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Niue Assembly Standing Orders

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

CONSTITUTION

NIUE ASSEMBLY STANDING ORDERS

Made by the Niue Assembly in accordance with article 22(1) of the Constitution

PART 1
INTRODUCTION

1 Purpose
2 The rights, privileges, immunities and powers of the Assembly
3 Speaker to interpret Standing Orders
4 Dress
5 Smoking
6 Speaker may order member to withdraw if grossly disorderly

PART 2
DEFINITIONS

7 Definitions

PART 3
THE SPEAKER

8 Election of the Speaker
9 Qualifications required to be elected Speaker
10 Speaker to be elected by absolute majority
11 Speaker to take oath
12 Vacation of office of Speaker
13 Presiding at meetings
14 Absence of Speaker
15 Members to address the Speaker correctly

PART 4
OATH OF ALLEGIANCE

16 Oath of Allegiance to be taken by members

PART 5
THE PREMIER

17 Election of Premier
18 Premier to be elected by absolute majority

PART 6
APPOINTMENT OF MINISTERS

19 Appointment of Ministers by the Premier
20 Each Minister must take Oath of Allegiance

PART 7
LANGUAGE THAT MAY BE USED IN THE ASSEMBLY

21 Language

PART 8
SEATING OF MEMBERS

22 Seating of members

PART 9
MEETINGS OF THE ASSEMBLY

23 Speaker to appoint time and place of meetings of the Assembly
24 Members to attend sittings of the Assembly
25 Grounds for granting leave of absence
26 Sittings
27 No Sunday sitting
28 Notice of meetings
29 Quorum of meetings of the Assembly
30 Meeting to start with Prayer
31 Broadcasting

PART 10
STRANGERS

32 Speaker controls admission
33 Strangers may be ordered to withdraw
34 Effect of order that strangers withdraw
35 Strangers interrupting proceedings

PART 11
DUTIES OF THE CLERK

36 Appointment of Clerk of the Niue Assembly
37 Business Paper
38 Order Paper
39 Custody of records
40 Minutes
41 Record of members
42 Official report

PART 12
PAPERS

43 Presentation of Papers
44 Who may present Papers
45 Presentation of Papers
46 Consideration of Papers

PART 13
PETITIONS

47 Petitions
48 Presentation of Petition
49 Disposal of Petition
50 Petition on matter having judicial remedy

PART 14
QUESTIONS AND ANSWERS

51 Questions
52 Notice of questions
53 Answers to questions

PART 15
MOTIONS AND AMENDMENTS

54 Notice of motion
55 Form of motion
56 Motions and amendments to be seconded
57 Motions to amend or replace Standing Orders
58 Withdrawal of motions and amendments
59 Reintroduction of motions
60 Moving of amendments to motions
61 Order of amendments to motions
62 Rules as to amendments to motions
63 Abuse of Standing Orders

PART 16
PERSONAL EXPLANATIONS

64 Personal explanation

PART 17
RULES OF DEBATE

65 Members to address the Speaker
66 The Speaker to call upon member to speak
67 Speaker to be heard in silence
68 Speech to be directed to the question
69 Member generally to be allowed to speak once
70 Member may speak to Point of Order
71 Point of Order takes precedence
72 Offensive words
73 Personal reflection
74 Matters awaiting judicial decision
75 Closure of debate
76 Question fully put by the Speaker
77 Adjournment in case of grave disorder
78 Respect to be shown to the Speaker

PART 18
VOTING

79 Voting of members

PART 19
BILLS

80 Power of Assembly to make laws
81 Distribution of copies of Bills
82 Introduction of Bills into Assembly
83 Rules regarding Bills
84 Financial Bills
85 Bills affecting the Niue Public Service
86 Bills affecting Niuean land
87 Bills to be read three times in Assembly
88 Introduction and first reading of Bill
89 Procedure after first reading of Bill
90 Second reading of Bills
91 Procedure during debate on the motion that a Bill be read a second time
92 Amendments to comply with certain conditions
93 Postponement of consideration of a clause
94 New clauses
95 Schedules
96 Adjournment during debate on the motion that a Bill be read for a second time
97 Member may move that Bill be referred to a select committee
98 Conclusion of debate on the motion that a Bill be read a second time
99 Third Reading of Bills
100 Bill passed
101 Assent to Bills
102 Verbal or formal amendments
103 After certification
104 Withdrawal of Bills
105 Power of Assembly to send for persons, papers and records

