Parliament’s Privileges Committee says Labour MP Peeni Henare’s actions during the first reading of the Treaty Principles Bill last year was “undoubtedly disorderly behaviour” but did not amount to contempt.
Henare joined several other MPs when he moved to the house floor after Te Pāti Māori MP Hana-Rawhiti Maipi-Clarke instigated a haka in a now-viral moment from November.
Te Pāti Māori co-leaders Debbie Ngarewa-Packer and Rawiri Waititi, alongside Maipi-Clarke, were also referred to the Privileges Committee for leaving their seats and approaching ACT leader David Seymour during the haka.
In its findings, the Committee found Henare’s act of leaving his seat was “undoubtedly disorderly behaviour” but did not amount to contempt.
“Mr Henare’s conduct in stepping onto the floor of the chamber to participate in the haka while a vote was being taken did obstruct or impede the business of the House, as the vote was not able to continue,” the decision said.
“Our view is that this is undoubtedly disorderly behaviour. However, we find that Mr Henare’s actions do not amount to a contempt.
“We recommend that Mr Henare be required to apologise to the House for acting in a disorderly manner that disrupted a vote being taken and impeded the House in its functions.”
In a written explanation to the Committee, Henare said his conduct did not meet the threshold of previous Privileges complaints where contempt was found as he was across the floor of the house from the other members.
“If there was disrespect, I apologise unreservedly,” he said.
At his hearing on March 12, Henare apologised “for breaking the rule of stepping away from my seat and onto the floor of the debating chamber”.
“I know the rule with respect to that, and I knew, in doing so, that I would be breaking that rule,” he said.
He stood by his actions in performing the haka, calling the Treaty Principals bill “one of the most divisive bills I’ve ever seen in my time”.
“It was also a very heated debate in the House for members who were there that day, and I certainly was one who was interjecting strongly throughout the contributions of that bill,” he added.