{"id":4237,"date":"2023-05-05T05:10:16","date_gmt":"2023-05-04T17:10:16","guid":{"rendered":"https:\/\/thebuzz.apnanetwork.co.nz\/?p=4237"},"modified":"2023-05-05T05:10:16","modified_gmt":"2023-05-04T17:10:16","slug":"speaker-rules-meka-whaitiri-not-affected-by-waka-jumping-law","status":"publish","type":"post","link":"https:\/\/thebuzz.apnanetwork.co.nz\/?p=4237","title":{"rendered":"Speaker rules Meka Whaitiri not affected by &#8216;waka-jumping&#8217; law"},"content":{"rendered":"<p>Meka Whaitiri seems set to remain in Parliament acting as an independent MP, somehow avoiding the so-called &#8220;waka jumping&#8221; law.<\/p>\n<p>Whaitiri\u00a0<a href=\"https:\/\/www.rnz.co.nz\/news\/political\/489169\/te-pati-maori-confirms-meka-whaitiri-to-leave-labour-and-join-as-ikaroa-rawhiti-candidate\">this morning announced<\/a>\u00a0she was resigning from the Labour Party\u00a0<a href=\"https:\/\/www.rnz.co.nz\/news\/political\/489145\/meka-whaitiri-to-resign-from-labour-and-stand-for-te-pati-maori\">to join Te P\u0101ti M\u0101ori<\/a>\u00a0&#8211; a move which, if formally notified to the Speaker of the House &#8211; would appear to trigger the Electoral (Integrity) Amendment Act.<\/p>\n<p>However, Speaker Adrian Rurawhe has informed Parliament he has not received a letter to that effect &#8211; despite Whaitiri&#8217;s public claim otherwise.<\/p>\n<div class=\"photo-captioned photo-captioned-full photo-cntr eight_col \"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/rnz-ressh.cloudinary.com\/image\/upload\/s--p71D3nQo--\/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050\/v1624974773\/4M4OBL8_2.Bully-Whaitiri_14061\" alt=\"\" width=\"1050\" height=\"590\" \/><\/p>\n<p class=\"photo-captioned__information\"><span class=\"caption\">Meka Whaitiri\u00a0<\/span><span class=\"credit\">Photo:<\/span><\/p>\n<\/div>\n<p>&#8220;This morning, I have officially notified the Speaker that I have resigned from the Labour Party and am joining Te P\u0101ti M\u0101ori, effective immediately,&#8221; she said.<\/p>\n<p>Asked by reporters if it meant she would automatically give up her seat, Whaitiri initially said &#8220;no&#8221;, but Te P\u0101ti M\u0101ori president John Tamihere interrupted her, saying &#8220;no, no I&#8217;ll answer the constitutional issues&#8221;.<\/p>\n<p>&#8220;We&#8217;re working that through with the speaker right now,&#8221; Tamihere said, &#8220;so it&#8217;s inappropriate to give you any landing space until that conversation&#8217;s concluded. There are legal issues, we&#8217;re working our way through that.&#8221;<\/p>\n<div class=\"photo-captioned photo-captioned-full photo-cntr eight_col \"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/rnz-ressh.cloudinary.com\/image\/upload\/s--CWKcZnGe--\/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050\/v1644519868\/4M1M6NI_copyright_image_279215\" alt=\"Wh\u0101nau Ora Commissioning Agency chief executive John Tamihere says the Ministry of Health is running out of time to release data on unvaccinated M\u0101ori after losing a landmark decision in the High Court on Monday.\" width=\"1050\" height=\"591\" \/><\/p>\n<p class=\"photo-captioned__information\"><span class=\"caption\">Te P\u0101ti M\u0101ori president John Tamihere\u00a0<\/span><span class=\"credit\">Photo:\u00a0Stuff \/ Jason Dorday<\/span><\/p>\n<\/div>\n<p>MPs from all parties in Parliament except Te P\u0101ti M\u0101ori have questioned the speaker about how it can all add up, in a sometimes heated discussion at Parliament.<\/p>\n<p>It began with Rurawhe informing the House that &#8220;under standing order 35.5, the honourable Meka Whaitiri is from today regarded as an independent member for Parliamentary purposes&#8221;.<\/p>\n<p>National MP Michael Woodhouse pointed out Whaitiri&#8217;s comments at the marae and asked the speaker to make clear whether a letter was received, if so which parts of the law were not met, and whether he would release the correspondence by &#8220;tabling&#8221; it.