PART 20
APPROPRIATION BILLS

106 Procedure to be followed to enact Appropriation Bills
107 Annual Appropriation Bill and estimates of expenditure
108 Contents of Appropriation Bill
109 Contents of draft Estimate of Expenditure and Financial Statement
110 Draft Estimate of Expenditure and Financial Statement to be sent to each member
111 Copy of budget statement to be provided
112 Consideration of Departmental votes
113 Third Reading to be taken immediately after second reading
114 Appropriation Bill takes precedence over other business
115 This Part to apply to Supplementary Appropriation Bills

PART 21
SELECT COMMITTEES

116 Appointment of Select Committee
117 Control and dissolution of Select Committee
118 Chairman of Committee
119 Quorum of Committee
120 Voting to members
121 Procedure of a Select Committee

PART 22
PECUNIARY INTERESTS OF MEMBERS TO BE DECLARED

122 Pecuniary interest defined
123 Members to declare pecuniary interests
124 Speaker decides if interest held

PART 23
TIME LIMIT OF SPEECHES

125 Time limit of speeches

PART 24
SUSPENSION OF STANDING ORDERS

126 Suspension of Standing Orders

_________________________________

PART 1
INTRODUCTION

1 Purpose

(1) These Standing Orders contain rules for the conduct of proceedings in the Niue Assembly and for the exercise of powers possessed by the Assembly.

(2) They are not intended to diminish or restrict the Assembly’s rights, privileges, immunities and powers.

2 The rights, privileges, immunities and powers of the Assembly
[See article 24 of the Constitution]

3 Speaker to interpret Standing Orders

(1) The Speaker (or other person presiding) is responsible for ruling whenever any question arises as to the interpretation or application of a Standing Order and for deciding cases not otherwise provided for.

(2) In all cases the Speaker will be guided by previous Speakers’ rulings and by the established practices of the Assembly.

4 Dress

(1) Members are expected to attend meetings of the Assembly attired in a manner appropriate to the dignity of the Assembly.

(2) In particular men are expected to wear a coat and tie to attend a meeting of the Assembly.

(3) The Speaker may exclude from a meeting of the Assembly a member or any other person in the Assembly Chamber during a meeting of the Assembly whom the Speaker does not consider to be suitably attired.

5 Smoking

(1) Members and other persons present during a meeting of the Assembly are not permitted to smoke in the Assembly Chamber.

(2) The Speaker must direct a member or any other person who is smoking in the Assembly Chamber during a meeting of the Assembly to stop smoking or to leave the Chamber.

6 Speaker may order member to withdraw if grossly disorderly

(1) The Speaker may order a member whose conduct is grossly disorderly to withdraw immediately from the Assembly during the remainder of that day’s sitting.

(2) The Speaker may request a constable to assist in removing a member ordered to withdraw from the Assembly.

PART 2
DEFINITIONS

7 Definitions

(1) In these Standing Orders –

"absolute majority" at a meeting of the Niue Assembly, means an absolute majority of the members present and voting at that meeting;

"Clerk" means the Clerk of the Niue Assembly and includes a person for the time being performing the duties of the Clerk;

"meeting" means a sitting or sittings of the Assembly commencing when the Assembly first meets after being summoned at any time and terminating when the Assembly is adjourned –

(a) Until an indefinite time; or

(b) At the conclusion of a session;

"Paper" means a document which is ordinarily laid on the Table of the Assembly at the time for "Presentation of Papers";

"written" and "in writing" means written by hand, typewritten, duplicated, or printed, or partly one or more of the others, and includes a communication transmitted in facsimile or otherwise electronically.

(2) Words and phrases defined by article 82 of the Constitution and used in these Standing Orders have the same meaning in these Standing Orders as they do in the Constitution.

(3) The notes included in these Standing Orders do not form part of the Standing Orders.

(4) These Standing Orders are to be interpreted as if they were an Act.

