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Standing Orders of the Parliament of the Cook Islands
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1. Standing Orders
– These Standing Orders of the Parliament of the Cook Islands are made
pursuant to Article 34 (5) of the Constitution.
2. General rule for
conduct of business
- In all cases not provided for hereinafter, or by other rules or
practice of Parliament, resort shall be had to the practice of the
House of Representatives of New Zealand and the Commons House of the
Parliament of the United Kingdom of Great Britain and Northern Ireland
in force for the time being, which shall be followed as far as it can
- In these Orders, unless the context otherwise requires:
means a draft Act which, when it has passed through its various stages
in Parliament and has been assented to, will become an Act or statute:
“Chairman” means the Chairman of a committee of the whole House or a
select committee of the Parliament:
means the “Parliament Chamber”, being the place where the Parliament
meets from time to time pursuant to Article 29 of the Constitution:
means the Clerk of Parliament or if he is absent, or if the office is
vacant, the Clerk-Assistant or other person for the time being
performing the duties of the Clerk pursuant to these Orders:
means the Clerk-Assistant of Parliament, or if he is performing the
duties of the Clerk, or if he is absent, or if the office is vacant,
the person for the time being performing the duties of the
Clerk-Assistant pursuant to these Orders or by direction of
“Committee” means a standing, select or other committee of Parliament
and includes a committee of the whole House:
“Constitution” means the Constitution of the Cook Islands; and includes
any amendment thereto:
has the meaning given to it by Article 1(1) of the Constitution:
“Executive Council” means the Executive Council established pursuant to
22 of the Constitution:
of the Parliament” means the floor area of the Parliament Chamber from
a line at the rear of the Speaker's dais to a parallel line through the
rear of the seat or table of any Member at the farthest point from the
Speaker‟s dais and shall include all floor area between and any
Minister's reserved area provided for under Order 36:
“Government Bill” means a Public Bill introduced to Parliament by a
of the House” means the member for the time being appointed Leader of
House under the Civil List Act 1984:
“Leave” or “leave of the Parliament” or “leave of the committee” means
leave granted without a dissentient voice:
“Maori language” means the Maori language as spoken in Rarotonga:
representative” means a person who represents any newspaper, journal,
broadcaster, or company or other person disseminating information in
any manner or form to the public:
“Meeting” means any
sitting or sittings of Parliament commencing when Parliament first
meets after being summoned at any time and terminating when the
Parliament is adjourned sine die and at the conclusion of the session:
“Member” means a member of the Parliament elected pursuant to Article
27 of the Constitution:
“Minister” means a member of the Cabinet of Ministers:
“Order” or “Orders” means these Standing Orders:
of the day” means a Bill or other matter which the Parliament has
appointed or ordered to be taken into consideration or done on a
particular day or at a particular time:
“Paper” means any paper,
report, account, return, statement or other document which is
ordinarily laid on the Table at the time appointed by Order 64 for
presentation of papers:
“Parliament” means the Parliament of the Cook Islands constituted by
Part III of the Constitution:
means a Part of these Standing Orders:
of Parliament” means the Chamber and offices of Parliament and places
provided for the use of accommodation of strangers, members of the
public or representatives of the press and includes, while Parliament
is sitting, and subject to any exceptions made by direction of the
Speaker, the entire building in which the Chamber is situated and any
enclosure or open space adjoining or appertaining to such building and
used or provided for the purposes of Parliament:
means a Bill which, not being a Public Bill, is designed for the
particular interest or benefit of a person, or body of persons whether
incorporated or not:
“Private member” means any member who is not a Minister:
“Private member's Bill” means a Public Bill introduced to Parliament by
a private member:
“Public Bill” means a Bill relating to matters of public policy:
Representative” means the Queen‟s Representative in the Cook Islands
appointed pursuant to Article 3 of the Constitution; and
any person performing the functions of the Queen‟s Representative
pursuant to Article 7 of the Constitution:
Committee” means a select committee of Parliament, and includes a
standing select committee:
means the period commencing when Parliament first meets after its
prorogation or dissolution and terminating when parliament is prorogued
or dissolved without having been prorogued:
“Sitting” means a
period during which Parliament is sitting continuously without
adjournment; and includes any period during which Parliament is in
“Speaker” includes the Deputy Speaker or other member presiding at a
“Stranger” means any person who is not a member or officer of
“Table” means the Table of Parliament:
and “in writing” mean written by hand, type-written, duplicated, or
printed, or partly one and partly one or more of the other.
4. Suspension of Standing
Orders - (1) Any Standing Order or other rule of
Parliament may be suspended wholly or in part on motion, with or
Such motion shall not interrupt any debate and shall state the object
of, or reason for the proposed suspension, and no amendment may be
moved to such motion.
(3) The suspension of any Standing Order
or other rule of Parliament is limited in its operation to the
particular purpose for which such suspension has been sought.
MEETING OF NEW PARLIAMENT
5. Proceedings at
meeting of new Parliament
– On the first day of the meeting of a new Parliament for the despatch
of business after a general election, members having met at the time
and place appointed, the following business shall be transacted:
(a) The Clerk shall read
the notice summoning the new Parliament together;
(b) A list of the names of
the members elected to serve in Parliament shall then be read by the
Clerk and laid on the Table;
(c) Parliament shall then
elect a Speaker in the manner prescribed in Part III of these Orders;
The Speaker when elected shall present himself to the Queen‟s
Representative to take and subscribe the Oath of Allegiance pursuant to
Article 31(3) of the Constitution and lay claim to the privileges of
Parliament as provided under Order 11;
(e) The Speaker shall
thereupon return to Parliament and report as provided by Order 12;
The members shall then be called in alphabetical order to take the Oath
of Allegiance before the Speaker pursuant to Article 30 of the
Parliament may then proceed to elect a Deputy Speaker in the manner
prescribed in Part IV of these Orders, after which it shall adjourn.
ELECTION OF SPEAKER
6. Clerk to act as
- For the purpose of the election of a Speaker the Clerk shall act as
Chairman, and in any debate at such election shall decide the order in
which members are entitled to speak, and shall call each member in turn
for this purpose.
7. Time limit of speech
- The speech of any member in any debate at such election shall be
relevant to the question of election and shall not exceed five minutes.
8. A member or person
– (1) Whenever there is a vacancy in the office of Speaker whether as a
result of a dissolution or otherwise, Parliament shall as soon as a
quorum is present proceed to elect a Speaker pursuant to Article 31 of
(2) Any member, having first ascertained that
the member or person to be proposed is willing to serve if elected,
may, addressing himself to the Clerk, propose some other member (not
being a Minister) or any person who is qualified for election as a
member, by moving “That (naming the member or other person)… do take
the Chair of this Parliament as Speaker”, which motion shall be
(3) If only one member or person is so proposed he shall be declared by
the Clerk to have been elected.
(4) The Clerk shall then call upon the Speaker-elect to take the Chair.
The Speaker-elect having been congratulated by members, shall then
suspend the sitting for such period as will enable him to attend upon
the Queen‟s Representative.
9. Two or more members or
- (1) If two or more members or persons are proposed as Speaker, the
Clerk shall, after the second proposal and after each subsequent
proposal (if any) is made and seconded, ask “Is there any further
proposal?”, and if there is no further proposal, the Clerk shall say
“The time for proposals has expired”.
(2) When the time for proposals has expired debate may ensue, but there
shall be no right of reply.
10. Election of Speaker
by ballot - (1) If more than one candidate is proposed as
Speaker, Parliament shall proceed to elect a Speaker by ballot.
For the purpose of a ballot an officer of Parliament shall give to each
member present a ballot paper on which the member may write the name of
the candidate for whom he wishes to vote. Each ballot paper shall be
folded so that the name written thereon shall not be seen.
The ballot papers shall be collected by an officer of Parliament and
counted at the Table by the Clerk and two scrutineers chosen by the
Clerk from among the members present. The Clerk shall then declare the
(4) When more than two candidates have been proposed,
and at the first ballot no candidate obtains more votes than the
aggregate votes obtained by the other candidates, the candidate who has
obtained the smallest number of votes shall be excluded from the
election and balloting shall proceed, the candidate obtaining the
smallest number of votes at each ballot being excluded until one
candidate obtains more votes than the remaining candidate or the
aggregate votes of the remaining candidates, as the case may be.
Where at any ballot among three or more candidates two or more obtain
an equal number of votes, and one of them has to be excluded from the
election as provided by paragraph (4) of this Order, the determination
of the candidate to be excluded shall be by lot which shall be drawn in
such a manner as the Clerk shall decide.
(6) Where at any ballot
between two candidates the votes are equal, another ballot shall be
held. In the event of the votes still being equal after a second ballot
the election shall be determined by lot which shall be drawn in such a
manner as the Clerk shall decide.
(7) As the ballot papers are
counted they shall be placed in a box and when a candidate has been
declared elected as Speaker, the box shall be sealed in the presence of
Parliament and kept in the custody of the Clerk until the adjournment
of the sitting when the Clerk shall burn the ballot papers.
The Clerk having declared the member or person elected shall then call
upon the Speaker-elect to take the Chair, and the same procedure shall
thereafter be followed as in the case of an uncontested election.
presents himself to the Queen’s Representative
– (1) As soon as possible after his election
accompanied by his proposer and seconder and other members, shall
present himself to the Queen‟s Representative and shall take and
subscribe the Oath of Allegiance.
(2) The Speaker shall then, on
behalf of Parliament, lay claim to all its privileges, and especially
to freedom of speech in debate, and to free access to His Excellency
whenever occasion may require it, and that the most favourable
construction may be put on all its proceedings.
12. Speaker reports his
attendance on Queen’s Representative
– Parliament having resumed, the Speaker shall report that he had taken
and subscribed the Oath of Allegiance before the Queen‟s Representative
and that on behalf of Parliament he had laid claim to all its
privileges, and that His Excellency on behalf of the Queen had been
pleased to confirm the same.
ELECTION OF DEPUTY SPEAKER
13. Deputy Speaker may be
- At the commencement of a new Parliament, or whenever the office of
Deputy Speaker becomes vacant, Parliament may elect a member, not being
the Speaker or a Minister, to be Deputy Speaker.
14. Time limit of speech
- The speech of any member in any debate at such election shall be
relevant to the question of election and shall not exceed five minutes.
15. Member proposed and
appointed by motion
- (1) Any member, having first ascertained that the member to be
proposed is willing to serve if elected, may move without notice, that
a member be appointed Deputy Speaker, which motion shall be seconded.
If only one member is proposed the Speaker shall, without question put,
declare the member named in the motion which has been moved and
seconded to have been appointed Deputy Speaker.
16. Two or more members
(1) If more than one motion for the appointment of Deputy Speaker is
moved and seconded, the Speaker shall, after the second motion, and
after each subsequent motion (if any), ask if there is any further
motion, and if there is not, shall say that the time for motions has
(2) When the time for motions has expired, debate may ensue, but there
shall be no right of reply.
17. Election by ballot
- (1) If two or more motions for the appointment of Deputy Speaker are
moved and seconded the election shall be conducted by ballot in a
similar manner to the election of the Speaker as provided in paragraphs
(2) to (7) inclusive of Order 10.
(2) When the result of the
ballot is announced by the Clerk the Speaker shall declare the
successful candidate to be appointed as the Deputy Speaker.
Congratulatory speeches and acknowledgments by the Deputy Speaker may
PRESIDING IN PARLIAMENT AND
18. Presiding in
Parliament - (1) The Speaker shall preside over every
sitting of Parliament.
Whenever there is a vacancy in the office of Speaker the Clerk shall
act as Chairman until the Speaker has been elected in the manner
prescribed in Part III of these Orders and taken and subscribed the
Oath of Allegiance.
(3) The Speaker may at any time, without announcement, ask the Deputy
Speaker to take the Chair temporarily except when a
vote is to be taken in Parliament. The Deputy Speaker
shall be invested with all the powers of the Speaker while he occupies
the Chair temporarily.
Whenever the Speaker's absence is announced by the Clerk, the Deputy
Speaker shall take the Chair and shall be invested with all the powers
of the Speaker until the next sitting of Parliament.
Whenever the absence of both the Speaker and the Deputy Speaker is
announced by the Clerk, Parliament shall, by motion, elect a member
(not being a Minister) then present to take the Chair, and such member
shall be invested with all the powers of the Speaker for that sitting
19. Presiding in
committee of the whole House - (1) The Speaker shall
preside over every committee of the whole House.
(2) The Speaker may at any time, without announcement, ask the Deputy
Speaker to preside over a committee of the whole House.
20. Form of address to
- (1) The person presiding in Parliament shall be addressed as “Madam
Speaker”, “Mr Speaker”, “Mr Deputy Speaker” or “Mr Acting Speaker” as
the circumstances may require in each case.
(2) The person
presiding in a committee of the whole House shall be addressed as
“Madam Chairman”, “Mr Chairman”, “Mr Deputy Chairman” or “Mr Acting
Chairman” as the circumstances may require in each case.
OPENING OF PARLIAMENT
21. Proceedings for new
- On the first day of the meeting of a session of Parliament and, in
the case of a new Parliament, at the first sitting of Parliament after
the despatch of business pursuant to Order 5, the proceedings shall be
The Speaker and members, assembled in the Parliament Chamber, await a
message from the Queen's Representative desiring the immediate
attendance of Parliament to hear His Excellency's Speech;
On receiving such Message the Speaker and members preceded by the
Queen‟s Representative's Messenger, the Clerk and the Clerk-Assistant,
and the Sergeant at Arms shall attend at the place appointed by the
Queen‟s Representative in the Message;
The Speaker and the members, having heard the Queen‟s Representative's
Speech, shall return to the Parliament Chamber, and the Speaker shall
resume the Chair;
(e) Parliament may then
transact such business not involving any debate as may be conveniently
The Speaker shall then report that Parliament had attended upon the
Queen‟s Representative; and that His Excellency had been pleased to
make a Speech to Parliament, the text of which Speech had been handed
to him by His Excellency; the Speaker shall then lay such text upon the
(g) A member shall
then orally give notice of motion for a respectful Address in Reply to
His Excellency‟s Speech; and Parliament may thereafter adjourn.
22. Presence of the Queen
- On any occasion upon which Her Majesty the Queen intends to declare
in person the causes of calling together Parliament, references in
Parts VI and VII of these Orders to the Queen‟s Representative shall,
to the necessary extent, be read as references to Her Majesty.
ADDRESS IN REPLY
23. Motion moved and
- A member may, after having given notice, move, “That a respectful
Address be presented to His Excellency the Queen's Representative in
reply to His Excellency's Speech”; which motion, after being seconded,
is proposed from the Chair; and no amendment may be moved thereto
except to add additional words at the end thereof.
24. Amendments to motion
- Amendments to such motion shall be couched in respectful terms and
moved and seconded in the following form: “and that the following words
be added to such Address, namely” (here follow the words proposed to be
added to the Address); and any such amendment or any amendment thereto
shall for the purpose of debate be deemed to involve consideration and
decision of the main question.
25. Debate on motion for
Address takes precedence
- Unless otherwise ordered, the debate on the motion for the Address
and any amendment proposed thereto shall take precedence of all other
business and, until disposed of, shall be set down each day as an order
of the day as at the commencement of the next sitting.
26. Time limit of speech
on motion for Address - In the debate on the motion for
the Address each member shall be entitled to speak for 30 minutes.
27. If motion for Address
- If the motion as originally proposed be resolved in the affirmative
without any words being added thereto, the Address is thereupon
prepared and brought in by a Minister.
