Labour MP Peeni Henare speaking in the House. Photo: VNP / Phil Smith
Labour's Peeni Henare has been found by Parliament's Privileges Committee to have acted in a "disorderly" way in joining the Te Pāti Māori led haka in the House, but ruled his actions did not amount to "contempt".
The committee recommended Henare be "required to apologise" for what it stated was "undoubtedly disorderly behaviour".
The ruling comes after concerns were raised to the committee by NZ First, National and ACT party MPs about conduct by MPs Henare, Hana-Rawhiti Maipi-Clarke, Debbie Ngarewa-Packer, and Rawiri Waititi during the first reading of the Treaty Principles Bill.
Maipi-Clarke interrupted the vote, performing a haka, and other opposition MPs joined in.
The committee - charged with judging MPs behaviour and questions of privilege - considered the actions of those MPs who left their seats to stand on the floor of the House.
When Speaker Gerry Brownlee referred the issue to the committee at the end of last year, stating the issue of members leaving their seats to "participate in an activity that was disorderly and disruptive", he explained the House may "treat as contempt an act, or any act, which obstructs or impedes the House in the performance of its functions".
Brownlee said examples of contempt include "threatening, or intimidating a member ... in the discharge of [their duties] and threatening, or disadvantaging a member on account of [their] conduct in [the House]."
He specified his ruling was not about the "appropriateness of haka and its place inside the tikanga of this House." That was to be discussed by a separate committee.
Labour's Peeni Henare appears at the Privileges Committee for allegedly breaching the rules by moving out of his seat to perform a haka on the day of the first reading of the Treaty Principles Bill. Photo: RNZ / Russell Palmer
The interim report released on Wednesday focused on Henare's actions only.
It found he did obstruct or impede the business of the House by stepping on to the floor of the Debating Chamber, as the "vote was not able to continue".
"Our view is that this is undoubtedly disorderly behaviour. However, we find that Mr Henare's actions do not amount to a contempt.
"We recommend that Mr Henare be required to apologise to the House for acting in a disorderly manner that disrupted a vote being taken and impeded the House in its functions."
At a hearing earlier this month, Henare apologised to the committee for knowingly breaking the rules, but said he stood by his actions.
His written response to the committee explained his conduct did not reach the threshold of previous Privileges complaints where contempt had been found, as he was across the floor of the House from other members.