PART 3
THE SPEAKER

8 Election of the Speaker

If at the first meeting of the Assembly after a general election –

(a) The person presently holding the office of Speaker is not present, or

(b) The office of Speaker is vacant,

the Clerk shall preside at the meeting until a Speaker is elected. [See article 20(4) and (7) of the Constitution]

9 Qualifications required to be elected Speaker

[See article 20(2) and (3) of the Constitution]

10 Speaker to be elected by absolute majority

(1) The following procedure must be followed to elect the Speaker by an absolute majority at a meeting of the Assembly –

(a) Any member may, on members being called upon to do so by the person presiding at the meeting, nominate an eligible person for election as the Speaker if that person’s consent in writing to being nominated is produced;

(b) No question is proposed on the election of the Speaker and no debate may arise in connection with it;

(c) If only one person is nominated for election as the Speaker the person presiding at the meeting must declare that person to be elected as the Speaker;

(d) If 2 people are nominated for election as the Speaker –

(i) A secret vote must be taken, and

(ii) If one person obtains more votes than the other the person presiding at the meeting must declare that person to be elected as the Speaker but if each receives the same number of votes the person presiding at the meeting must again call for nominations;

(e) If more than 2 people are nominated for election as the Speaker –

(i) A secret vote must be taken;

(ii) If a person receives the votes of an absolute majority of the members the person presiding at the meeting must declare that person to be elected as the Speaker;

(iii) If no person receives the votes of an absolute majority of the members the candidate with the fewest number of votes is eliminated and a secret vote must again be taken;

(iv) The procedure must be repeated until a person receives the votes of an absolute majority of the members;

(v) If there are 2 candidates and each receive the same number of votes the person presiding at the meeting must again call for nominations and the whole election must be held again;

(f) If under paragraph (e)(iii) more than one candidate has the fewest number of votes the vote must be taken again;

(g) If after the vote is retaken more than one candidate has the fewest number of votes the person presiding at the meeting must determine by lot which candidate is to be eliminated;

(h) If –

(i) There are no new nominations when nominations are called for under paragraph (d) (ii); or

(ii) An election held under paragraph (e)(v) again results in 2 candidates receiving the same number of votes, the person presiding at the meeting must determine by lot which candidate is to be the Speaker.

(2) For the purpose of paragraph (1) a secret vote is to be held by –

(a) Each member writing on a piece of paper provided to the member by the Clerk the name of the candidate for whom the member is voting and handing the paper to the Clerk when requested to do so by the Clerk; and

(b) Unless the Clerk is presiding at the meeting, the Clerk reporting the result of the election to the person presiding at the meeting; and

(c) The person presiding at the meeting announcing to the meeting the number of votes received by each candidate; and

(d) The Clerk then destroying the papers received from the members. [See article 20(1) of the Constitution]

11 Speaker to take oath

[See article 20(5) of the Constitution]

12 Vacation of office of Speaker

[See article 20(6) of the Constitution]

13 Presiding at meetings

[See article 22(2) of the Constitution]

14 Absence of Speaker

If at a meeting of the Assembly –

(a) The Speaker is absent; or

(b) The office of Speaker is vacant, the Clerk shall, for the purpose of allowing the Assembly to comply with article 20(7) of the Constitution, preside at the meeting until –

(i) The members present have elected one of their number to preside over the meeting until the Speaker is again present; or

(ii) A Speaker is elected and has entered on the duties of his or her office, as the case may be.

15 Members to address the Speaker correctly

A member must address the Speaker as "Mr Speaker" or "Madam Speaker", as the case may be, during a sitting of the Assembly.