28. If motion for Address
- If the motion as originally proposed be amended by the addition of
any words thereto, and is resolved in the affirmative as so amended, a
committee comprising the mover and seconder of the motion and the mover
and seconder of the amendment which was adopted shall prepare the
Address, and such Address shall contain at the end thereof any words so
ordered by Parliament to be added thereto; and the Address, having been
prepared, is brought in by a Minister.
29. Procedure when
Address brought in
- (1) The Address prepared under Order 27 or 28 shall be brought in by
a Minister who shall move, “That the Speaker accompanied by the
proposer and seconder and the Clerk do present the following Address to
His Excellency the Queen's Representative at such time and place as His
Excellency may appoint” and the Minister then reads the Address.
The address having been seconded the Speaker shall put the question,
“That the Address be agreed to”, which question shall be decided
without amendment or debate.
(3) If, on a point of order being
raised, the Speaker is of opinion that the Address as brought in
contains in any part thereof any words or statements of a controversial
nature (except in any words which Parliament has ordered to be added to
such Address), such Address shall stand referred back to the Minister
or the committee as the case may be for amendment therein.
30. Address to be
presented by the Speaker
- The Speaker accompanied by the proposer, the seconder, the Clerk and
the Clerk-Assistant shall present the Address to the Queen‟s
Representative at such time and place as His Excellency may appoint.
SWEARING IN OF MEMBERS
31. Oath of Allegiance
- The Oath of Allegiance as prescribed by Article 30 of the
Constitution shall be administered before Parliament by the Speaker to
each member, who shall take and subscribe the same at the first
appropriate opportunity after the member‟s election to Parliament.
32. Business interrupted
to enable member to take Oath
- If at any time any member desires to be sworn the debate or business
then in progress shall be interrupted at some convenient time, and he
shall be called to the Table for that purpose.
(For languages used in
Parliament see Article 35 of the Constitution)
Records of proceedings - The following records of proceedings in
Parliament and in committees thereof shall be in the English languages:
notice of meeting, Business Paper, Order Paper, Agenda Paper and
Minutes. The Clerk may also decide to set out any of these records in
the Maori language.
SEATS OF MEMBERS
34. Allocation of seats
- The Clerk shall allocate a seat to each member:
Provided that should any question arise with regard to the seats to be
occupied by members, it shall be decided by the Speaker.
35. Member to speak from
- A member may speak only from the seat allocated to him but the
Speaker may allow the allocation to be changed from time to time.
36. Seats of Ministers
- (1) The seats allocated to Ministers shall not be allocated
An additional seat may be allocated for the use of Ministers in a
reserved area which shall be defined by the Speaker after consultation
with the Prime Minister at the commencement of each session and shall
during the period of occupancy be deemed to form part of the floor of
(3) The reserved area may be occupied
temporarily by a Minister in charge of any business before Parliament
or any committee thereof to enable him to consult departmental
representatives or other advisers.
ATTENDANCE OF MEMBERS
37. Leave of absence
- Leave of absence may be granted by Parliament to the Speaker or any
member, on motion without notice, stating the cause and period of
absence; and such motion shall have priority over all other business.
38. Member excused from
service - (1) A member shall be excused from service in
Parliament, or on any committee, so long as he has leave of absence.
Any member having leave of absence, shall forfeit the same if he
attends the service of Parliament, or any committee, before the
expiration of such leave.
39. Record of attendance
- The attendance of members at each sitting of Parliament or any
committee shall be recorded in the Minutes.
DUTIES OF CLERK
40. Business Paper
- The Clerk shall send to each member a copy of the Business Paper for
each meeting, if practicable, seven days before the meeting, and shall,
whenever the circumstances require, circulate a Supplementary Business
41. Order Paper
Before the opening of each day's proceedings the Clerk shall distribute
to members a paper, to be known as the Order Paper, stating the
business of the day.
42. Order Book
- The Clerk shall keep a book to be called the Order Book in which he
shall enter all matters intended for discussion at each meeting. The
Order Book shall be open to the inspection of members at all reasonable
43. Custody of records
- The Clerk shall have the custody of all records and other documents
belonging to Parliament which shall be open to inspection by members.
Such records may be made available to any person under such
arrangements as may be made by the Speaker.
- (1) The Clerk shall keep Minutes of the proceedings of Parliament and
of committees of the whole House and shall circulate a copy of such
Minutes in the Maori and English languages to all members, as soon as
possible after the conclusion of each meeting. Any member may draw the
attention of the Speaker to any error or omission in the Minutes.
The Minutes shall record the names of all members attending and all
decisions of Parliament and shall be signed by the Speaker or, in his
absence, by the Deputy Speaker, and shall be countersigned by the Clerk.
45. Record of members
- A record of all members shall be kept by the Clerk, in which shall be
entered the name of each member, the date of his election, the date of
his taking his seat, and, on his ceasing to be a member, the date and
46. Authority to destroy
- The Clerk shall have authority to destroy at the end of each session
the following records of Parliament which are more than three years old:
(a) Papers laid on the
(b) Clerk's and
Clerk-Assistant's notes including notices of motions and questions;
(c) Manuscripts of
(d) Draft Minutes,
proceedings, and papers of select committees;
(e) Draft reports of
(f) Messages from the
(g) Miscellaneous maps and
plans which, in the opinion of the Clerk are no longer of any value;
(h) Manuscript notes and
other books which can be of no further use;
Provided that the Clerk shall preserve such of the above records as he
may consider of historic or other interest.
47. Official Report to be
- An Official Report of the proceedings of Parliament, including any
committee of the whole House, which shall be as nearly as possible
verbatim, shall be prepared under the supervision of the Clerk in the
48. Official Report to be
- The Official Report shall be published in such form as the Speaker
may direct, and a copy thereof shall be sent to each member who asks
for it as soon as practicable after the conclusion of each session.
49. Record of speech may
be perused by a member
- A copy of the record of any member‟s speech may be perused at the
office of the Clerk and corrections may be made prior to publication.
50. Record of speech
disputed by member
- If a member disputes the correctness of the record of any speech or
seeks to make any material change in the record, the Speaker shall rule
thereon and shall direct publication of the speech in accordance with
his ruling which shall be communicated to the member and shall be final.
SESSIONS, MEETINGS, AND SITTINGS
meetings of Parliament see Article 29 of the Constitution; for
prorogation and dissolution see Article 37 of the Constitution)
51. Adjournment of
meetings - During any one session Parliament may adjourn a
meeting for such periods as it may determine.
52. Commencement of next
meeting after adjournment
- If a meeting is adjourned sine die, the date and hour of the
commencement of the next meeting shall, subject to the proviso to
paragraph (1) of Order 53, be decided by the Queen‟s Representative and
the Speaker shall be informed accordingly.
53. Notice of meetings
- (1) Before the commencement of a new meeting the Clerk shall send to
each member not less than seven
days written notice directing attention to the meeting of Parliament:
that the Queen‟s Representative may summon a meeting on such shorter
notice as the circumstances require, in which event notification shall
be given to members either in writing or by any other means which will
ensure that members are duly informed.
(2) Where Parliament is
to be reassembled after an adjournment of more than seven days, the
Clerk shall send to each member a written notice of the day appointed
for the next meeting and shall, if practicable, attach thereto a copy
of the Business Paper.
54. Sitting days and
hours of sitting
- (1) Unless otherwise ordered the sitting days of Parliament shall be
Monday to Friday inclusive, providing that Parliament shall not sit on
a public holiday.
(2) Subject to the provisions of Article 29 of
the Constitution and unless Parliament otherwise orders, sittings on
Monday, Tuesday, Wednesday
and Thursday shall commence at 1.00 p.m. and continue until 2.30 p.m.
when the Speaker or Chairman shall interrupt the business then
proceedings and suspend the sitting until 3 p.m. and Parliament shall,
subject to the provisions of Part XVI of these Orders, then continue to
sit until 5 p.m.
(3) Subject to the provisions of Article 29 of
the Constitution and unless Parliament otherwise orders, the sittings
on Friday shall commence at 10 a.m.
and continue until 11.30 a.m.
when the Speaker or Chairman shall interrupt the business then
proceeding and suspend the sitting until 12 noon
and Parliament shall, subject to the provisions of Part XVI of these
Orders, then continue to sit until 2 p.m.
At five minutes before the time appointed for the conclusion of a
sitting of Parliament the Speaker or Chairman shall interrupt the
business then under consideration, and if in committee declare
Parliament resumed, and the Speaker shall then adjourn Parliament
without question put.
(5) Every adjournment of Parliament shall, unless Parliament otherwise
orders, be to the next sitting day.
(6) The Speaker may at any time suspend a sitting.
QUORUM AND COUNTING OF PARLIAMENT
- A quorum of Parliament or of a committee of the whole House
(excluding the Speaker or the Chairman if he is a member) shall be 12
56. Parliament counted after prayers - After prayers
the Speaker shall count Parliament and if there is no quorum present in
Parliament, the Speaker shall direct members to be summoned, and if at
the end of 5 minutes a quorum is not present, the Speaker shall adjourn
Parliament, without question put, until the next sitting day:
Provided that when Parliament first meets for the despatch of business
pursuant to Orders 5 and 21 it shall not be counted.
Procedure where quorum not present after business commenced - (1) No
business shall be transacted at any sitting if there is not a quorum
(2) If at any time the attention of the Speaker is
directed to the fact that a quorum is not present he shall direct
members to be summoned, and if at the expiration of 5 minutes a quorum
is still not present he shall adjourn Parliament without question put.
If the absence of a quorum is noticed in a committee of the whole House
the Chairman shall direct members to be summoned, and if after the
expiration of 5 minutes a quorum is not present Parliament shall be
resumed and the Speaker shall forthwith count Parliament. If a quorum
is then present Parliament shall forthwith again resolve itself into
committee, but if a quorum is not present Parliament shall be adjourned
as provided in paragraph (2) of this Order.
58. Names of members
present on count out recorded in Minutes - Whenever the Speaker shall
be obliged to adjourn Parliament for the want of a quorum the hour at
which such adjournment is made and the names of the members then
present shall be recorded in the Minutes.
ADJOURNMENT OF PARLIAMENT TO
DISCUSS PUBLIC BUSINESS
Prime Minister, Minister, or Leader of the House may move adjournment
- (1) During any sitting of Parliament, the Prime Minister, any other
member who is a Minister, or the Leader of the House may move without
notice a motion “That Parliament do now adjourn”
(2) No other person may
move a motion for adjournment.
(3) No motion for
adjournment may be moved on any sitting day except after the
presentation of papers and petitions on that day.
No person (including the mover of the motion) may speak for more than 5
minutes on a motion for adjournment, and the debate shall be strictly
relevant to the particular matter raised.
(5) No more than one
motion for adjournment may be moved on any sitting day.
A motion moved under this Order, and any debate thereon, shall lapse
upon the adjournment of the sitting concerned unless otherwise decided
60. Restrictions on
motions to adjourn under Order 59
- The right to move the adjournment of Parliament for the purpose of
discussing a definite matter of urgent public importance is subject to
the following restrictions:
(a) Not more than one such
motion can be made at the same sitting;
(b) Not more than one
matter can be discussed on the same motion;
(c) The motion must not
revive discussion on a matter which has been discussed in the same
The motion must not anticipate a matter which has been previously
appointed for consideration by Parliament or with reference to which a
notice of motion has been previously given;
(e) The motion must not
raise a question of privilege.
61. Time limit of
speeches under Order 59
- No Minister or member other than the mover of the motion and the
Minister first speaking thereto (each of whom may speak for 20 minutes)
shall speak for more than 10 minutes, and the debate shall be strictly
relevant to the particular matter raised.
62. Interruption of
business to take substantive motion for adjournment
- (1) Unless otherwise ordered, at 12.30 p.m. on Fridays the
proceedings on any business than under consideration shall be
interrupted and a motion for the adjournment of Parliament to terminate
the sitting shall be moved by a Minister.
(2) The motion for the
adjournment shall be open to debate and any matters may be discussed,
but no member speaking to such question shall speak form ore than 10
Provided that no interruption of business as provided in this Order
shall take place in the following cases:
(a) While the Address in
Reply debate is in progress;
(b) In respect of the
sitting when the Financial Statement is presented and read;
(c) When urgency has been
accorded a Bill or other proceedings; or
(d) Where a substantive
motion for the adjournment of Parliament has been moved under Order 59.
63. Prime Minister may
move adjournment - The Prime Minister may
a motion for the adjournment of Parliament at any time before the
normal hour of adjournment on any sitting day. If such a motion is
moved the proceedings on any business then under consideration shall be
interrupted. The motion shall be open to debate and any matters may be
discussed, but no member speaking to such question shall speak for more
than 10 minutes.
ARRANGEMENT OF BUSINESS
64. Order of business
- The business for each sitting shall be set out in the Order Paper and
shall, unless otherwise ordered, be transacted in the following order:
(a) Formal entry of
(c) Swearing in of new
members (Order 32);
(d) Messages from the
Queen‟s Representative (Order 84);
(e) Other announcements by
(g) Statements by
Ministers (Order 87);
(h) Personal explanations
to Ministers and other members (Part XXIII);
(j) Presentation of Bills
(k) Presentation of Papers
(l) Presentation of
Petitions (Order 78);
(m) Orders of the Day
(n) Consideration of
Papers (Order 74);
(o) Motions with notice
for the adjournment of Parliament other than (1) above (Order 105);
(p) By leave of the
Speaker the order of business set out in the Order Paper may be altered
on any particular day
(q) Closing Prayer
Arrangement of business
- (1) On Monday, Tuesday, Wednesday, Friday Government business shall
have precedence of private members' business. On such days the
Government may arrange its business in such order as it thinks fit.
(2) On Thursday, the business of Parliament shall, subject to subclause
(3), be transacted in the following order -
(a) The order in which business
is set out in paragraph (a) to (f) of Order 64;
(b) Questions with notice to
Ministers and other members;
(c) Consideration of Papers;
(d) Private members’ business;
(e) Government business.
(3) On Thursday, -
Private members’ motions shall
take precedence over private members’ Bills;
Committee of Supply business
shall take precedence over private members’ business.
(4) This Order has effect notwithstanding anything to the contrary in
Order 64 or 70.
66. Allocation of time
for questions and answers on each sitting day - The
Speaker shall ensure that questions to Ministers and other members, and
the answers to those questions, are allocated -
(a) A total of 30 minutes of
sitting time on each of Monday, Tuesday, Wednesday, and Friday;
(b) A total of 1 hour of sitting
time on Thursday.
67. Allocation of time
for consideration of papers on Thursday - On Thursday, the
Speaker shall ensure that consideration of papers is allocated a total
of 1 hour of sitting time.
68. Time allocations
under Order 66 or 67
- (1) Parliament may extend a period of time specified in Order 66 or
67 by motion without notice and without debate, passed on the relevant
If the time required to be allocated under Order 66 is not used up with
questions and answers on any sitting day, or if the time required to be
allocated under Order 67 (together with any time added to it under
subclause (3) of this Order) is not used up with consideration of
papers on a Thursday, the Speaker shall direct that Parliament proceed
with the next business to be transacted that day.
On any Thursday, if the time required to be allocated under Order 66(b)
is not used up with questions and answers, the Speaker shall add the
unused time to the time required to be allocated to consideration of
papers on that day under Order 67.
(4) This Order and Orders 66 and 67 have effect notwithstanding
anything to the contrary in Order 64, 65, 66, or 67.
69. Business statement
- Every Friday the Prime Minister may make a statement in Parliament of
the business arranged for the succeeding week. The Prime Minister may
make supplementary statements whenever he so decides.
