The Use of Urgencyin the New Zealand House of Representatives

The Project

Sponsored by the Law Foundation

New Zealand Centre for Public Law/New Zealand Rule of Law Committee

Key focus: 1984-2009

Key QuestionsWhat are the different ways that governments can

speed up the legislative process? Has the use of these changed?

How do other legislatures compare?

Has MMP had an effect on the use of urgency?

Is there a difference between the rules and how the parties actually behave in the House?

Do different parties have different attitudes to urgency?

How do governments justify the use of urgency?

Evaluative Questions

When is the use of urgency justified?

What sort of uses of urgency are troubling from a constitutional or democratic legitimacy perspective?

How robust is the regulatory framework in which this occurs? How might it be amended?

Urgency

“Where a motion for urgency is passed, the House may proceed upon and debate the bill until the debate is concluded. A motion for urgency overrides the standard procedures for when the House must adjourn or move to other business.”

Philip Joseph Constitutional and Administrative Law in New Zealand (3rd ed, Brookers, Wellington, 2007) at 307.

Normal Process of a Bill

Introduction Then wait 3 sitting days

First reading

Sent to select committee (for up to 6

months)

Report back from select committee

Then wait 3 sitting days

Second readingThen wait 1 sitting day

Committee of the whole houseThen wait 1 sitting day

Third reading

Royal assent

Normal Sitting Days and Times

Tuesday• Caucus • Select

committees

• House sits 2pm-10pm

Wednesday• Select

committees

• House sits 2pm-10pm

Thursday• Select

committees

• House sits 2pm-6pm

• MPs go home

Process Under Urgency

Tuesday1

June 2pm-10pm

Thursday1

June9am-12am

Friday1

June9am-12am

Saturday1

June 9am-12am

Sunday

House

does not sit

Monday1

June9am-12am

Motion for urgency for all stages of a bill moved on Tuesday 1 June:

Introduction-First Reading-Second Reading-Committee of the Whole House-Third reading

Key Differences

Extended sitting times

No select committee

No weekend adjournment

Other parliamentary business stops

All ‘one day’ for the record

Reason for Urgency

Minister moving urgency must give a reason for the motion to be formally moved

Extraordinary Urgency

Extended sitting hours – sit through the night

Minister must satisfy the speaker that the business requires extraordinary urgencyParticularly designed for legislation that will come

into immediate effect

An Example of urgency… Tuesday 30 March

Hon SIMON POWER (Acting Leader of the House):

“I move, That urgency be accorded the introduction and passing of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Bill…

And: The Immigration Act Amendment Bill; The passing through their remaining stages of the Dairy Industry

Restructuring (Raw Milk Pricing Methods) Bill; and The Regulatory Improvement Bill, and any bills into which any of those

bills may be divided; The third reading of the Unit Titles Bill; and The first readings of the Copyright (Infringing File Sharing) Amendment

Bill and the Commerce Commission (International Co-operation, and Fees) Bill

Motion agreed to.

First Reading Environment Canterbury Bill

Ayes 68

New Zealand National 58; ACT New Zealand 5; Māori Party 4; United Future 1.

Noes 53

New Zealand Labour 43; Green Party 9; Progressive 1.

Third Reading Environment Canterbury Bill

Ayes 64

New Zealand National 58; ACT New Zealand 5; United Future 1.

Noes 58

New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1.

The Other Urgent Business

Business completed up to the third reading of the Unit Titles Bill

House adjourned at 4.08pm on Thursday (1 April)

Key Outcomes of the Project

Occasional Paper for the NZ Centre of Public Law

Public lecture

Presentation to parliamentary staff and interested MPs

Publish in journals (domestic and international)

Submissions to any committee which reviews the Standing Orders