PART 4
OATH OF ALLEGIANCE

16 Oath of Allegiance to be taken by members.

[See article 20 of the Constitution]

PART 5
THE PREMIER

17 Election of Premier

[See article 4 of the Constitution]

18 Premier to be elected by absolute majority

(1) The following procedure must be followed to elect the Premier by an absolute majority at a meeting of the Assembly –

(a) Any member may, on members being called upon to do so by the Speaker, nominate another member for election as the Premier;

(b) No question is proposed on the election of the Premier and no debate may arise in connection with it;

(c) If only one member is nominated for election as the Premier the Speaker must declare that member to be elected as the Premier;

(d) If 2 members are nominated for election as the Premier –

(i) A secret vote must be taken;

(ii) If one member obtains more votes than the other the Speaker must declare that member to be elected as the Premier but if each receive the same number of votes the Speaker must again call for nominations;

(e) If more than 2 members are nominated for election as the Premier –

(i) A secret vote must be taken;

(ii) If a member receives the votes of an absolute majority of the members the Speaker must declare that member to be elected as the Premier;

(iii) If no member receives the votes of an absolute majority of the members the candidate with the fewest number of votes is eliminated and a secret vote must again be taken;

(iv) The procedure must be repeated until a member receives the votes of an absolute majority of the members;

(v) If there are 2 candidates and each receives the same number of votes the Speaker must again call for nominations and the whole election must be held again;

(f) If under paragraph (e)(iii) more than one candidate has the fewest number of votes the vote must be taken again;

(g) If after the vote is retaken more than one candidate has the fewest number of votes the Speaker must determine by lot which candidate is to be eliminated;

(h) If –

(i) There are no new nominations when nominations are called for under paragraph (d)(ii); or

(ii) An election held under paragraph (e)(v) again results in 2 candidates receiving the same number of votes, the Speaker must determine by lot which candidate is to be the Premier.

(2) For the purpose of paragraph (1) a secret vote is to be held by –

(a) Each member writing on a piece of paper provided to the member by the Clerk the name of the candidate for whom the member is voting and handing the paper to the Clerk when requested to do so by the Clerk; and

(b) The Clerk reporting the result of the election to the Speaker; and

(c) The Speaker announcing to the meeting the number of votes received by each candidate; and

(d) The Clerk then destroying the papers received from the members.

[Absolute majority means that if there are 20 members present and voting a candidate must receive at least 11 votes to be elected, not just the most votes.]

PART 6
APPOINTMENT OF MINISTERS

19 Appointment of Ministers by the Premier

[See article 5 of the Constitution]

20 Each Minister must take Oath of Allegiance

[See article 10 of the Constitution]

PART 7
LANGUAGE THAT MAY BE USED IN THE ASSEMBLY

21 Language

[See article 23 of the Constitution]

PART 8
SEATING OF MEMBERS

22 Seating of members

(1) For the first meeting of the Assembly after a general election the Clerk must allocate a seat in the Assembly Chamber to each member in alphabetical order of each member’s family name starting to the right of the Speaker’s chair.

(2) After the Speaker has appointed the Premier and the 3 other Ministers they must occupy the seats immediately facing the Speaker’s chair.

(3) The seats of the other members must be determined by each member drawing a seat number from a container.

(4) The Speaker must determine any question that may arise with regard to the seat to be occupied by a member.

(5) A member must not address the Assembly (through the Speaker) except from the member ’s seat.

PART 9
MEETINGS OF THE ASSEMBLY

23 Speaker to appoint time and place of meetings of the Assembly

[See article 22(1) of the Constitution]

24 Members to attend sittings of the Assembly

A member must attend each sitting of the Assembly unless granted leave of absence by the Speaker.

25 Grounds for granting leave of absence

The Speaker must not grant a member leave of absence except on the following grounds –

(a) For illness or other family cause of a personal nature; or

(b) To enable the member to attend to other public business (whether in Niue or overseas).

26 Sittings

(1) The Assembly sits on such days as are appointed by the Speaker.

(2) Unless the Assembly decides otherwise each sitting is to be from 9am to 12 noon and from 1pm to 4pm.

(3) At 5 minutes before the appointed time to end a sitting the Speaker must interrupt the business under discussion.

(4) Unless the Assembly otherwise decides, an adjournment of a sitting of the Assembly is to the next working day.

(5) The Speaker may suspend a sitting at any time.

27 No Sunday sitting

The Assembly must not sit on a Sunday.

28 Notice of meetings

(1) The Clerk must give each member at least 5 working days written notice of the commencement of a meeting of the Assembly.

(2) In an emergency the Speaker may summon a meeting of the Assembly on such shorter notice as the circumstances require.