70. Orders of the day
- (1) Subject to Order 65 orders of the day and Government notices of
motion (public business) shall be disposed of in the order in which
they stand on the Order Paper, provided that the Government shall have
the right to have Government orders of the day and Government notices
of motion placed upon the Order Paper in the rotation in which they are
to be taken.
(2) Orders of the day not reached before the end of
a sitting or appointed for a day on which Parliament does not sit shall
be set down for the next sitting of Parliament.
71. Who may present papers
- A paper may be presented to Parliament only by the Speaker, a
Minister or the chairman of a select committee.
72. Presentation of papers
- (1) So soon as sufficient copies of a paper for distribution to
members have been received in the office of the Clerk or, if
distribution of copies is not practicable and a copy of such paper is
available for laying on the Table, notice of the presentation of that
paper may be placed on the Order Paper, and as soon as the Speaker
announces “Presentation of Papers” the Minister or person in charge of
any paper ready for presentation shall, without motion, lay the same on
(2) If so desired by the person presenting a paper a
short explanatory statement may be made upon its presentation, but
there shall be no debate thereon.
(3) Every paper presented to
Parliament shall be recorded as so presented in the Minutes of the
sitting at which it is presented.
73. Papers to be placed
on Order Paper
- (1) When any papers have been laid upon the Table they shall be
placed upon a list on the Order Paper for the next sitting day under
the heading “Consideration of Papers” in the order in which they were
laid upon the Table and after any such papers already on such list.
Such list shall show the date of presentation, the record number, the
title, and the number (if any) under which each paper will be bound in
the records and the method by which the same was laid upon the Table.
Any such paper shall retain its place upon such list on the Order Paper
from day to day until some motion is moved with respect thereto, or it
is dropped from the list in manner hereinafter provided, or it is
otherwise discharged from such list.
74. Consideration of
- (1) When “Consideration of Papers” is called on, the Speaker shall
call the number of each paper and the title thereof in the order in
which the papers appear on the Order Paper, and any member who desires
to debate any paper may on such paper being so called on forthwith
move, “That the paper be received or adopted or referred to Cabinet,
etc….”, or some other motion relevant to such paper.
(2) If no
motion be made with respect to any paper called on as aforesaid it
shall be dropped from the Order Paper and shall not appear again
75. Paper may be obtained
- Any paper desired by a member to be laid on the Table or furnished to
Parliament shall be obtained by a motion to that effect carried in
(For petitions requesting financial measures see Article 43 of the
76. Rules for preparation
of a petition
- No petition shall be presented to Parliament unless it shall have
been endorsed by the Clerk as having been prepared in accordance with
the following rules:
petition shall be clearly written by hand, typewritten, duplicated, or
printed, or partly one and partly one or more of the others;
(ii) No erasures or
interlineations may be made on any petition;
Every petition must be properly addressed to Parliament, respectful,
decorous and temperate in its language, and must conclude with a prayer
setting forth the general object of the petitioner;
(iv) Every petition must
be signed by at least one person on every sheet on which the prayer of
the petition is written;
If signatures are affixed to sheets other than that containing the
petition itself, such sheets shall carry at their head the prayer of
petition shall be signed by the parties thereto, by their own hand, and
by no one else, except in the case of incapacity by sickness or
otherwise; any person unable to write shall affix his mark in the
presence of a witness who shall affix his signature beside such mark;
every signature must be written upon and not pasted or otherwise
attached to each of the sheets on which the petition or prayer, as the
case may be, is written;
(vii) The petition of a
corporation shall be under its common seal, if it has one;
(viii) Every petition
shall be in the Maori or English language, and be accompanied by a
(ix) No letters,
affidavits, or other documents may be attached to a petition;
(x) No reference shall be
made in a petition to any debate in Parliament.
77. Style of petition
- The style in which a petition to Parliament shall be drawn up shall
be as follows:
“TO THE PARLIAMENT OF THE COOK
The Humble Petition of (here insert the names or description of the
petitioner or petitioners)
(here set forth the case or circumstances to be brought to the notice
of Parliament). Wherefore your petitioner (or petitioners) prays (or
pray) that (here set forth the particular object of the petitioner or
the nature of the relief asked for). And your petitioner(s), as in duty
bound, will ever pray, etc.
(Signatures, with addresses to follow.)”
78. To be presented by a
member - Petitions may be presented to Parliament only by
a member, but a member may not present a petition from himself.
79. Members to affix
their names - Every member presenting a petition to
Parliament shall affix his name at the beginning thereof.
80. Member’s statement
- A member presenting a petition shall confine himself to a brief
statement of the parties from whom it comes, the number of signatures
attached to it, and the material allegations contained in it, and to
reading the prayer of such petition.
81. Member may move that
petition be read
- On a petition being presented any member may move that it be read. No
debate shall be permitted on such motion, and if it is seconded the
question shall be put forthwith. If the motion is agreed to the Clerk
shall read the petition.
82. Disposal of petitions
- All petitions shall be ordered, without question put, to lie upon the
Table and shall then stand referred to a select committee appointed by
83. Petition on matter
having judicial remedy
- Parliament shall not receive any petition on any matter for which
there is a judicial remedy for which no application has been made.
MESSAGES FROM THE QUEEN’S
84. Written message to be
read by Speaker
- The Speaker shall immediately after prayers, or as soon as any new
members have been sworn, read to Parliament any written message
addressed to Parliament by the Queen‟s Representative.
85. Consideration of
- When a message has been communicated to Parliament, a time shall be
fixed for taking the same into consideration or, if no further
consideration be necessary, the message may then be laid upon the Table.
86. Verbal message may be
communicated by a Minister
- A verbal message from the Queen‟s Representative may be communicated
to Parliament by a Minister and brought up at any time before the
commencement or close of any public business.
87. Statements may be
made by Ministers - Statements on such matters as
Government policy, domestic issues, matters of
national or international interest,
legislative proposals, arrangement of business and sittings may be made
by Ministers on behalf of the Government at the time appointed under
88. Any debate may be
- The debate upon any question before Parliament may be interrupted by
leave of the Speaker to enable a ministerial statement to be made.
Debate on ministerial statement -
No debate on a ministerial statement shall be permitted at the time
when it is made, except by motion of Parliament moved without notice,
or by consent of the Minister who made the statement. However, any
member may move without notice that the statement be printed and laid
on the Table as a paper for consideration.
90. Member may explain
matter of personal nature
- By the indulgence of Parliament and the leave of the Speaker a member
may, at the time appointed for personal explanations under Order 64(h),
explain matters of a personal nature although there is no question
before Parliament, but such matter shall not be debated and the member
shall confine himself strictly to the vindication of his own conduct.
The terms of the proposed statement shall first be submitted to the
Speaker prior to the commencement of the sitting.
91. Accuracy of Minutes
may be raised - Points of order concerning the accuracy of
the Minutes may be raised at the time appointed for personal
QUESTIONS TO MINISTERS AND MEMBERS
92. Questions to Ministers
- Questions may be put to a Minister relating to public affairs with
which he is officially connected, to proceedings pending in Parliament,
or to any matter of administration for which he is responsible.
93. Questions to other
- Questions may be put to a member (not being a Minister) relating to
any Bill, motion, or other public matter connected with the business of
Parliament, of which the member has charge.
94. Rules for questions
- Every question shall conform to the following rules:
(a) It shall not include
the names of persons or statements not strictly necessary to render the
(b) It shall not contain
statements which the member who asks the question is not prepared to
It shall not contain argument, inferences, opinions, imputations,
epithets, or contentious, ironical, or offensive expressions;
(d) It shall not refer to
debates of the current session;
(e) It shall not refer to
proceedings in a committee which have not been reported to Parliament;
(f) It shall not seek
information about any matter which is of its nature secret;
shall not be asked on any matter which is sub judice;
It shall not reflect on a decision of a court of law in a manner that -
Places excessive pressure on the judiciary; or
Is otherwise likely to compromise the judiciary’s ability to decide
matters before it impartially and in accordance with the law;
(gb) It shall not contain
personal attacks on any member of the judiciary;
It shall not be asked for the purpose of obtaining an expression of
opinion, the solution of an abstract legal case, or the answer to a
(i) It shall not be asked
as to the character or conduct of any person except in his official or
(j) It shall not be asked
seeking information readily available in official publications or
ordinary works of reference;
(k) A question fully
answered shall not be asked again during the same meeting.
95. Speaker to decide
upon admissibility of a question
- If the Speaker is of the opinion that any question of which a member
has given notice to the Clerk or which a member has sought leave to ask
without notice, infringes any of the provisions of Order 91, he may
(a) That it be printed or
asked with such alterations as he may direct; or
(b) That the member
concerned be informed that the question is inadmissible.
Questions may be asked without notice on any sitting day other than
- (1) On any sitting day other than Thursday, a question may be asked
without notice and shall be answered, unless the Speaker is of the
opinion that -
The Minister or member to whom the question is addressed cannot provide
a meaningful answer to it without doing further research; and
It is necessary for the Minister or member to whom it is addressed to
have notice of the question, in order to do that research or to have it
done on that minister’s or member’s behalf.
(2) Where the Speaker is
of that opinion, the Speaker shall direct that –
The question be withdrawn; and
Notice of the question be given at least two full days (exclusive of
days on which Parliament does not sit) before the date on which the
answer is required.
Questions with notice on Thursday
- (1) On Thursday and no other sitting day, a question with notice may
be asked, and, subject to subclause (2), shall be answered.
No Minister or member shall be required to answer a question with
notice unless notice of the question has been given at least two full
days (exclusive of days on which Parliament does not sit) before the
date on which the answer is required.
(3) Notice of a question
may be given –
When Parliament is sitting, by handing the written question in at the
When Parliament is not sitting, by handing the written question in at
the office of the Clerk.
How to ask questions without notice
- (1) At the commencement of the period of time allocated for questions
and answers on a sitting day on which a question without notice may be
asked, each member wishing to ask a question that day shall indicate
his intention to the Speaker.
The Speaker shall determine the order in which the members are entitled
to ask questions, and shall call each member in turn for this purpose.
(3) A member called by
the Speaker shall rise in the member’s place and ask a question.
A member who has given indication under subclause (1), and does not get
a chance to ask the question before the expiry of the allocated time
that day, shall be given priority to ask that question on the next
sitting day on which questions without notice may be asked.
How to ask question with notice
- (1) On Thursday, when the time for asking questions arrives, the
Speaker shall call successively each member in whose name a question
appears in the Order Paper.
(2) The member so called
shall rise in the member’s place and ask the question standing in the
member’s name in the Order Paper.
In the absence of the member seeking to ask the question, any other
member may take over that question, and rise and ask that question on
behalf of the absent member.
Answers to questions with or without notice
- (1) An answer to a question (with our without notice) shall be read
by the Minister or member to whom the question is addressed, or another
Minister or member nominated by that Minister or member.
A copy of the answer shall be handed to the Clerk who shall arrange for
the question and answer thereto to be printed in the Minutes. A copy
shall also be handed to the member asking the question.
(3) When a question has
been asked and answered, no debate thereon shall be permitted.
As soon as a question is answered in Parliament any member may, without
notice, ask a supplementary question for the further elucidation of any
matter of fact referred to in the answer that has been given, but a
supplementary question must not be used to introduce any matter not
included in the original question.
101. Notices of motion
- Unless any of these Orders otherwise directs, notice shall be given
of any motion which it is proposed to make, with the exception of the
(a) A motion for the
suspension of a Standing Order (Order 4);
(b) A motion for the
election of a member to preside in Parliament (Order 18);
(c) A motion for the
closure of debate (Order 198);
(d) A motion relevant to a
paper under consideration (Order 74);
(e) A motion that a
petition be read (Order 81);
A motion to amend a motion of which no notice is required or which is
debated within 24 hours after notice has been given
(g) A motion that a member
be no longer heard (Order 196);
(h) A motion for the
suspension of a member named (Order 211);
(i) A motion for the
reference of a Bill to a select committee or the House of
Arikis (Order 234);
(j) A motion that
Parliament resolve itself into committee of the whole House (Order 287);
(k) A motion that a Bill
be recommitted (Order 254);
(l) A motion to report
progress and ask leave to sit again (Order 298);
(m) A motion for any
reading of a Bill (Orders 230 and 270);
(n) A motion for the
withdrawal of a Bill (Order 278);
(o) A motion for the
withdrawal of strangers (Order 378);
(p) A motion relating to a
matter of privilege (Order 384);
At the discretion of the Speaker, a motion for amendment of a
grammatical or printer‟s error or other form of minor amendment (Order
(r) Any adjournment motion
(s) A motion for a vote of
thanks or an expression of the appreciation of Parliament (Order 110);
(t) In a committee of the
whole House, a motion, provided it is relevant to the business of the
committee (Order 293);
(u) A motion that a
ministerial statement be printed and laid on the Table (Order 89);
(v) A motion for the
adjournment of Parliament (Orders 59, and 63);
(w) A motion for the
extension of the time limit of any speech (Order 392);
(x) A motion challenging
the vote of a member pecuniarily interested (Order 146);
(y) A motion for the
resumption of a debate interrupted by Parliament being counted out
102. Manner of giving
notice of motion
- Every notice of motion shall be signed by the member proposing such
motion or amendment and shall be given by handing it in at the Table
when Parliament is sitting, or by transmitting it to the office of the
103. Notice given for an
- A member, in the absence of another member and at his request, may
give notice of motion for that other member and shall put the name of
such member and his own signature on the notice.
104. Oral notice of
motion not acceptable
- No notice of motion shall be given orally in Parliament, but a member
may so inform Parliament of his intention to raise such a matter.
105. Notice of motion to
be submitted to the Speaker
- Every notice of motion shall be submitted to the Speaker who shall
direct that it be printed in its original terms or with such amendments
as he shall direct, or that it be returned to the member submitting it
as being inadmissible.
106. Length of notice
- (1) Except as provided in the next succeeding paragraph no motion
requiring notice shall be debated until at least two full days
(exclusive of days on which Parliament does not sit) after notice as
prescribed in Order 102 has been given.
(2) A motion requiring
notice and which is proposed by a Minister or a motion to amend a
motion requiring notice may be debated 24 hours after notice has been
Provided that when a motion is debated 24 hours after notice has been
given, amendments may be proposed to it without notice.
107. Terms of notice may
- After a notice of motion has been given the terms thereof may be
altered by the member who shall deliver to the Clerk an amended notice.
The Clerk shall submit such amended notice to the Speaker who shall
direct that it be printed in its amended form or that it be returned to
the member submitting it as being inadmissible.
108. Notice of motion may
- If a notice of motion is given which contains matters not relevant to
each other, the Speaker may instruct the Clerk to divide such notice
into two or more notices.
109. Precedence of motions
- (1) The Clerk shall enter notices on the Order Paper in the order in
which they are received by him.
(2) Motions shall have precedence and be debated according to the order
in which notices of motion stand on the Order Paper.
110. Motion for vote of
thanks or of condolence - Precedence is ordinarily given
by courtesy to a motion for a vote of thanks by Parliament or of
111. Motions to be
- (1) Unless it is otherwise expressly provided in any of these Orders,
every motion unless made in committee, must be seconded, and if not
seconded shall not be debated or entered in the Minutes.
mover of any motion may speak on the principle and merits of his motion
before formally moving but if it is not then seconded it shall lapse
112. Motions to amend
- The notice of any motion for the amendment of any of these Orders
shall be accompanied by a draft of the proposed amendments.. When the
motion has been proposed and seconded the question shall be put
forthwith. No debate shall be permitted on such motion. If the motion
is agreed to the proposed amendment shall stand referred to the
Standing Orders Committee and no further proceedings shall be taken
upon it until the Standing Orders Committee has reported upon it which
it shall do at its earliest convenience.
