waiting six months to deliver its recommendation was unprecedented, and could not wait any longer just because the Budget was coming up.
"We waited six months on this. We have gone through every option to try and engage with the three MPs. If we stopped our deliberation on the basis that there is a very important vote coming up... We may never get to have that deliberation," Collins said.
ACT leader David Seymour questioned whether the punishment was tough enough.
"What we've seen is people grossly breach the conditions of Parliament, refuse to show up to the hearing, and then leak the contents of Select Committee proceedings to try and further mock the people's Parliament," he said.
"I think, all things considered, they've got off pretty lightly."
Green Party co-leader Chlöe Swarbrick called the suspension "utterly ridiculous" and a "gross punishment".
She said Parliament should be aspiring to uphold Te Tiriti o Waitangi and consistently celebrate haka and te reo Māori.
The Privileges Committee's decision will be voted on next Tuesday, with government MPs expected to back the suspensions.
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