(3) If paragraph (2) applies notice of the meeting must be given to each member in a way that will ensure the member is duly informed of the meeting.

29 Quorum of meetings of the Assembly

(1) If at any time a quorum is not present the Speaker must direct each member then present in the Fale Fono to be advised of the lack of a quorum.

(2) If at the end of 10 minutes a quorum is not present the Speaker must adjourn the sitting without question put. [See articles 22(6) and 20(9) of the Constitution]

30 Meeting to start with Prayer

Upon the Speaker taking the Chair each day and a quorum of members being present the Speaker must call upon a member to say a Prayer.

31 Broadcasting

(1) The proceedings of the Assembly may be broadcast on radio or television with the approval of the Speaker, which may be given subject to conditions.

(2) A broadcast of the televised proceedings of the Assembly must maintain such standards of fairness as are adopted, from time to time, by the Assembly.

PART 10
STRANGERS

32 Speaker controls admission

The Speaker –

(a) May control admission to the Chamber of the Assembly and its lobbies and galleries; and

(b) May issue rules setting out who may be admitted to those areas and governing their conduct there.

33 Strangers may be ordered to withdraw

(1) A member may move, without notice, "That strangers be ordered to withdraw".

(2) The Speaker must put the question without any amendment to or debate on the question.

34 Effect of order that strangers withdraw

(1) If the Assembly resolves that strangers be ordered to withdraw –

(a) All strangers must leave the galleries; and

(b) All members of the press gallery must leave; and

(c) Official reporters and attendants must leave the Chamber and no official report of the proceedings is to be made; and

(d) Broadcasting of debates is to cease.

(2) The Clerk must make a note of proceedings for the Journals of the House.

35 Strangers interrupting proceedings

The Speaker may require strangers who interrupt proceedings or who otherwise misconduct themselves, to leave the galleries and the precincts of the Assembly Chamber.

PART 11
DUTIES OF THE CLERK

36 Appointment of Clerk of the Assembly

[See article 27 of the Constitution]

37 Business Paper

The Clerk must at least 5 working days before the start of a meeting of the Assembly send to each member a Business Paper setting out the business proposed to be carried out by the Assembly during that meeting of the Assembly.

38 Order Paper

(1) The Clerk must give to each member before the start of a meeting a paper (known as the Order Paper) setting out –

(a) The business proposed to be carried out by the Assembly during that meeting; and

(b) The order in which it is intended to carry out that business.

(2) In general the business of the Assembly must be carried out in the following order –

(a) Presentation of petitions;

(b) Tabling of papers;

(c) Consideration of papers;

(d) Questions for oral answers;

(e) Government business;

(f) Member’s business.

(3) The Speaker may amend the Order Paper.

39 Custody of records

(1) The Clerk has the custody of the records and other documents belonging to the Assembly.

(2) The records and other documents belonging to the Assembly –

(a) Must be made available by the Clerk upon request by a member; and

(b) May be made available by the Clerk to any other person with the permission of the Speaker.

40 Minutes

(1) The Clerk must –

(a) Keep minutes of the proceedings of the Assembly; and

(b) Send to each member a copy of the minutes of each meeting as soon as possible after the conclusion of the meeting.

(2) The Clerk must record in the minutes of a meeting of the Assembly –

(a) The name of each member attending the meeting; and

(b) The decisions made by the Assembly during the meeting.

(3) The minutes must be signed by the Speaker and countersigned by the Clerk.

41 Record of members

(1) The Clerk must keep a record in respect of each member.

(2) The record kept in respect of a member must include –

(a) The name of the member; and

(b) The date of his or her election; and

(c) The date the member took his or her seat; and

(d) On the member ceasing to be a member, the date and cause.

42 Official report

(1) An official report (known as Hansard) is to be made by the Clerk of those portions of the proceedings of the Assembly as is determined by the Assembly or by the Speaker.

(2) The report is to be in such form and subject to such rules as are approved from time to time by the Assembly or by the Speaker.

(3) The report must be published by the Clerk.

PART 12
PAPERS

43 Presentation of Papers

A Paper may be laid upon the Table of the Assembly when the Speaker calls for the "Presentation of Papers".