113. Motion may be
- (1) A member who has proposed a motion or amendment may withdraw it,
but if the motion or amendment has been seconded he may do so only by
leave of Parliament given without a dissentient voice.
motion or amendment to which an amendment has been moved may not be
withdrawn until the later amendment has either been disposed of or
114. Motion withdrawn may
be made again - A motion which by leave of Parliament has
been withdrawn may be made again during the same session.
115. Operation of notice
- A notice of motion does not become effective until it appears on the
PUTTING THE QUESTION
questions may be divided - The Speaker may divide a
complicated question to avoid any confusion.
117. Question put
- As soon as the debate upon a question has been concluded, the Speaker
shall put the question to Parliament.
118. Question determined
by majority of voices - A question being put shall be
resolved in the affirmative or negative, by the majority of voices
“Aye” or “No”.
119. Speaker states result
- The Speaker shall state whether, in his opinion, the “Ayes” or the
“Noes” have it; and if his opinion be challenged the question shall be
decided by a division.
RESOLUTIONS AND VOTES
120. Same question may be
- The Speaker may in his discretion, disallow any motion or amendment
which is the same in substance as any question, which, during the same
session, has been resolved in the affirmative or negative.
121. Resolution or vote
rescinded - No resolution or other vote of Parliament may
be rescinded during the same session unless 7 days notice be given.
122. Different forms of
- A question having been proposed may be amended by omitting certain
words only; by omitting certain words in order to insert or add other
words; or by inserting or adding words.
123. Relevancy of
amendment - Every amendment must be relevant to the
question which it is proposed to amend.
124. Amendments in
Parliament must be seconded - An amendment moved, but not
seconded, shall not be entertained by Parliament, nor entered in the
amendments - No amendment shall anticipate an order of the
day or another motion of which notice has been given.
126. Amendment to omit
words - When the proposed amendment is to omit certain
words, the Speaker shall put a question, “That those words be omitted”.
127. Amendment to omit
words and insert or add others
- When the proposed amendment is to omit certain words in order to
insert or add other words, the Speaker shall put a first question,
“That those words be omitted”, and if the question is agreed to, the
Speaker shall then put a second question “That those words be there
inserted (or added)”. If the first question is negatived no further
amendment may be proposed to the words which Parliament has so decided
shall not be omitted.
128. Amendment to insert
or add words
- When the proposed amendment is to insert or add words, the Speaker
shall put a question, “That those words be there inserted (or added)”.
129. Alternative form of
- If no member objects, the Speaker may put a question “That the
amendment be agreed to” in place of the question or questions stated in
Orders 126, 127 and 128.
130. Amendment to leave
out part only of words
- If the Speaker, before putting a question to leave out words as
provided in Order 126, is informed that a member wishes to
amendment to leave out part only of those words, and if he is of the
opinion that the proposed amendment of which he is informed is
substantially a new amendment, he shall, if possible put the question
to leave out words in such form as will enable the subsequent amendment
to be moved.
131. Two or more
- When two or more amendments are proposed to be moved to the same
motion, the Speaker shall call upon the movers in the order in which
their amendments relate to the text of the motion, or in cases of
doubt, in such order as he shall decide:
Provided that no
amendment may be moved which relates to any words which Parliament has
decided shall not be left out of the original motion.
amendment not to be moved - No amendment shall be moved
which is inconsistent with a previous decision of Parliament.
133. No amendment of
- No amendment may be moved to any part of a question after a later
part has been amended, or after a question has been proposed by the
Chair on an amendment thereto, unless the proposed amendment has, by
leave of Parliament, been withdrawn.
134. No amendment to
words already agreed to
- No amendment may be moved to any words which Parliament has resolved
shall stand part of a question, or which have been inserted in, or
added to, a question, except if it be in the addition of other words
135. Order of moving
amendments - An amendment proposed by the Chair shall be
disposed of before another amendment to the original question can be
136. Proposed amendment
withdrawn - An amendment proposed by the Chair may, by
leave of Parliament, be withdrawn.
137. Amendments to
proposed amendments - Amendments may be moved to an
amendment proposed by the Chair as if such proposed amendment were an
138. Amendment to words
proposed to be substituted
- When it is moved to omit words in the main question, in order to
insert or add others as provided in Order 127, no amendment to the
words intended to be inserted or added shall be accepted by the Chair
unless the first question proposed by the Chair under Order 127 be
resolved in the affirmative.
139. Question as amended
put - When amendments have been resolved in the
affirmative the main question shall be put as amended.
140. When amendments have
been negatived - When amendments have been negatived the
question shall be put as originally proposed.
VOTING AND DIVISIONS
141. Majority decisions
- Subject to the provisions of Articles 34(3) and 41 of the
Constitution all questions shall be decided by a majority of votes of
the members present in the Chamber.
142. Member to vote by
- (1) When a question has been put by the Speaker at the conclusion of
a debate, the votes shall be taken by voices “Aye” or “No” and the
result shall be declared by the Speaker.
(2) If in any case
after a question is put by the Chair the Speaker is not satisfied that
the voices given sufficiently show the will of Parliament, he may
refrain from declaring any decision on the question until, after
calling upon members again to give their voices, the question is again
put and the voices again taken.
143. Member may call for division
- Whenever the Speaker states, on putting a question, that the “Ayes”
or the “Noes” (as the case may be) have it, his opinion may be
challenged by any member calling for a division.
- If the Speaker is of the opinion that a division has been
unnecessarily claimed, he may call upon the members who voted with the
“Ayes” or “Noes” successively to rise in their places and he shall
thereupon, either confirm the earlier declaration on the voices or
order that a division be taken by the Clerk in accordance with Order
145. Every member present
- Subject to the provisions of Order 142 every member present in the
Chamber when a question is put by the Chair or when a division is taken
shall vote therein and in the case of a division every member shall
vote in accordance with his voice.
146. No member to vote if
- (1) No member shall be entitled to vote on any question (not being a
matter of public policy) in which he has a direct pecuniary interest
not held in common with the rest of the subjects of the Crown.
The vote of such member shall be challenged upon motion without notice
moved immediately the result on any question is declared by the Speaker
and in the case of a division if the vote of such member is determined
to be so interested it shall be disallowed.
(3) Where the
decision on any question is given on the voices and upon motion a
challenge is upheld the Speaker shall order a division on the question
to be taken forthwith.
147. Reasons for casting
vote - Any reasons stated by the Speaker or other person
presiding when exercising a casting vote shall be entered in the
(For casting vote see
Article 34(3) of the Constitution)
148. Division bells rung
- When a division has been requested by any member, the Speaker shall
ask the Clerk to ring the division bells intermittently for a period of
2 minutes and call in the members.
149. Question stated,
votes counted and result declared
- (1) After the expiration of the period of minutes the Speaker shall
put the question again to Parliament or the committee of the whole
House and shall call upon those members who are of the affirmative
opinion to rise in their places. The Clerk shall then call the name of
each member standing commencing with the Ministers and shall record
their names on a printed list. A member shall resume his seat when his
name has been distinctly called by the Clerk.
(2) When the votes
of all the Ayes have been recorded the Speaker shall call upon those
members who are of the negative opinion to rise in their places
whereupon a similar procedure shall be followed.
(3) When all
the votes, both affirmative and negative have been counted and the
names recorded, the Clerk shall hand the division lists to the Speaker
who shall declare the result.
150. Division lists
recorded in the Minutes
- The names of members who have voted on a division shall be recorded
in the Minutes and Official Report showing separately those who were of
the affirmative opinion and those who were of the negative opinion.
151. Member voting in
- If a member states that he voted in error he may immediately before
the Speaker has declared the result of the division, claim to have his
vote correctly recorded.
152. Second division may
be called in case of error
- In case of confusion or error concerning the numbers reported, unless
the same can otherwise be corrected, Parliament or the committee shall
proceed to a second division.
153. Mistakes corrected
- If the Speaker is informed that a division has been inaccurately
recorded, he may direct the Clerk to correct the Minutes and Official
154. Member may not speak
while division being taken
- No member shall be entitled to speak while a division is being taken
except to a point of order which, if raised, shall forthwith be decided
by the Speaker without debate.
RULES OF DEBATE
155. Members address
Speaker standing - Every member desiring to speak shall
rise in his place and address himself to the Speaker.
156. Indulgence to
members unable to stand - A member unable conveniently, by
reason of sickness or infirmity, to stand may be permitted to speak
157. Form of reference to
Ministers and members
- (1) A Minister shall be referred to by the designation of the
Minister or portfolio held by him, for example Prime Minister, Minister
of Agriculture, etc.
(2) Where convenient and while Parliament is sitting, a member may be
referred to as the “honourable member”:
that this Order shall not be taken as authorising the use of the style
“Honourable” in relation to a member in any other context
or outside Parliament.
158. Speaker decides
which member shall speak - When two or more members rise
at the same time, the Speaker shall decide which member shall first
159. Member not to read
his speech - A member shall not read his speech, but may
refresh his memory by reference to notes.
160. When member may speak
- A member may speak to any question before Parliament which is open to
debate, when moving a motion which is open to debate, when moving an
amendment, when he rises to a point of order arising out of a debate or
upon a matter of privilege, but not otherwise.
161. Personal explanation
- As provided under Order 90 a member may explain matters of a personal
nature, although there be no question before Parliament; but such
matters may not be debated.
162. Member not to speak
twice - No member may speak twice to a question except in
reply or in committee of the whole House.
Member may explain his words - (1) A member who has spoken
to a question has a right to be heard again to provide an explanation -
regard to some material part of the member’s speech which has been
vindicate the member’s character or conduct if it has been impugned.
member exercising the right may introduce any new matter or new
argument, except where the matter or argument is directly relevant to
the explanation; and
debatable matter may be brought forward; and
debate may arise upon the explanation.
No member exercising the right
may speak for longer than five minutes in total.
164. Right of reply
- A reply shall be allowed to a member who has moved a substantive
motion, and the reply shall be confined to matters raised during the
165. Reply closes debate
- In all cases the reply of the mover of the substantive motion closes
166. No member to speak
after question finally put
- No member may speak to any question after the same has been finally
put by the Speaker and the voices thereon have been given.
167. Member not speaking
when seconding motion may speak later
- It shall be competent for a member, when he seconds a motion or
amendment before Parliament without speaking to it, to address
Parliament on the subject of such motion or amendment at a later time
during the debate.
168. Allusion to previous
debate - No member may allude to any debate of the same
session unless such allusion be relevant to the matter under discussion.
169. Member may rise to
point of order - Any member may rise to speak on a point
of order or upon a matter of privilege suddenly arising.
170. Point of order takes
- A point of order being raised takes precedence, and the member
speaking shall resume his seat until the Speaker has given his ruling.
171. Reflections upon
votes of Parliament - No member may reflect upon any vote
of Parliament, except upon a motion that such vote be rescinded.
172. Use of Queen’s or
Queen’s Representative’s name
- No member may use the name of Her Majesty The Queen or the name of
the Queen‟s Representative disrespectfully in debate, nor for the
purpose of influencing Parliament in its deliberations.
Offensive or unparliamentary words - (1) No member may use words
in the Chamber that are offensive, or unparliamentary, in the context
in which they are used.
For the purposes of subclause (1), the determination of whether words
are offensive or unparliamentary in the context in which they are used
shall be made by Parliament.
Any member may move without notice for Parliament to determine whether
specified words used in a specified context are offensive,
unparliamentary, or both, and the question shall forthwith be put and
determined without debate.
If Parliament determines that those words, used in the specified
context, are offensive, unparliamentary, or both, the member who used
those words shall immediately withdraw them.
174. Where judicial
decision pending - No member shall refer to any matter on
which a judicial decision is pending.
175. Personal reflections
- All imputations of improper motives, or unbecoming reference to a
member‟s private affairs, blasphemous or unbecoming words, or personal
allusions shall be considered highly disorderly.
176. Speaker to intervene
- When any offensive or disorderly words are used, whether by a member
who is addressing the Speaker or by a member who is present, the
Speaker shall intervene.
177. Speaker to determine
- When the attention of the Speaker is drawn to words used, whether
spoken in the Maori or English language, he shall determine whether or
not they are offensive or disorderly.
178. Parliament will not
- Parliament will interfere to prevent the prosecution of any quarrel
between members arising out of debates or proceedings of Parliament or
any committee thereof.
discussion - No member may anticipate the discussion of
any subject which appears on the Order Paper:
that in determining whether a discussion is out of order on the ground
of anticipation, regard shall be had by the Speaker to the probability
of the matter anticipated being brought before Parliament within a
180. Proceedings of
committees not to be referred to
- No member may refer to any proceedings of a committee of the whole
House or of a select committee until such proceedings have been
reported to Parliament.
181. Member may not
interrupt except in certain cases - No member may
interrupt another member whilst speaking unless -
(a) To call attention to a
point of order or privilege suddenly arising;
(b) To call attention to
the want of a quorum;
(c) To call attention to
the presence of strangers;
(d) To elucidate some matter
raised by the member speaking in the course of that member’s speech.
Interruptions to elucidate matters raised by member speaking
- (1) A member who makes an interruption under paragraph (d) of Order
181 to claim a right granted under Order 163 may exercise the right in
accordance with Order 163 –
the member interrupted is willing to give way and resume that member’s
seat immediately following the interruption; and
any other case, immediately following the speech of the member
(2) A member who makes
an interruption under paragraph (d) of Order 181 for any other reason
may be heard –
If the member interrupted is willing to give way and resume that
member’s seat and the Speaker calls the member making the interruption,
immediately following the interruption; and
(b) In any other case, following
the speech of the member interrupted, by leave of the Speaker.
183. How debate may be
interrupted - The debate upon a question may be
(a) By a matter of
(b) By words of heat
(c) By a point of order;
(d) By a message from the
(e) By a member appearing
to be sworn;
(f) By a motion that
strangers be ordered to withdraw;
(g) By Parliament being
(h) With the making, by
leave of the Speaker, of a ministerial statement in accordance with
(i) By the speaker in
cases of disorderly conduct.
184. Adjournment of debate
- A member who has not spoken to the question or who has the right of
reply may move the adjournment of a debate to a later hour on the same
day or to any other day, which question shall be put forthwith and
determined without amendment or debate.
185. Member moving
adjournment entitled to speak first -
The member upon whose motion any debate is adjourned by Parliament,
shall be entitled, if he claims the right, to speak first on the
resumption of the debate.
186. If motion negatived
mover may speak later
- In the event of a motion for the adjournment of the debate upon any
question being negatived, the member moving the motion for such an
adjournment may address Parliament at a later period during such debate.
187. Resumption of
- If a debate be interrupted by Parliament being counted out, such
debate may, on motion without notice, be resumed at the point where it
was so interrupted. The question for the resumption of the debate shall
be put forthwith and determined without amendment or debate.
188. Adjourned debate on
privilege takes precedence
- An adjourned debate on a question relating to any privilege of
Parliament shall stand first on the Order Paper for the day to which
the debate is adjourned.
189. Member who has
spoken on main question may speak to new question arising
- A member who has spoken to a question may speak again to any other
new question which may arise.
190. Member who has
spoken on main question not again to enter upon it
- A member who has spoken on the main question may not again enter upon
it when speaking to an amendment, unless such amendment involves
consideration and decision of the main question.
191. Debate on amendment
confined to amendment: Exception
- When an amendment is moved the debate must be confined to the
amendment, unless it be of such a nature as to involve the
consideration and decision of the main question, in which case both the
main question and the amendment are open for discussion.