<\/p>\n<p>Rurawhe said there were &#8220;very specific events&#8221; that would be required by the law to trigger Whaitiri&#8217;s ejection and &#8220;I can confirm to the House that those events have not happened&#8221;.<\/p>\n<div class=\"photo-captioned photo-captioned-full photo-cntr eight_col \"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/rnz-ressh.cloudinary.com\/image\/upload\/s--Shw60m6---\/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050\/v1661556768\/4LMJKET_Speaker_election_Adrian_Rurawhe_in_the_chair_jpg_9\" alt=\"Election of a new Speaker in Parliament\" width=\"1050\" height=\"700\" \/><\/p>\n<p class=\"photo-captioned__information\"><span class=\"caption\">Speaker of the House Adrian Rurawhe\u00a0<\/span><span class=\"credit\">Photo:\u00a0VNP \/ Phil Smith<\/span><\/p>\n<\/div>\n<p>&#8220;I think it would be a dangerous situation for the Speaker of the House to start interpreting things that are clearly not being officially and submitted to me. Now, as I began my ruling, members can say whatever they like outside of this house but unless they inform me in the correct way by sending me a signed letter that is the case, I cannot act on it.<\/p>\n<p>&#8220;I&#8217;m not prepared to do that until I get a letter signed by the member concerned, that &#8230; what she has said outside &#8230; is her intention to do.&#8221;<\/p>\n<p>The distinction hinges on section 55B, which requires three things: Being signed by the MP, being addressed to the speaker, and notifying him either of their resignation from the party they were elected for or that they wish &#8220;to be recognised for parliamentary purposes as either an independent member of Parliament or a member of another political party&#8221;.<\/p>\n<div class=\"photo-captioned photo-captioned-full photo-cntr eight_col \"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/rnz-ressh.cloudinary.com\/image\/upload\/s--cOmX2N4g--\/c_scale,f_auto,q_auto,w_1050\/v1683087950\/4L9KWT9_55B_JPG\" alt=\"The crucial Section 55B in the Electoral (Integrity) Amendment Act 2018.\" width=\"1050\" height=\"286\" \/><\/p>\n<p class=\"photo-captioned__information\"><span class=\"caption\">The crucial Section 55B in the Electoral (Integrity) Amendment Act 2018.\u00a0<\/span><span class=\"credit\">Photo:\u00a0New Zealand Parliament \/ Screenshot<\/span><\/p>\n<\/div>\n<p>National MP Chris Bishop asked Rurawhe again specifically which of these was not met, for example was the message emailed and therefore did not have a physical signature?<\/p>\n<p>Rurawhe said he had not received any letter of resignation &#8211; signed or unsigned &#8211; but a message was sent by email.<\/p>\n<p>&#8220;I believe I followed the law to the letter, so when I tell this House I do not have a letter I actually mean it. What I have got is indication from the Honourable Meka Whaitiri that for Parliamentary purposes she has withdrawn her vote with the Labour Party,&#8221; Rurawhe said.<\/p>\n<p>ACT&#8217;s David Seymour questioned whether the problem was around the term &#8220;for Parliamentary purposes&#8221;.<\/p>\n<p>Rurawhe confirmed Whaitiri would be regarded as an independent member &#8220;for those purposes&#8221;.<\/p>\n<p>&#8220;The act is very clear and until I have got a letter stating that the member has resigned under that section, then she is still a member of Parliament.<\/p>\n<p>&#8220;Regardless of the way that the Honourable Meka Whaitiri has advised both the public, the Labour Party or anyone else about anything that she&#8217;s doing, she has not notified me. So she can, as a member of this house, tell me that her proxy vote is not with the Labour Party now &#8211; as I&#8217;ve said before &#8211; and that for Parliamentary purposes that she is regarded as an independent member of Parliament.&#8221;<\/p>\n<p>Bishop questioned how he could regard her as independent member unless she had told him.