44 Who may present Papers

(1) A Paper may be laid on the Table of the Assembly by –

(a) The Speaker; or

(b) A Minister; or

(c) The Chairman of a Select Committee.

(2) Otherwise a member has no power to lay a Paper on the Table of the Assembly unless authorised to do so by a resolution of the Assembly.

45 Presentation of Papers

(1) The person in charge of a Paper may lay the Paper on the Table of the Assembly without motion.

(2) A person who has laid a Paper on the Table of the Assembly may make a short statement in respect of the Paper.

(3) The Speaker must not allow a debate on the statement.

(4) A Paper laid on the Table of the Assembly must be recorded as so laid in the minutes of the meeting.

46 Consideration of Papers

(1) When a Paper has been laid on the Table of the Assembly the Clerk must put it on the Business Paper for the next meeting of the Assembly.

(2) When "Consideration of Papers" is called on the Speaker must call the title of each Paper in the order in which it appears on the Order Paper.

(3) If a member wants to debate a Paper the member may, on the Paper being called on by the Speaker, move "That the Paper be noted" or "That the Paper be referred to the Government for consideration" or some other motion relevant to the Paper.

(4) If a motion is not made in respect of a Paper called on by the Speaker for consideration the Clerk must omit mention of the Paper from subsequent Order Papers.

PART 13
PETITIONS

47 Petitions

(1) A member may present a Petition to the Assembly if –

(a) It is made on a form provided for the purpose by the Clerk; and

(b) Each signature on the Petition is in the handwriting of the person signing or, in the case of mark, it is witnessed; and

(c) Each signature or mark is followed by the name and address of the person signing or making the mark; and

(d) The petition is in the Niuean or English language; and

(e) The petition is accompanied by a translation into the Niuean or English language, as the case may be, certified as correct by the Member who is to present the Petition.

(2) A Petition must not have any other document attached to it.

48 Presentation of Petition

When a member presents a Petition to the Assembly the member must confine himself or herself to a brief statement of –

(a) A description of the group or people who signed the petition; and

(b) The number of signatures attached to it; and

(c) The general object of the Petitioner or Petitioners.

49 Disposal of Petition

(1) A member who has presented a Petition to the Assembly may then move "That the petition be read" or "That the petition be referred to a Select Committee".

(2) In moving such a motion the member must give his or her reason for doing so.

50 Petition on matter having judicial remedy

A member must not present a Petition to the Assembly in respect of matter for which there is a judicial remedy if no application for that remedy has been made.

PART 14
QUESTIONS AND ANSWERS

51 Questions

(1) A member may through the Speaker ask a question relating to a Bill, motion or other public matter connected with the business of the Assembly during the period set aside by the Assembly for questions and answers.

(2) The time allowed for questions, and answers in the Assembly shall be limited to 1 hour.

52 Notice of questions

(1) A question must not be asked without notice unless the Speaker is satisfied that –

(a) It is of an urgent character; and

(b) Relates either to a matter of public importance or to the arrangement of the business of the Assembly.

(2) A Member must give written notice of a question to the Clerk at least 3 working days before the day on which the answer is required.

(3) The questions in the Assembly at any one sitting shall be limited to 20 in number and shall be the first 20 questions received by the Office of the Speaker by closing day, on a first come first served basis.

(4) Each question must be worded in the form of a single question and must not include introductions or explanations.

(5) Questions will be distributed to Ministers no fewer than 3 working days before the day on which the answer is required and will be listed in the Order Paper on that day.

53 Answers to questions

(1) The Speaker must not allow debate on a question that has been asked and answered.

(2) As soon as a question has been answered in the Assembly the member who asked the question may without notice, ask no more than 2 supplementary questions.

(3) The Speaker must not permit a supplementary question to be asked that introduces a matter not included in the original question.

(4) Each supplementary question must be worded in a form as a single question and must not include introductions or explanations.

PART 15
MOTIONS AND AMENDMENTS

54 Notice of motions

(1) Except as provided in paragraph (2) a member who wants to move a motion in the Assembly must give notice of the motion the member proposes to move by giving a written copy of the motion to the Clerk at least 5 working days before the start of the meeting during which the member intends to move the motion.