192. Member who has
spoken to amendment involving main question cannot speak to main
- No member who has spoken to any amendment which involves the
consideration and decision of the main question, shall subsequently
speak to the main question, either as originally proposed or as amended.
193. Amendment cannot be
withdrawn without leave
- An amendment cannot be withdrawn without leave nor, in the absence of
the mover, without his consent, unless circumstances preclude the
possibility of his being consulted.
194. Member who has
moved, seconded or spoken to amendment cannot move or second further
- Except in committee, no member who has moved, seconded, or spoken to
an amendment, may move or second a further amendment to the same
195. Member who has
spoken to the main question may not move or second amendment
- A member who has spoken or a member who has not spoken as provided
under Order 167 to the main question, or to any amendment which
involves the consideration and decision of the main question, may not
move or second an amendment (except in committee), but he may speak to
any such amendment when moved by another member.
196. Motion that member
be no longer heard
- If a member uses offensive words as provided in Order 173 and on
being called to order fails to retract or explain such words and offer
an apology to the satisfaction of the Speaker, any member may, with the
consent of the Speaker, move that the member using offensive words be
no longer heard, and the question on that motion shall be put forthwith
without amendment or debate.
197. Relevancy in debate
- (1) The debate upon any Bill, motion, or amendment shall be relevant
to such Bill, motion or amendment, except in the case of a motion for
the adjournment of Parliament under Orders 59, 62 or 63.
Where an amendment proposes to omit words and insert words instead
(Order 127) the debate upon the first question proposed on the
amendment may include both the words proposed to be left out and those
proposed to be inserted.
198. Closure of debate - After a question
has been proposed by the Speaker, any member who has not spoken to the
question may claim to move, “That the question be now put”, and unless
it shall appear to the Speaker that such a motion is an abuse of the
rules of Parliament or an infringement of the rights of the minority,
the question, “That the question be now put”, shall be put forthwith
and decided without amendment or debate.
199. If closure carried
other question already proposed may be put
- If the motion, „That the question be now put”, is carried and the
question consequent thereon has been decided, any member may claim that
any other question already proposed by the Speaker be now put, and if
the assent of the Speaker is given, such question shall be put
forthwith and decided without amendment or debate.
200. Limitation of debate
- (1) Parliament may upon motion impose a limit in respect of the
debate on any particular motion by allotting a limited period of time
for such debate or by limiting the time during which members may speak
in such debate or by imposing both such limitations. The debate on any
such matter, if the question is not put and decided, shall lapse upon
the expiry of the time limit or the adjournment of the sitting.
The Debate on the motion to limit debate on the main question pursuant
to Order 200(1) shall not involve a debate on the main question.
Such motion may be made without notice, provided that such motion shall
not be made in the course of the debate to which it refers unless it is
moved after adjournment of such debate and before the debate is resumed.
The debate on a private member‟s motion shall not exceed two hours
duration and shall lapse upon the adjournment of the sitting.
201. Time limit of
- Except where otherwise expressly provided in these Orders, each
member shall be entitled to speak for 20 minutes on each motion or on
any amendment or on any amendment to such amendment.
RULES OF ORDER
202. Speaker to be heard
in silence -
(1) Whenever the Speaker addresses Parliament during a debate, any
member then speaking, or offering to speak, shall immediately resume
his seat, and Parliament shall be silent, so that the Speaker may be
heard without interruption.
If the Speaker considers that there is unruliness in the Chamber, the
Speaker shall stand in the Speaker’s place, and every member in the
Chamber shall immediately cease talking, resume that member’s seat, and
remain silent until the Speaker orders otherwise.
203. Decision of Speaker
on point of order to be final
- The Speaker shall be responsible for the observance of the rules of
debate and order in Parliament and in committee, and his decision upon
any point of order shall not be open to appeal and shall not be
reviewed by Parliament except upon a substantive motion made after
204. Member to make
obeisance to the Speaker - Every member shall make
obeisance to the Speaker in passing to or from his seat or across the
floor of the Chamber.
205. Members leaving
- A member when passing between the Speaker and any member who is
speaking shall do so if practicable in such a way as not to interrupt
the Speaker‟s view of the member who is speaking.
206. Member speaking not
to be interrupted - When a member is speaking, no member
may converse aloud or make any noise or disturbance to interrupt him.
207. Members to stand as
Speaker enters or leaves Chamber
- When the Speaker enters the Chamber at the commencement of a sitting
or is about leave the Chamber at the conclusion of a sitting members
shall rise and stand in their places.
208. Members deviating
from Orders may be called to order
- Any member deviating from these Orders may be immediately called to
order by the Speaker or any member may rise to a point of order as
prescribed by Order 169.
209. Irrelevance or
- The Speaker after having called the attention of Parliament or of a
committee to the conduct of a member who persists in irrelevance or
tedious repetition either of his own arguments or the arguments used by
other members in debate, may direct the member to discontinue his
210. Disorderly conduct
- The Speaker shall order any member or members whose conduct is
grossly disorderly to withdraw immediately from the Chamber
during the remainder of the sitting. But if, on any occasion, the
Speaker deems that his powers and the provisions of this Order are
inadequate, he may name such member or members, in which event the
procedure as prescribed in Orders 211 to 215 shall be followed.
211. Member may be
suspended after being named
- Whenever a member shall have been named by the Speaker after the
commission of an offence of disregarding the authority of the Speaker,
or of persistently and wilfully obstructing the business of Parliament
by abusing the rules of Parliament or otherwise, then, if the offence
has been committed in Parliament the Speaker shall forthwith put the
question on a motion being made and seconded by any Minister or other
member, no amendment, adjournment or debate being allowed, “That such
member be suspended from the service of Parliament”; and, if the
offence has been committed in committee, the proceedings of the
committee shall forthwith be suspended and the circumstances reported
to Parliament; and the Speaker shall forthwith, on a motion being made
and seconded, put the same question without amendment, adjournment, or
debate, as if the offence had been committed in Parliament itself.
212. Period of suspension
- If any member is suspended under Order 211 then except as provided in
Order 215, suspension on the first occasion in any session shall be for
the remainder of that sitting; on the second occasion in any session
for 7 days, excluding the day of suspension; and on the third or any
subsequent occasion during the same session for 14 days
excluding the day of suspension.
213. Member suspended to
withdraw from the Chamber
- Members who are ordered to withdraw under Order 210 or who are
suspended from the service of Parliament under Order 211 shall withdraw
214. Speaker may direct
steps to enforce Orders 210 and 211
- The Speaker, when acting under the authority of Orders 210 and 211,
may direct such steps to be taken as are required to enforce those
215. Refusal of members
to obey directions given under Orders 210 and 211
- If a member, or two or more members acting jointly who have been
ordered to withdraw under Order 210 or who have been suspended from the
service of Parliament under Order 211 shall refuse to obey the
direction of the Speaker when severally summoned under the Speaker‟s
direction by an Order of any officer of Parliament or any officer of
the Police to obey such direction, the Speaker shall call the attention
of Parliament to his direction, and the member or members named by him
as having refused to obey his direction shall thereupon and without
further question being put be suspended from the service of Parliament
during the remainder of the session.
216. Parliament may
proceed in other manner
- Subject to the provisions of Article 36 of the Constitution, nothing
in this Part of these Orders shall be deemed to prevent Parliament from
proceeding against any member for any of the offences specified herein
in any other way Parliament thinks fit or from proceeding against him
for any offences not specified herein.
217. Grave disorder in
- In the case of grave disorder arising in Parliament, the Speaker may,
if he thinks it necessary to do so, adjourn Parliament without question
put or suspend the sitting for a period to be named by him.
Suspended member may not serve on any committee of Parliament - No member may serve on any
select committee while suspended from the service of Parliament.
219. Certain rules
- (1) Subject to the provisions of the Constitution and these Orders
any member of Parliament may introduce any Bill to Parliament and the
same shall be disposed of in accordance with these Orders.
(2) All Bills shall be classified as Pubic Bills or Private Bills as
defined in Order 3.
No Bill shall be presented to the Queen‟s Representative for assent
until it has been read three times and considered in a committee of the
(4) All Bills shall be distinguished by titles and
shall be divided into successive clauses consecutively numbered and to
every clause there shall be an introductory note.
(5) Matters which in the opinion of the Speaker have no proper relation
to each other shall not be included in the same Bill.
(6) No Bill shall contain anything foreign to that which its Long Title
220. Explanatory note to
accompany Bill - Every Bill shall be accompanied by an
explanatory note stating the objects of and the reasons for the Bill.
221. Publication of Long
Title of Bill in Gazette
- Except as provided in Order 223 no Bill shall be read a second time
unless the Long Title of the Bill has been published in the Cook
Islands Gazette and copies of the Bill have been distributed to members.
222. Distribution of
copies of Bill
- Copies of every Bill shall, as far as possible, be distributed to
members before the commencement of the sitting at which it is proposed
to be presented.
223. Certificate of
- Whenever the Speaker receives a Certificate of Urgency signed by the
Queen‟s Representative he shall lay such certificate on the Table and
any Bill to which the certificate applies may be then presented and
considered without prior publication of the Long Title in the Cook Islands Gazette.
224. Notice to be given
of introduction of a Bill
- At least one day‟s notice shall be given for the introduction of a
Public Bill and at least 7 days‟ notice shall be given for the
introduction of a Private Bill.
225. Presentation of
- Any member may present a Private Bill after the expiration of the
periods of notice required under Orders 224 and 281 and such Bill shall
be dealt with pursuant to Part XXXII of these Orders.
226. Introduction of
- A Public Bill may be presented by any Minister or member after notice
of the introduction of such Bill has been given pursuant to Order 224.
First reading of Bill - At the time appointed for “Presentation of
Bills” under Order 64 the Speaker shall call upon the Minister or
member in charge of the Bill to present it to Parliament. The Minister
or member shall rise in his place and hand a copy of the Bill to the
Provided that for the purpose of the first reading it
shall be sufficient if the copy of the Bill consists of the Short Title
228. Short Title of Bill read by Clerk - The Clerk shall
read aloud the Short Title of the Bill which shall then be deemed to
have been read a first time without any question being put.
229. Date of second
- The second reading of a Bill shall be taken at any sitting (including
the same sitting as that on which the Bill is read a first time) which
the Minister or member in charge of the Bill may appoint:
Provided that the sitting so appointed shall be not more than one month
after the first reading of the Bill.
230. Second reading of
- On a motion being made and seconded for the second reading of a Bill
the Speaker shall propose the question, “That the Bill be now read a
second time”, and a debate may arise covering the principles and
general merits of the Bill.
231. Amendment to
negative Bill on second reading
- On the second reading of a Bill, an amendment may be proposed to the
question, “That the Bill be now read a second time”, by omitting the
word “now” and adding the words “upon this day six months”, and no
amendment may be moved to this amendment, and if the amendment is
carried the second reading of the Bill shall be considered to have been
232. Other amendments to
- No other amendment may be moved to such question except in the form
of an amendment which must be relevant to the principles of the Bill.
233. Long Title read by
- If the motion, “That the Bill be now read a second time”, is carried,
the Clerk shall read aloud the Long Title of the Bill which shall then
be deemed to have been read a second time.
234. Committal of Bill
- When a Bill has been read a second time it shall stand committed to a
committee of the whole House, unless on motion it is referred to a
select committee or to the
House of Arikis. Such motion must be made immediately
after the Bill has been read a second time, and may be proposed by any
235. Second reading pro forma of Bill
referred to select committee or
House of Arikis - When it is intended to
refer a Bill to a select committee or
the House of Arikis the second reading may be moved pro forma and in
such case there shall be no speech by the mover or seconder and no
Provided that notice of intention to move pro forma
must be given either at the time of fixing the date for the second
reading or not less than two clear sitting days before the date fixed
for the second reading, the same to be notified on the Order Paper.
COMMITTEE OF THE WHOLE HOUSE
236. Committee stage may
be taken forthwith
- If a Bill stands committed to a committee of the whole House the
Speaker shall forthwith resolve Parliament into committee for
consideration of the Bill, unless upon motion Parliament decides to
take the committee stage at some subsequent time.
237. Parliament to
resolve into committee
- On the order of the day being read for the committee stage of a Bill
Parliament shall be resolved into committee without question put.
238. Committee not to
discuss principle of Bill - Any committee to which a Bill
is committed shall not discuss the principle of the Bill but only its
239. Committal of more
than one Bill at one time
- Not more than one Bill shall be referred to the same committee of the
whole House at the one time if objection be taken to doing so, but such
objection shall be at once determined by Parliament without amendment
240. Order to be observed
in considering Bills - The following order of business
shall be observed in considering a Bill in Committee:
(i) Clauses as printed;
and in reconsidering the Bill upon recommittal the same order shall be
New clauses (including those substituted for others disagreed to);
that in considering an Appropriation Bill or a Bill to impose taxation
any schedule shall where applicable be considered before the clauses.
Committee has power to make amendments to Bill committed subject to
certain conditions - A committee of the whole House shall have power to
make such amendments to a Bill committed for its consideration, as it
shall think fit, provided that the amendments (including new clauses
and new schedules) comply with the following conditions:
(a) They are relevant to
the subject matter of the Bill and to the subject matter of the clause
to which they relate;
They are not inconsistent with any clause already agreed to or any
decision already reached by the committee in relation to the Bill;
If they refer to, or are not intelligible, without a subsequent
amendment or schedule, unless the Chairman permits otherwise, must be
given before or when the first amendment is moved, so as to make the
series of amendments intelligible;
If an amendment passed by the committee is not within the Long Title of
the Bill, the Long Title shall be amended accordingly and the same
shall be reported to Parliament;
The provisions of Part XXVII of these Orders, relating to the method of
putting questions on amendments, shall apply to the consideration of
amendments to Bills, with the substitution where appropriate of the
word “clause” for the word “question” and any amendment proposed to an
amendment shall be dealt with before a decision is taken on the
242. Chairman reads
numbers and introductory notes of clauses
- (1) The Chairman shall read the number and introductory note to each
clause of a Bill, and if no amendment is offered the Chairman shall,
after convenient number of clauses has been read, put the question,
“That clauses ………..to……..stand part of the Bill”.
(2) In the
case of Bills containing a large number of parts and clauses the
Chairman may, with the leave of the Committee, read the number and
adding of each part only.
243. Amendment to or
comment on clauses
- If any member announces while the clauses are being read, that he
wishes to move an amendment to, or make some comment on a clause, the
Chairman shall forthwith put the question with regard to all clauses
which have been called but not yet agreed to, excluding the clause
indicated by the member, which shall then be considered.
244. Amendments may be
placed on Order Paper
- It shall be competent for any member desiring to propose amendments
to a Bill to lodge a written copy of such proposed amendments with the
Clerk, and such proposed amendments shall thereupon be placed forthwith
upon the Order Paper and each amendment shown thereon shall take
precedence over oral amendments.
245. Question put on
- After a clause has been considered, and after any proposed amendment
thereto has been agreed to or negatived, the Chairman shall put the
question, “That clause……..(or clause….as amended) stand part of the
246. Consideration of new
- New clauses may be considered at their appropriate places in the
Bill, or they may be deferred for consideration until after the clauses
in the Bill as printed have been disposed of.
247. Clauses postponed
- Any clause may be postponed unless the same has already been
considered and amended.
248. Reading of new
clauses and proposing amendments
- When the heading of any new clause is read by the Chairman the clause
shall be deemed to have been read the first time. The Chairman shall
then propose “That the clause be read a second time”, and if it is
agreed to, amendments may then be proposed to the new clause. The final
question to be proposed shall be, “That the clause (or clause as
amended) be added to the Bill”.