<\/p>\n<div class=\"photo-captioned photo-captioned-full photo-cntr eight_col \"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/rnz-ressh.cloudinary.com\/image\/upload\/s--lgUzkU9j--\/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050\/v1682984863\/4L9N4PJ_Caucus_May_2_16_jpg\" alt=\"Chris Bishop\" width=\"1050\" height=\"700\" \/><\/p>\n<p class=\"photo-captioned__information\"><span class=\"caption\">Chris Bishop\u00a0<\/span><span class=\"credit\">Photo:\u00a0RNZ \/ Samuel Rillstone<\/span><\/p>\n<\/div>\n<p>&#8220;By definition she must have notified you because you&#8217;ve just indicated you&#8217;re regarding her as that.&#8221;<\/p>\n<p>Rurawhe replied: &#8220;Only for Parliamentary purposes&#8221;.<\/p>\n<p>Labour&#8217;s Grant Robertson pointed out there was a longstanding convention that voting in the house was to be decided by members themselves, and communication about that was &#8220;different&#8221; to communication about the Electoral Act.<\/p>\n<p>Green co-leader James Shaw also had a go, asking whether &#8220;she has not ceased to be a member of the Parliamentary Labour Party but that she has withdrawn her vote&#8221;.<\/p>\n<div class=\"photo-captioned photo-captioned-full photo-cntr eight_col \"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/rnz-ressh.cloudinary.com\/image\/upload\/s--QiP0gK_U--\/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050\/v1677469706\/4LD6SSD_RNZD5925_jpg\" alt=\"Green Party co-leader James Shaw\" width=\"1050\" height=\"700\" \/><\/p>\n<p class=\"photo-captioned__information\"><span class=\"caption\">Green Party co-leader James Shaw\u00a0<\/span><span class=\"credit\">Photo:\u00a0RNZ \/ Angus Dreaver<\/span><\/p>\n<\/div>\n<p>In answer, Rurawhe gave his final words on the matter.<\/p>\n<p>&#8220;In terms of for Parliamentary purposes the Honourable Meka Whaitiri being an independent MP is a determination under standing orders,&#8221; he said.<\/p>\n<p>&#8220;She has not told me that she is an independent MP, but for the purposes of Parliament I have notified the House that she has asked me and informed me that she has withdrawn her proxy [vote] from the Labour Party and she wishes to sit somewhere else. That&#8217;s it.&#8221;<\/p>\n<p>Until Whaitiri&#8217;s email to the speaker is made public, it remains unclear exactly how Whaitiri&#8217;s decision to switch parties avoids the law &#8211; passed in 2018 with stated the purpose of removing MPs from Parliament if they do so, therefore upsetting the proportionality of Parliament.<\/p>\n<p>&nbsp;<\/p>\n<p>SOURCE RNZ<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Meka Whaitiri seems set to remain in Parliament acting as an independent MP, somehow avoiding the so-called &#8220;waka jumping&#8221; law. Whaitiri\u00a0this morning announced\u00a0she was resigning from the Labour Party\u00a0to join Te P\u0101ti M\u0101ori\u00a0&#8211; a move which, if formally notified to the Speaker of the House &#8211; would appear to trigger the Electoral (Integrity) Amendment Act. [&hellip;]<\/p>\n","protected":false},"author":6,"featured_media":4238,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[222,174],"tags":[],"class_list":["post-4237","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-latest-news","category-nz-news"],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=\/wp\/v2\/posts\/4237","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4237"}],"version-history":[{"count":1,"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=\/wp\/v2\/posts\/4237\/revisions"}],"predecessor-version":[{"id":4239,"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=\/wp\/v2\/posts\/4237\/revisions\/4239"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=\/wp\/v2\/media\/4238"}],"wp:attachment":[{"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4237"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thebuzz.apnanetwork.co.nz\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}