(2) A member may move a motion without giving prior notice to the Clerk if it is a motion –

(a) By way of amendment to a question already proposed; or

(b) For the adjournment of the Assembly or of a debate; or

(c) Raising a question of privilege; or

(d) That a petition be read or referred to a Select Committee; or

(e) That a Bill be referred to a Select Committee; or

(f) That relates to a Paper called on for consideration; or

(g) To report progress; or

(h) For any reading of a Bill; or

(i) For the withdrawal of a Bill; or

(j) On a matter the Speaker accepts is urgent; or

(k) That does not require notice by virtue of any other provision of these Standing Orders.

55 Form of motion

(1) A motion must be expressed in a form and with a content appropriate for a resolution of the Assembly.

(2) Accordingly a motion must –

(a) Clearly indicate the issue to be raised for debate; and

(b) Include only such material as may be necessary to identify the facts or matter to which the motion relates.

(3) A motion must not contain –

(a) Unbecoming or offensive expressions or expressions or words which would not be permitted in debate, or

(b) Statements of fact or the names of persons unless –

(i) They are strictly necessary to render the motion intelligible; and

(ii) can be authenticated.

56 Motions and amendments to be seconded

(1) A motion or amendment, unless made in Committee, must be moved in the affirmative form and seconded.

(2) The mover of a motion or amendment may speak on the principle and merits of the motion or amendment before formally moving the motion or amendment but if it is not then seconded it lapses forthwith.

57 Motions to amend or replace Standing Orders

A notice of a motion to amend or replace these Standing Orders must be accompanied by a draft of the proposed amendment or replacement Standing Orders.

58 Withdrawal of motions and amendments

(1) A member who has proposed a motion or amendment may withdraw it, but if the motion or amendment has been seconded the member cannot do so except with the approval of the Assembly.

(2) A motion or amendment to which an amendment has been moved cannot be withdrawn until the latter amendment has either been disposed of or withdrawn.

59 Reintroduction of motions

A motion cannot be proposed which is the same in substance as a motion that during the previous 12 months has been resolved in the affirmative or negative.

60 Moving of amendments to motions

(1) A proposed amendment to a motion cannot be moved until the Speaker has accepted the motion.

(2) The Speaker must not accept a proposed amendment to a motion after the vote on the motion has been taken.

61 Order of amendments to motions

When written notice has been given of several proposed amendments to a motion, each proposed amendment is to be dealt with in the order in which, if agreed to, it would stand in the amended motion.

62 Rules as to amendments to motions

A proposed amendment to a motion must be relevant to the motion.

63 Abuse of Standing Orders

The Speaker may decline to propose the question on a motion for the adjournment of a debate or for the adjournment of the Assembly during a debate if the Speaker is satisfied that the motion –

(a) Is an abuse of these Standing Orders; or

(b) An infringement of the rights of the minority of members.

PART 16
PERSONAL EXPLANATIONS

64 Personal explanations

(1) A member may with the leave of the Speaker at the time appointed for Personal Explanations explain matters of a personal nature.

(2) The Speaker must not allow a personal explanation to be debated.

(3) The subject matter of a proposed personal statement must first be communicated to the Speaker.

PART 17
RULES OF DEBATE

65 Members to address the Speaker

A member must not address the Assembly except through the Speaker.

66 The Speaker to call upon member to speak

(1) A member who wishes to speak must raise his or her arm to attract the Speaker’s attention.

(2) The Speaker should generally permit members to speak in the order in which they catch the eye of the Speaker.

67 Speaker to be heard in silence

When the Speaker is addressing the Assembly –

(a) Any member then speaking must immediately cease speaking; and

(b) All members must remain silent to permit the Speaker to be heard without interruption.

68 Speech to be directed to the question

(1) A member must speak to the subject matter under discussion.

(2) The Speaker may –

(a) Call the attention of the Assembly to continued irrelevance or tedious repetition on the part of a member who is at that time speaking; and

(b) Direct the member to discontinue his or her speech.

69 Member generally to be allowed to speak once

(1) Except as provided by paragraphs (2) and (4) and during debate on the second reading of a Bill, the Speaker must ensure that a member speaks only once to a question.