249. New schedules
- New schedules shall be dealt with in the same manner as new clauses
as provided under Orders 246 and 248.
250. New clause or
schedule agreed to may only be reconsidered on recommittal
- When a new clause or schedule has been agreed to by the committee or
amended and agreed to, it shall not be competent for the committee to
resume consideration thereof except upon recommittal as provided under
251. Report of progress
- (1) When a Bill has not been fully considered the Minister or member
in charge of the Bill may move, “That I do report progress (or no
progress)”, as the case may be, which question shall be put forthwith
without amendment or debate.
(2) The Speaker shall then declare
Parliament resumed and the Minister or member in charge of the Bill
shall then report to Parliament.
252. Bill to be reported
- When a Bill has been fully considered by the Committee, the Chairman
shall put the question, “That the Bill be reported to Parliament with
(or without) amendments”, which question shall be decided without
amendment or debate.
253. Consideration and
adoption of report
- (1) So soon as the committee of the whole House has agreed that a
Bill be reported as provided under Order 252 the Speaker shall
forthwith declare Parliament resumed and the Minister or member in
charge of the Bill shall then report to Parliament that the Bill has
passed through the committee stage with or without amendment, as the
case may be.
(2) When a Bill has been so reported the Speaker
shall put the question, “That the report on the Bill be adopted”, and
such question shall be decided without amendment or debate.
When the report is adopted, and except as provided under Order 269, the
third reading of the Bill shall be taken on a future sitting day.
254. Recommittal of Bill
- At any time before a Minister or a member rises to move the third
reading of any Bill, any member may, without notice, move that the Bill
be recommitted (either wholly or in respect only of some particular
clause, part, or schedule of a Bill or some proposed new clause, part
or schedule), if such member so moving desires to delete or amend any
provision contained in the said Bill as reported from a committee of
the whole House, or to introduce any new provision thereto.
255. Parliament to
resolve into committee
- If the motion for the recommittal of a Bill under Order 254 is agreed
to Parliament shall forthwith or on a future day (in accordance with
the terms of the motion) resolve itself into committee to consider the
business so recommitted.
256. Procedure where Bill
wholly recommitted - If a Bill is wholly recommitted it
shall be dealt with by the committee in accordance with Orders 240 to
257. Procedure where part
only of Bill recommitted
- If a Bill has been recommitted in respect only of some particular
clause, part or schedule or some proposed new clause, part of schedule,
the committee shall consider only the matter so recommitted and any
amendment which may be moved thereto.
258. Recommitted Bill to be reported
- When a Bill recommitted under Orders 254 to 257 is considered by the
committee it shall be reported as provided under Orders 251 to 253.
COMMITTAL TO SELECT COMMITTEE OR
HOUSE OF ARIKIS
Bill may be committed to select committee or House of Arikis
- If on a motion moved under Order 234 a Bill is referred to the Bills
Committee, another select committee, or the House of Arikis, Parliament
may not take further proceedings on the Bill until the select committee
or (as the case may be) the House of Arikis has reported on that Bill
No report may be made more than 3 months after referral
- (1) No report on a Bill by a select committee or the House of Arikis
may be laid on the Table after the expiry of 3 months from the date on
which the Bill is referred to the select committee or (as the case may
be) the House of Arikis under Order 234.
Notwithstanding Order 229, if a Bill is not reported to Parliament in
accordance with Order 263 or (as the case may be) 264, within 3 months
of being referred to the select committee or (as the case may be) the
House of Arikis, Parliament may take further proceedings on the Bill.
(3) This Order does not
apply where Parliament grants an extension under Order 261.
Extension of time for reporting
- ( 1) Instead of tabling a report under Order 263 or 264, a select
committee or the House of Arikis to which a Bill is referred may
recommend that Parliament extend the time for reporting on the Bill
from 3 to 6 months.
A recommendation under
subclause (1) shall be –
Signed by the Chairman of the select committee or (where the Bill is
referred to the House of Arikis) the President of the House of Arikis;
Accompanied by a concise statement of the reasons for the
Presented to the Speaker no later than 3 months from the date on which
the B is referred to the Select Committee or (as the case may be) the
House of Arikis; and
Laid on the Table by the Speaker at the first available opportunity at
the time prescribed for presentation of papers under Order 64.
Parliament may grant an extension following a recommendation made in
accordance with subclause (2) by agreeing to a motion, “That the time
for reporting be extended to 6 months.
Where Parliament has granted an extension, no report on the Bill (in
relation to which an extension has been granted) by a the select
committee or the House Arikis may be laid on the Table after the expiry
of 6 months from the date on which the Bill is referred to the select
committee or (as the case may be) the House of Arikis under Order 234.
Notwithstanding Order 259, if a Bill in relation to which an extension
has been granted is not reported to Parliament, in accordance with
Order 263 or (as the case may be) 264 within 6 months of being referred
to the select committee or (as the case may be) the House of Arikis,
Parliament may take further proceedings on the Bill.
262. Bill to be reported
by select committee
- When a Bill has been fully considered by a select committee under
Orders 259 and 260 the committee shall direct the Chairman of the
select committee to report the Bill with (or without amendment to
263. Report of select
committee on Bill
- A copy of the report of the select committee shall be signed by the
Chairman and laid on the Table at the time prescribed for presentation
of papers under Order 64.
264. Procedure where Bill
committed to House of Arikis
- (1) Where a Bill is referred to the House of Arikis on motion under
Order 234, the Speaker shall attach to the Bill a request that the Bill
be referred to a select committee of the House of Arikis.
(2) A report on a Bill by the House of Arikis shall be -
(a) Signed by the
President of the House of Arikis; and
(b) Presented to the
(c) Laid on the Table by
the Speaker at the time prescribed for presentation of papers under
265. Consideration of
- When a Bill has been reported by a select Committee or the House of
Arikis, the consideration of the report and the Bill shall be taken on
a future sitting day.
266. Consideration of
Bill reported -
When a Bill has been reported by a select committee or the House of
Arikis, Parliament shall proceed to consider the Bill as reported upon
a motion, -
(a) In the case of a
report by a select committee, “That the report from the select
committee be approved”;
(b) In the case of a
report by the House of Arikis, “That the report from the House of
Arikis be approved”.
267. Adoption of report
- If the motion under Order 266 is agreed to without amendment
Parliament may, as provided under Order 269, proceed to the third
reading of the Bill in the form that it is reported (with or without
amendment) from the select committee or the House of Arikis.
268. Bill may be
- (1) When Parliament considers the motion under Order 266 any member
may propose an amendment to add at the end of the motion the words
“subject to the recommittal of the Bill (either wholly or in respect
only of some particular clause, part or schedule or of some proposed
new clause, part or schedule) to a committee of the whole House”, and
if that motion is agreed to with such amendment the Bill shall stand so
recommitted. Parliament may forthwith or on a future day resolve it
self into committee to consider the business so recommitted.
A committee of the whole House upon a Bill recommitted under this Order
shall consider the Bill in accordance with the provisions of Orders 254
THIRD READING AND PASSING
269. Third reading may be
taken on same day as Bill reported
- A motion for the third reading of a Bill may be made on the same day
as the Bill is reported from a committee of the whole House or a select
committee, except in the case of an Appropriation Bill or any Bill
presented upon a Certificate of Urgency.
270. Motion made and
- Upon a motion being moved and seconded, “That the Bill be now read a
third time”, amendments for the correction or errors or oversights may,
with the Speaker‟s permission, be made, but no amendment of a material
character affecting the provisions of the Bill shall be proposed.
271. Amendment to defer
or negative Bill
- When the question is proposed, “That the Bill be now read a third
time”, it shall be competent for any member to move an amendment in
similar form as prescribed under Order 231, and if such an amendment is
carried the third reading of the Bill shall be considered to have been
No debate on motion
- No debate shall be permitted on a motion made under Order 269, 270,
273. Long Title of Bill
read by Clerk
- If the motion “That the Bill be now read a third time” is carried,
the Clerk shall read aloud the Long Title of the Bill which shall then
be deemed to have been read a third time.
274. Bill passed
- After the third reading no further questions shall be put and the
Bill shall have passed Parliament.
ASSENT TO BILLS
assent to Bills by Queen’s Representative and amendments proposed to
Bills by the Queen’s Representative see Article 44 of the Constitution)
275. Bills passed to be
printed fair, certified, and presented for assent
- When a Bill has been passed by Parliament, it shall be printed fair,
by direction of the Clerk, who shall certify eight copies thereof to be
true copies, and shall present them to the Queen‟s Representative for
assent in accordance with Article 44 of the Constitution.
276. Procedure for
considering Bill returned to Parliament by message from Queen’s
- (1) When a Bill is returned to Parliament by message from the Queen‟s
Representative as provided by Article 44(3) of the Constitution the
Bill together with the message and any amendments proposed therein
shall be referred to a committee of the whole House.
committee shall go through the Bill in the manner provided under Orders
238 to 250, considering any amendments proposed in the message and any
other amendments that may be proposed by members.
(3) When the
Bill has been fully considered and reported the Speaker shall forthwith
proposed the question, “That the Bill be again passed” (with or without
amendments), and if the motion is carried the Bill shall again be
presented to the Queen‟s Representative for assent as provided by Order
277. After assent has been signified - When the assent to a
Bill has been signified the Clerk shall deposit one of the assented
copies with the Registrar of the High Court, deliver copies to the
secretary to the Queen‟s Representative and retain one copy in the
office of the Clerk.
(For Bills repealing or amending
the Constitution see Article 41 of the Constitution)
278. Withdrawal of Bills
- The Minister or member in charge of a Bill may move without notice at
the commencement of any stage of a Bill for its withdrawal and
discharge from the Order Paper:
Provided that a private member‟s
Bill shall be automatically withdrawn if the member in charge of the
Bill ceases to be a member of Parliament or becomes a Minister.
279. Revival of Bills
lapsed in previous session
- (1) When the progress of a Bill has been interrupted by prorogation
(but not by dissolution) such Bill may, on motion, be revived in the
(2) The revived Bill may be proceeded with at
the commencement of the stage which it had reached during the previous
session, unless the motion otherwise provides.
280. Government may adopt
private member’s Bill
- The Government may, with the consent of the member in charge of a
private member‟s Bill, adopt the same as a Government Bill but before
the said Bill shall be dealt with as a Government Bill the Minister
adopting it shall notify the Speaker in writing that the Bill has been
adopted by the Government and the Speaker shall inform Parliament
281. Notice in Gazette
- A Private Bill shall not be introduced into Parliament unless at
least one month‟s notice incorporating a statement of the general
nature and objects of the Bill has been published in the Cook Islands Gazette
and a newspaper circulating in the Cook Islands.
282. Bill to contain
- (1) Every Private Bill shall contain an express provision declaring
it to be a Private Act and shall also contain a preamble, setting out
the facts on which the Bill is founded and the circumstances giving
rise to the necessity for it.
(2) If the objects of the Bill
could be attained otherwise than by legislation, the preamble shall
state why legislation is preferred.
283. Cost of preparation and
printing - The cost of preparation and printing of a Private Bill shall
not be a charge upon the Government if the Bill is rejected by
284. Procedure for
consideration of Private Bill
- A Private Bill shall be considered in the same manner as a Public
Bill under the provisions of Part XXXI of these Orders except that when
a Private Bill has been read a second time it shall be referred to the
285. Reference to Bills
(1) When a Private Bill has been referred to the Bills Committee under
Order 284 any party affected by the Bill may be heard before the
committee upon application, either in person or by counsel, together
with any witnesses.
(2) The committee may take such oral or other evidence as it may
286. Withdrawal of
Private Bill - A Private Bill may be withdrawn under the
provisions of Order 278.
COMMITTEES OF THE WHOLE HOUSE
287. Parliament resolves
itself into committee
- A committee of the whole House shall, where necessary, be appointed
by a motion, “That Parliament resolve in itself into a committee of the
whole House”, for a purpose specified in the motion.
288. Quorum in committee
- A quorum in a committee of the whole House shall consist of the same
number of members as is requisite to form a quorum of Parliament.
289. Committee to
consider only matters referred - A committee of the whole
House may consider such matters only as shall have been referred to it
290. Members may speak
more than once in committee
- In a committee of the whole House, members may speak more than once
to the same question; but when more than one member rises to speak, the
Chairman may give preference to a member who has not previously spoken
to the same question.
291. Motion or amendment
not required to be seconded - A motion or amendment
proposed in a committee of the whole House shall not require to be
292. Committee may not
adjourn - A committee of the whole House may not adjourn
its own sitting, or the consideration of any matter, to a future
293. Notice in committee
- In a committee of the whole House any member may move a motion or
amendment relevant to the business of the committee without previous
294. Time limit of
speeches in committee
- In a committee of the whole House no member shall speak form ore than
10 minutes at any one time or more than 3 times on any question before
(a) A Minister or member
in charge of a Bill, motion or other matter; or
(b) A Minister in charge
of a class of Estimates, in regard to the number of his speeches.
295. Divisions in
committee - Divisions may be called for and shall be taken
in committee in the same manner as in Parliament itself.
- Except as provided under Order 252, when all matters referred to a
committee of the whole House have been considered a Minister or member
shall move that the resolutions of the committee be reported to
297. Report of progress
- When consideration of all such matters referred to a committee of the
whole House under the provisions of this Part of these Orders has not
been completed the Minister or member in charge of the business shall
report progress or no progress, as the case may be.
298. Motion to report
- A motion may be made during the proceedings of a committee of the
whole House, “That the committee of the whole House report progress (or
no progress)”, as the case may be, which question shall be put
forthwith and decided without amendment or debate.
299. Resolutions of
committee to be considered by Parliament -
The resolutions reported from a committee of the whole House (not being
a committee on a Bill) may be agreed to, disagreed to, postponed or
recommitted by Parliament upon motion without notice.
300. Rules of debate and
conduct of business in committee
- Except as otherwise provided by these Orders, the same rules for
order in Parliament and putting questions dealing with amendments
taking divisions and for regulating debate and the general conduct of
business shall be observed in committee as in Parliament itself.
301. Power to send for
persons, papers and records - (1) A committee of the whole
House shall have power to send for persons, papers and records.
A committee of the whole House may upon motion require any Government
department concerned to submit a report explaining any Bill, motion or
other matter which may be under consideration or to depute a
representative to appear as a witness for the purpose of explaining
such Bill, motion or other matter.
MONEY GRANTS AND TAXATION
(For restrictions on Parliament
proceeding on financial measures see Article 43 of the Constitution)
302. Grant of money dealt
with in committee
- Parliament shall not proceed upon any Bill or motion for granting
money or for releasing or compounding any sum of money owing to the
Crown except in a committee of the whole House.
303. Motion for any
public aid or charge to be referred to committee
- If any motion be made in Parliament for any public aid or charge upon
the people, it shall be referred to a committee of the whole House
before any resolution or vote of Parliament is taken thereon.
ESTIMATES AND FINANCIAL PROCEDURE
304. Estimates of
- The Estimates of Expenditure and the Appropriation Bill shall be
introduced in to Parliament on or before the fifteenth day of November
in each year.
305. Appropriation Bill
- (1) The Appropriation Bill shall contain the estimated financial
requirements for expenditure on the revenue account for all the
services of Government for the financial year. The details of these
financial requirements shall be contained in the draft Estimates of
Expenditure and the Financial Statement (Budget) which shall be
presented to Parliament following the first reading of the Bill.
The Minister in charge of the Estimates may then move the second
reading of the Bill and read the Financial Statement (Budget). Debate
thereon shall be confined to the financial and economic state of the
Cook Islands and the Government‟s financial policy.
306. Committee of Supply
- (1) When the Appropriation Bill has been read a second time it shall
stand committed to a committee of the whole House to be called the
Committee of Supply to which the Estimates shall also stand referred.
(2) The Speaker shall preside over the proceedings of the Committee of
Allocation of times for Committee of Supply
- (1) A total of ten sitting days shall be allocated for consideration
of the draft Estimates and Appropriation Bill in the Committee of
Before Parliament begins its consideration of the draft Estimates and
Appropriation Bill in the Committee of Supply, the Speaker shall
allocate and announce to Parliament a limit to the total time that may
be spent debating each departmental vote.
(3) The Speaker shall
allocate the time limit for each departmental vote having regard to -
The sum of money allotted to the vote relative to other Departmental
The likely amount of public interest in the department Concerned and
its vote, relative to other departments and their votes.
The Speaker shall ensure that no debate (including speeches) in the
Committee of Supply on a departmental vote exceeds the time limit
allocated to the vote.
308. Consideration of
- (1) The Minister in charge of the Estimates may select the order in
which departmental votes of the draft Estimates shall be considered.
The clauses of the Appropriation Bill shall stand postponed until after
consideration of any schedule or schedules which there may be to such
(3) On consideration of the first schedule, the Chairman
shall call the title of each department in turn and shall propose the
question, “That the sum of … dollars for the …… department stand part
of the schedule”.
(4) Any member may move an amendment to reduce
by a dollar or a specified number of dollars the sum to be allotted for
any item in a departmental vote.
(5) When several such
amendments are proposed to reduce by a dollar or a specified number of
dollars the sum to be allotted for any item in a departmental vote.
An increase in the sum allocated for any item in a departmental vote
may only be moved by the Minister in charge of the Estimates provided
the recommendation of the Queen‟s Representative has been obtained and
transmitted to Parliament pursuant to Article 43 of the Constitution.
At least one day‟s notice of any such amendment shall be required.
An amendment to increase takes priority over any amendment to decrease
any item in a departmental vote. If the amendment to increase is
carried the amendment to decrease the item lapses.
(8) After an
amendment to an item has been disposed of no amendments or debate on a
previous item of that departmental vote shall be permitted.
When all amendments in respect of any particular departmental vote have
been disposed of, the Chairman shall put the question, “That the sum
(or reduced or increased sum) of…. Dollars for the ….. department stand
part of the schedule”.
(10) When all departmental votes have
been decided the Chairman shall put the question, “That the first
schedule (with or without amendments) stand part of the bill”, as the
case may be. Any remaining schedules shall then be considered and
decided in the same manner.
(11) The Speaker shall then call each clause of the Bill indicating to
members any consequential amendments thereto.
309. Bill reported
- When the draft Estimates and Appropriation Bill have passed the
Committee of Supply the Bill shall be reported and the third reading of
the Bill shall be taken forthwith. No debate shall be permitted on the
motion for the third reading.
310. Appropriation Bill
- An Appropriation Bill takes precedence of all other business and
until disposed of shall be set down each day as an Order of the Day at
the commencement of the next sitting day.
- If at any time supplementary estimates and a supplementary
Appropriation Bill are introduced into Parliament the provisions of
Orders 298 to 303 shall apply to the stages and the proceedings on such
INSTRUCTIONS TO COMMITTEES OR
HOUSE OF ARIKIS
Instructions to a committee or House of Arikis
- Where any matter (whether or not it is a Bill) stands committed to a
committee of the whole House or is referred to a select committee or
the House of Arikis by Parliament, -
Parliament may give instructions that extend or restrict the terms of
the committal or reference; and
(b) The committee or (as the
case may be) the House of Arikis shall follow those instructions when
considering the matter.
313. Effect of an
- A committee of the whole House or a select committee may consider
only those matters referred to it by Parliament, and where it is
desired that a committee shall also consider other matters, an
instruction shall be given by Parliament to enable the committee to
314. Debate on motion for
an instruction limited
- Any debate on a motion for an instruction shall be restricted to the
subject matter of the motion and shall not extend to the general
objects of a Bill or other matter to which the instruction relates.
315. Appointment of
select committees - Select committees shall be appointed
upon motion with notice
in accordance with Order 318:
however, that if Parliament, in the course of the proceedings on a Bill
or other matter, shall decide to refer the same to a select committee
to be then appointed, such notice shall not be necessary.
Establishment and life of subject select committees
– (1) The Prime Minister, another member who is a Minister, or the
Leader of the House, may, in accordance with Order 318, move with
notice the appointment of the subject select committees specified in
subclause (2) –
soon as praticable after this order comes into force; and thereafter;
soon as praticable after parliament has completed the proceedings
specified in Order 5 following a general election.
(2) The subject select
committees, and the subject areas for which each Committee is
Commerce Committee: business development, commerce, communications,
consumer affairs, energy, information technology, insurance, and
Education and Science Committee: education, industry training,
research, science, and technology;
Finance and Expenditure Committee: audit of the Crown’s and
departmental financial statements, review of departmental performance,
Government finance, revenue and taxation;
Foreign Affairs, Immigration, and Trade Committee: customs, defence,
disarmament and arms control, foreign affairs, immigration and trade;
Land, Local Government, and Cultural Affairs Committee: land, Outer
Islands, local government, culture, language, traditional affairs;
Law and Order Committee: courts, prisons, police.
Labour Committee: labour, employment relations, occupational health and
Privileges Committee: powers privileges, and immunities of Parliament
and its members;
Social Services, Health, and Environment Committee: housing, senior
citizens, social welfare, work and income support, public health,
select committee appointed by motion under this Order continues in
existence until the Parliament in which it is appointed is dissolved,
unless Parliament provides otherwise.
317. Committee to consist
of not less than five nor more than seven members
- No select committee shall consist of less than 5 nor more than 7 members without
leave of Parliament.
Mode of appointment and nomination
- (1) No person other than the Prime Minister, another member who is a
Minister, or the Leader of the House may move for appointment of a
select committee, or for the discharge of members from a select
committee, or for the adding of members to a select committee.
When giving notice of a motion for the appointment of a select
committee, the mover of the motion shall specify the name of the
proposed Chairman and the names of other proposed members of the
When giving notice of a motion for the discharge of members from, or
adding of members to, a select committee, the mover of the motion shall
specify the names of members proposed to be discharged or added.
319. Members discharged
and added - Members may be discharged from attending a
committee and others appointed, upon motion with notice.
- Except with his consent the Speaker shall not be chosen to serve on a
select committee and in the case of a Speaker who is not an elected
member of Parliament the Speaker shall not have a vote.
321. No interested member
to be on a committee - No member may sit on a committee if
he is personally interested in the inquiry before such committee.
322. Member absent for
more than three meetings
- If any member of a select committee has absented himself without
leave of absence of the committee or, in the opinion of the remaining
members of the committee, without good cause, for more than 3
consecutive meetings of such committee, that member shall be deemed to
have forfeited his seat on the committee and election to the vacancy so
created may be made at the ensuing sitting of Parliament.
Up-to-date lists of members of committees to be circulated - (1) The Clerk shall maintain
an up-to-date list of members serving on each select committee.
(2) Whenever a select
committee is appointed or its membership changes, the Clerk shall -
Circulate an up-to-date list of the committee’s members among all
members of Parliament; and
Place the list on a notice board in the precincts of Parliament
(replacing outdated lists, if any); and
Cause the list to be published in a newspaper of general circulation in
the Cook Islands.
Without limiting subclause (2), at least once every calendar year the
Clerk shall circulate an up-to-date list of each committee’s members
among all members of Parliament and cause the list to be published in a
newspaper of general circulation in the Cook Islands.
Time, place, and notice of meetings
- (1) The Chairman of each select committee shall, in consultation with
the Clerk, arrange the time and place for each meeting of the committee.
The Clerk shall give every member of the committee at least two working
days’ written notice of each meeting of the committee.
The Clerk shall give each witness summoned to a meeting of the
committee at least two working days’ written notice of the meeting.
325. Names of members
- The names of the members present each day on the sitting of any
select committee shall be entered in the Minutes of the proceedings of
326. Select committee may
adjourn - A select committee may adjourn from time to time
and from place to place as circumstances require.
327. Not to sit during
sitting of Parliament - Unless Parliament otherwise
directs, no select committee shall sit during the sitting of Parliament.
Select committee may elect temporary Chairman
- A select committee may elect one of its members to act as Chairman
pro tempore in the absence of the Chairman appointed by motion of
329. Chairman to have
deliberative and casting vote -
The Chairman of a select committee (except in the case of a Speaker who
is not an elected member of Parliament) shall have a deliberative as
well as a casting vote.
330. Quorum of select
committee - The quorum of a select committee shall,
unless otherwise ordered, consist of three members including, for the avoidance of
doubt, the Chairman).
331. Absence of quorum at
time of meeting
- If after the lapse of 15 minutes from the time appointed for the
meeting of a select committee there is not a quorum, the members
present may retire, and their names shall be entered on the Minutes,
and the Clerk shall as soon as practicable issue notices for the
convening of the next meeting, subject to the direction of the Chairman.
332. Absence of quorum
- If at any time during the sitting of a select committee a quorum be
not present the proceedings of the committee shall be suspended until a
quorum be present, and if no quorum be present within such time as the
members present may think reasonable, or in any case after the
expiration of 15 minutes, the committee shall stand adjourned until
some future time to be fixed by the Chairman.
333. Motion or amendment
does not require to be seconded - A motion or amendment
proposed in a select committee shall not require to be seconded.
334. Divisions to be
entered in Minutes
- In the event of any division taking place in any select committee,
the question proposed, the name of the proposer and respective votes
thereupon of each member present shall be entered in the Minutes of the
proceedings of the committee and such Minutes shall, when Parliament
orders or the committee so directs, be reported to Parliament in the
report of such committee.
335. Power to send for
persons, papers and records - (1) All select committees
shall have power to send for persons, papers and records.
When a member or petitioner desires that a witness or witnesses be
examined before a select committee, he shall deliver to the Committee
Clerk at least seven days before the examination is to be held a notice
in writing containing the name, residence, and occupation of the
witness or witnesses. The Committee Clerk shall then summon every such
witness on behalf of the committee.
(3) Any select committee may
upon motion require any Government department concerned to submit a
report explaining any Bill, motion or other matter which may be under
consideration or to depute a representative to appear as a witness for
the purpose of explaining such Bill, motion, or other matter.
336. Allowances may be
paid to witnesses
- The Clerk may authorise the payment of an allowance and travelling
expenses to any person appearing as a witness before a select committee
at the same rate as would be payable to such person if he were a
witness attending a court of law.
When members of Parliament and strangers may be present
- (1) Subject to Order 340, any member of Parliament or stranger may
attend the proceedings of a select committee, but shall have no part
therein, and shall withdraw when the committee is deliberating or
voting on any matter.
(2) A person who attends
the proceedings of a select committee under subclause (1) must dress
The Chairman of a select committee may at any time order any person
(not being a member of the Committee) whose conduct is disorderly to
withdraw from the committee’s proceedings. Subsequently, the Chairman
may eject the person from its proceedings, enlisting the assistance of
the Clerk and the Police if necessary.
Special provisions for media representatives
- (1) Notwithstanding Order 337, no media representative may attend the
proceedings of a select committee unless the representative identifies
himself or herself and the media represented to the Chairman of the
committee before attending the proceedings.
If the media represented publishes a report of the proceedings, or
evidence taken at the proceedings, that, in the opinion of the Chairman
supported by a resolution of the committee is inaccurate or unfair, the
Chairman shall order the media representative concerned to withdraw
from further proceedings of the committee for a specified period not
exceeding three months.
339. Admission of
strangers - A select committee may admit or exclude
strangers at its pleasure, but shall always exclude them when
340. Secret Committees
- (1) Parliament may direct that any select committee be a Secret
No strangers, or members not being members of the committee, shall be
admitted at any time to a Secret Committee, except such witnesses and
other persons necessary to the proceedings of such committee.
341. Evidence before
- The evidence taken before any Secret Committee or any other document
presented to such committee shall not be published or divulged by any
member of the committee or by any other persons, except that the
findings or recommendations thereupon may be published in the report of
342. Evidence of select
committee may be recorded and reported -
(1) The evidence given before a select committee may, by resolution of
the committee, be recorded verbatim and reported to Parliament when the
report of the committee is brought up.
(2) The evidence of any
witness may be taken down and shall if recorded verbatim be sent in
proof to the witness. The witness shall be at liberty within seven days
from that on which the Clerk sent out the proof to suggest corrections
due to inaccurate reporting and the evidence shall be printed with such
corrections as may be approved by the Chairman.
(3) The select committee may of its discretion refuse to hear any
irrelevant evidence or any recalcitrant witness.
343. Examination of
witnesses - The examination of witnesses before every
select committee shall be conducted as follows:
The Chairman shall first put to the witness, in an uninterrupted
series, all such Questions as he may deem essential, according to the
mode of procedure agreed to by the committee;
(b) The chairman shall
then call on the other members severally by name to put any other
the evidence is recorded, the name of every member so interrogating a
witness shall be noted and prefixed to the questions asked.
Evidence may be published and divulged
- Subject to Orders 341 and 345, any person (including a member of the
committee) may publish or divulge the proceedings of, or evidence taken
by, or the report of, a select committee.
Committee may prohibit publication and divulgence
- (1) A select committee may, by resolution, direct that all or a
specified part of the proceedings of, evidence taken by, or report of,
the committee must not be published or divulged by any person before
the report of the committee is presented to Parliament.
No member of the committee or other person may publish or divulge any
proceedings, evidence, or report, or specified parts thereof, in breach
of a direction made under subclause (1).
Nothing in subclause (2) applies to an officer of the Public Service,
who has given evidence to the committee on behalf of his or her
department, communicating the text of such evidence to other officers
of that department.
proceedings or evidence a breach of privilege - Any person
committing a breach of Order
341 or 345(2) shall be deemed guilty of a breach of
privilege, and may be dealt with by Parliament accordingly.
347. Proof copies of
evidence to members only - Proof copies of any evidence
given before a select committee may be distributed to members of the
348. Committee to report
charges to Parliament
- If any information shall come before any select committee charging
any member of Parliament the committee ought only to report the same to
Parliament, but may not proceed further upon any such information.
349. Committee may report
from time to time
- If Parliament shall so direct a select committee may report its
opinions or observations from time to time or report the minutes of
evidence only, or proceedings from time to time.
350. When day fixed for
presentation of report
- (1) When, on the appointment of a select committee or the reference
of any matter to a select committee, a day shall be fixed for the
presentation of its report to Parliament, the final report shall be
presented on or before that day, unless further time be moved for and
(2) Subclause (1) is
subject to Orders 260 and 261.
351. Chairman to prepare
report - It shall be the duty of the Chairman of every
select committee to prepare a draft report.
352. Consideration of
- (1) The Chairman shall read to the select committee, at a meeting
convened for the purpose, the whole of his draft report, which may at
once be considered, but if desired by any member of the committee it
shall be printed and circulated amongst the committee and a subsequent
day fixed for its consideration.
(2) In considering the report,
the Chairman shall read it paragraph by paragraph, proposing the
question to the committee at the end of each paragraph, “That the
paragraph stand part of the report”, and a member objecting to any
portion of the report shall move his amendment at the time the
paragraph he wishes to amend is under consideration, but no protest or
dissent may be added to the report.
353. Alternative draft
- If any member, other than the Chairman, submits a draft report to the
committee, the committee shall decide upon which report it will proceed.
354. Reconsideration of
draft report - After the draft report has been considered,
the whole or any paragraph thereof may be reconsidered and amended.
355. Report to be signed
and presented by Chairman
- The report of a select committee as agreed to by the committee shall
be signed by the Chairman, on behalf of the committee, or, in the
absence of the Chairman, by some other member appointed by the
committee; and shall be presented to Parliament by the Chairman or some
other member of the committee authorised by the Chairman or the
committee in that behalf.
356. Select committee may
not submit minority report - It shall not be competent for
a select committee to present a minority report to Parliament.
357. Powers of select
committee limited to reporting to Parliament
- Select committees have only power to report their opinions to
Parliament, but in any debate thereon the Chairman of the select
committee reporting shall be answerable to Parliament. If a committee
desires that the Government should take action in any matter connected
with its proceedings or on its report, the committee shall instruct the
Chairman to move in Parliament to that effect.
358. Conduct of
proceedings of a select committee
- In cases not provided for in this Part of these Orders the
proceedings of a select committee shall be conducted as nearly as
possible in the same manner as the proceedings of a committee of the
Government Caucus Committee
- (1) This subclause establishes a committee of Parliament for the
duration of each Parliament to be called the Government Caucus
Each Government Caucus Committee shall consist of a Chairman, being the
Prime Minister for the time being, and other members, being members of
Parliament for the time being, and other members, being members of
Parliament for the time being supporting the Government.
(3) Each committee shall
Determine the business of Parliament for each sitting day and the order
in which it shall be taken;
Consider and report on any Bill referred to it under Order 234 or 284;
Perform such other functions as Parliament may from time to time refer
(4) The power in
subclause (3)(a) is subject to -
part XVII of these Orders; and
The power of the Speaker to determine which matters may properly be
introduced into Parliament.
(5) Except for Orders
315 to 322, and 328, every order that applies to a
committee shall, unless the context otherwise requires, apply to a
Government Caucus Committee as if it were a select committee.
(6) A Government Caucus
Committee may elect a Minister to act as Chairman pro tempore in the
absence of the Prime Minister.
(7) The first Government
Caucus Committee shall be dissolved with
is dissolved. Each subsequent Government Caucus Committee comes into
being immediately after the completion of the proceedings specified in
Order 5 following a general election, and shall similarly be dissolved
when Parliament is dissolved.
The membership of a Government Caucus Committee changes in accordance
with subclause (2) when there is a change of Prime Minister or a change
in the Members of Parliament supporting the Government.
360. Standing Orders
(1) There shall be a standing select committee to be known as the
Standing Orders Committee to consist of the Speaker as Chairman, the
Deputy Speaker (who shall act as Chairman in the absence of the
Speaker), the Prime Minister, two other Ministers, and two other
members (not being Ministers) which shall be appointed upon motion as
soon as may be after the commencement of each new Parliament. Four
shall be a quorum.
(2) It shall be the duty of the committee to
consider from time to time and report to Parliament on any proposal for
the amendment of these Standing Orders which may be referred to it
under Order 112, and on all matters relating to these Orders which may
be referred to it by Parliament.
361. Bills Committee -
(1) There shall be a standing select committee to be known as the Bills
Committee to consist of the Prime Minister as Chairman, two other
Ministers and two other members (not being Ministers) which shall be
appointed upon motion as soon as may be after the commencement of each
new Parliament. Three shall be a quorum.
(2) It shall be the
duty of the committee to consider all Bills referred to it under the
provisions of Orders 259 and 285 and report its opinion from time to
time to Parliament.
362. Summoning of
- Witnesses, not being Ministers or members, shall be ordered to attend
before Parliament, or a committee of the whole House, by summons under
the hand of the Clerk, or before a select committee.
363. Recusant witness
- If a witness fails or refuses to attend or to give evidence before
Parliament or any committee thereof, Parliament on being acquainted
therewith, shall deal with the matter, and such witness may be adjudged
by Parliament, on motion after notice, guilty of contempt, and dealt
364. Summoning of
Ministers and members
- (1) When the attendance of a Minister or a member is ordered by
Parliament for examination by Parliament, or a committee of the whole
House, he shall be summoned by the Speaker.
(2) If a select
committee desires the attendance of a Minister or a member as a
witness, the Chairman of the committee shall in writing request him to
365. Recusant Minister or
- If a Minister or a member fails or refuses to give evidence before a
committee as a witness to the committee, the committee shall report the
matter to Parliament and not again summon such member to attend the
Witnesses may be represented by counsel
- Any witness may be represented by legal counsel when attending to
give evidence before Parliament, a committee of the whole House, or a
367. Committee not to
entertain charges against Ministers or Members
- If any information comes before any committee that charges any
Minister or member of Parliament the committee shall only direct that
Parliament be acquainted with the matter of such information, without
proceedings further thereon.
368. When intended
witness in prison
- When a witness is in the custody of the keeper of any prison, such
keeper may be ordered to bring the prisoner in safe custody for
examination before Parliament, a committee of the whole House or a
committee, and from time to time as often as his attendance
is thought necessary; and the Speaker shall issue a warrant accordingly.
369. Witnesses entitled
- All witnesses examined before Parliament or any committee thereof
shall be entitled to the protection of Parliament pursuant to Article
36 of the Constitution in respect of anything that may be said by them
in respect of their evidence.
370. Witnesses before
Parliament examined by Speaker
- When a witness appears before Parliament he shall be examined by the
Speaker, and any questions addressed by members shall be put through
371. Witnesses before any
committee examined by members - In a committee of the
whole House or a select committee, any member may put questions direct
to the witness.
372. Witness withdraws if
question objected to
- If any question be objected to by another member, or other matter
arise, the witness shall withdraw while the same is under discussion.
373. Officers not to give
evidence without permission
- No officer of Parliament, or shorthand writer employed to take
minutes of evidence before Parliament or any committee thereof, may
give evidence elsewhere in respect of any proceedings or examination of
any witness without permission of the Speaker or the Chairman, as the
case may be.
374. Tampering with
- Any person who tampers with any witness in respect of his evidence
before Parliament or any committee thereof, or directly or indirectly
endeavours to deter or hinder any person from appearing or giving
evidence before Parliament or any committee thereof, may, on motion
after notice, be adjudged by Parliament guilty of contempt, and dealt
Admission of strangers into Parliament
- Subject to the following Orders in this Part of these orders, and
Order 338, no stranger may enter Parliament except with the permission
of the Speaker, the Clerk, or a person authorised by either to grant
When strangers may attend sitting of Parliament or whole House – (1) Any stranger who is
reasonably well-dressed may attend a sitting of Parliament or a
committee of the whole House.
A stranger who attends a sitting must sit or stand in the part of
Parliament or the gallery designated for the public by the Speaker.
Special provisions for media representatives
– (1) Notwithstanding Order 364A, no media representative may attend a
sitting of Parliament or a committee of the whole House unless he or
she (at any time before attending the sitting) identifies himself or
herself and the media represented tot he Speaker.
If the media represented at a sitting publishes a report of the
proceedings of or evidence taken at the sitting, that, in the opinion
of the Speaker supported by a resolution of Parliament is inaccurate or
unfair, the Speaker shall order the media representative to withdraw
from Parliament for a specified period not exceeding six months.
378. Strangers may be
ordered by Parliament
to withdraw from sitting
- (1) If at a sitting of Parliament or in a committee of the whole
House, any member brings to the notice of Parliament or of the
committee the desirability for the exclusion of strangers, the Speaker
shall forthwith put the question, “That strangers do withdraw”, without
debate or amendment.
Parliament answers the question in the affirmative, the Speaker shall
order strangers to withdraw from the sitting to give effect to that
Speaker may order strangers to withdraw from Parliament – (1) The Speaker may at any
time in his own discretion order any stranger to withdraw from any part
of Parliament -
give effect to a resolution of Parliament made under Order 379; or
prevent or curb disorderly conduct by the stranger.
(2) Subclause (1) does
not apply to a stranger attending the proceedings of a select committee.
380. Broadcasting of
proceedings to be discontinued
- The broadcasting of proceedings shall be discontinued during any
period for which strangers have been excluded under Order 379.
381. No member to bring a
stranger into members’ parts of Parliament
- No member shall bring any stranger into any part of Parliament or
gallery appropriated to the members while Parliament or a committee of
the whole House is sitting.
382. Representative of
newspaper or journal may attend sittings
- The representative of any newspaper or journal may receive a general
authority from the Speaker to attend sittings of Parliament or a
committee of the whole House.
Provided that if the newspaper or
journal publishes a report of the proceedings which the Speaker
considers inaccurate, unfair, or improper or, if in the opinion of the
Speaker the representative behaves in an unseemly manner within the
precincts of Parliament, such permission may be revoked.
the Privileges of Parliament see Article 36 of the Constitution and the
Legislative Assembly Powers and Privileges Act 1967)
383. Employment of member
in professional capacity
- No member shall appear before Parliament or any committee thereof as
counsel for any party or in any capacity for which he is to receive a
fee or reward in any matter to be deliberated by Parliament or the
384. Parliament may
adjudge person disobeying order guilty of contempt
- Parliament may, on motion without notice, adjudge guilty of contempt
any person, whether a member or not, who wilfully disobeys any lawful
order of Parliament or who commits any breach of the privileges of
Parliament, whether or not such privileges be set out in these Orders
or held according to the law and usage of Parliament or otherwise
385. Broadcasting of
- Proceedings of Parliament and a committee of the whole House, shall
be broadcasting during all hours of sitting prescribed by Order 54 and
during such other periods as may be determined by the Prime Minister.
386. Suspension of
- When strangers are excluded under Order 379(1) or at any other time
when a direction may be given to suspend the broadcasting or
proceedings during the sitting of Parliament or a committee of the
whole House the Speaker shall announce on the air, “That the
proceedings will no longer be broadcast until further notice”. The
Clerk shall then immediately notify the controlling operator.
387. Resumption of
broadcasting of proceedings
- The Speaker shall give suitable warning to Parliament or the
committee of the whole House when the broadcasting of proceedings is to
be commenced again and the Clerk shall then instruct the controlling
388. When ballot taken
- A ballot shall be taken whenever Parliament thinks fit.
389. Bells rung prior to
ballot - Before Parliament proceeds to any ballot, the
bells shall be rung as in a division.
390. Manner of taking
ballot - Unless otherwise expressly provided in these
Orders, a ballot shall be taken in the following manner:
Each member shall present to the Clerk a folded ballot paper with the
names of such members written thereon as he may think fit and proper to
be chosen at such ballot;
(b) If any ballot paper
contains a larger or lesser number of names than are to be chosen it
shall be void and rejected;
When all the ballot papers have been collected, they shall be counted
at the Table by the Clerk and two persons nominated as scrutineers by
(d) The Clerk
shall then report to the Speaker the names of the members having the
greatest number of votes, which members shall be declared to be chosen;
Where at any ballot among two or more candidates there is an equality
of votes and one or more of those members are to be excluded, then the
names of the members concerned shall be submitted to a further ballot;
In the event of the votes being equal after a second ballot the result
shall be determined by lot which shall be drawn in such manner as the
Clerk shall decide;
the ballot papers are counted they shall be placed in a box and when
the ballot has been completed the box shall be sealed in the presence
of Parliament and kept in the custody of the Clerk until the
adjournment of the sitting, when the Clerk shall burn the ballot papers.
TIME LIMIT OF SPEECHES
391. Table showing time
limit of speeches
- (1) The following table sets out the time limit in minutes for
speeches in Parliament or in any committee of the whole House,
including the translation thereof, and whether elsewhere specified in
these Orders or not. The number in the margin refers to the particular
||Address in Reply:
||.. .. .. ..
||.. .. .. ..
||Election of Speaker
|| .. .. .. ..
|| Election of Deputy Speaker
||.. .. ..
|| Financial Debate (no limitation on Minister
delivering Financial Statement)
||Motions and amendments not otherwise expressly
|. .. .. .. ..
|| Motion for adjournment to discuss matter of
urgent public importance:
|| .. .. .. ..
||Minister first speaking
|| .. ..
||Other Ministers and members
||Motion for 12.30 p.m. adjournment on Friday:
|.. .. .. ..
|| Personal explanation:
||.. .. .. ..
IN COMMITTEE OF WHOLE
||On the Short Title, clause
or schedule of a Bill, or
any amendment thereto:
||Each member, 3 speeches
|| .. ..
||Motion to reduce vote in Estimates:
Each member, 3 speeches
||Motion to reduce vote in Estimates:
Each member, 3 speeches
| .. ..
||Any other question:
||Each member, 3 speeches
Exceptions: These limitations in committee shall not apply to:
(a) A Minister or member
in charge of a Bill, motion or other matter;
(b) A Minister in charge
of a class of the Estimates in regard to the
number of his speeches.
A warning bell shall be rung by the Clerk two minutes before the time
shown in paragraph (1) of this Order and no extension of time of any
member‟s speech shall be granted unless agreed to without a dissentient
392. Extension of time
limit of member’s speech
- Unless Parliament or the committee of the whole House shall otherwise
decide no extension of the time limit of a member‟s speech shall exceed
half of the original period allowed to the member under these Orders.
CODE OF CONDUCT FOR MEMBERS
Statement of Intent
– It is the personal responsibility of every Member to maintain the
highest standards of ethical behaviour to protect and maintain
integrity of Parliament and to make every endeavour to uphold the
principles of the Constitution.
following principles are intended to provide guidance to, and standards
against which each Member, individually and collectively should
discharge their duties and responsibilities.
– (1) Loyalty to the nation and its people: Every member shall uphold
the contents of the Oath of Allegiance at all time and maintain the
dignity and integrity of the Cook Islands; its institution and its
Respect for the Law: Every member shall uphold the laws of the Cook
Islands and safeguard the principles contained in the Constitution.
Respect for all Persons: Every member shall treat other members, the
public and officials with respect and dignity, honestly, fairly, and
acting with integrity at all times.
(4) Proper Exercise of
Power: Every member shall -
Arrange their private affairs;
use any and all information obtained from their public office; and
Exercise any influence or authority obtained from Public Office only to
advance the public interest and where any potential and actual conflict
of interest arises whether in the member’s private, financial,
pecuniary or any interest the member shall be required to declare that
interest and take any steps to remove the conflict or withdraw from the
particular process of transaction.
Special Requirements for Ministers and Other Officeholders
– Every member who holds parliamentary office of any kind is required
to adhere strictly to the principles outlined above and shall not under
any circumstances undertake any decision or exert influence in any form
whatsoever in respect of a matter in which the Member will derive
personal gain or benefit.
Breaches of this Code maybe dealt with by the Privileges Committee or
as determined by Parliament.
CONVENTION TO STANDING ORDERS
397. Convention to
- Whenever a motion to suspend Standing Orders is moved and passed, the
Speaker shall take cognizance of the following conventions and
(1) No motion to prohibit
debate on the motion being moved and seconded shall be accepted by the
No motion to stop debate in the Committee of Supply of any
Appropriation Bill shall be moved before the 10 days period provided
for such debate has expired;
No motion of confidence or no confidence shall be moved and seconded
unless 6 months has expired after the previous one had been tabled in
Parliament and the following conditions to apply:
(a) A Minister must attach
his written resignation with the motion
(b) two weeks notice must
be lodged with the Speaker before such a motion can be moved and
(c) Such notice shall be
placed on the Order Paper
- The Standing Orders heretofore in force are hereby repealed.
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