(2) The Speaker may allow a member who has spoken to speak again to clear up a misunderstanding in regard to a material point of the member’s speech.

(3) In allowing the member to speak again the Speaker must not allow the member to –

(a) Introduce new matter; or

(b) Interrupt a member who is speaking.

(4) The Speaker may allow the mover of a substantive motion or amendment a right of reply but must ensure that the reply is confined to matters raised during the debate.

(5) The reply of the mover of a motion or proposed amendment closes the debate on the motion or the amendment and the Speaker must not permit any other member to speak or move a proposed amendment in respect of the motion.

70 Member may speak to Point of Order

A member may speak –

(a) To a point of order; or

(b) Upon a matter of privilege suddenly arising.

71 Point of Order takes precedence

(1) A point of order being raised takes precedence.

(2) Any member who is speaking when a point of order is raised must cease speaking until the Speaker has given a ruling on the point of order.

72 Offensive words

The Speaker must intervene if offensive or disorderly words are used whether by a member who is speaking or by a member who is present.

73 Personal reflection

The Speaker must intervene if a member makes –

(a) An imputation of an improper motive against a member; or

(b) An offensive reference to a member’s private affairs; or

(c) A personal reflection against a member.

74 Matters awaiting judicial decision

(1) If it appears to the Speaker that there is a real and substantial danger of prejudice to a matter awaiting or under adjudication in a court the Speaker may order a member not to refer to the matter in –

(a) A motion; or

(b) A debate; or

(c) A question, including a supplementary question.

(2) Paragraph (1) has effect –

(a) In relation to a criminal matter, from when a charge is made; and

(b) In relation to any other matter, from when proceedings are initiated by the filing of the appropriate document in the registry or office of the court.

(3) Paragraph (1) ceases to have effect when the verdict and sentence are announced or from when judgment is given in respect of the matter, as the case may be.

(4) If notice of appeal is given paragraph (1) has effect from when that notice is given until the appeal is decided.

(5) Paragraph (1) is subject to the right of the Assembly to legislate on any matter.

75 Closure of debate

(1) At any time after a motion or amendment has been proposed a member may move "That the question be now put".

(2) Unless it appears to the Speaker that the motion –

(a) Is an abuse of these Standing Orders; or

(b) Is an infringement of the rights of the minority of members, the Speaker must forthwith put the motion "That the question be now put".

(3) If the motion is carried the Speaker must put the question on the substantive motion or amendment without further debate.

76 Question fully put by the Speaker

A member must not speak to a question after –

(a) It has been fully put by the Speaker; and

(b) The vote on the question has been given both in the affirmative and negative.

77 Adjournment in case of grave disorder

If the Speaker thinks it necessary to do so because of grave disorder in the Assembly the Speaker may –

(a) Adjourn the Assembly without question put; or

(b) Suspend the sitting until a time or for a period specified by the Speaker.

78 Respect to be shown to the Speaker

A member who leaves the Assembly Chamber during a sitting must show respect to the Speaker both on leaving and on return to his or her seat.

PART 18
VOTING

79 Voting of members

(1) Except as otherwise provided by these Standing Orders, the Speaker determines if voting on a question before the Assembly is to be –

(a) On the voices; or

(b) By a show of hands; or

(c) By a secret ballot held in a manner determined by the Speaker.

(2) If the Speaker is presiding at the time of a vote on a question and there is an equality of votes the question is lost.

(3) The Speaker declares the result of a vote.
[See articles 22(3) (4)(5) and article 35(1) of the Constitution]

PART 19
BILLS

80 Power of Assembly to make laws

[See article 28 of the Constitution]

81 Distribution of copies of Bills

(1) The Clerk must send a copy of a Bill to each member at least 10 days before the first reading of the Bill.

(2) A Bill specified in a Certificate of Urgency signed by the Speaker may be introduced without prior distribution to members.

82 Introduction of Bills into Assembly

[See article 29 of the Constitution]

83 Rules regarding bills

(1) A Bill introduced into the Assembly must be accompanied by an explanatory note signed by the member who introduced the Bill.

(2) The explanatory note must state the objects and reasons for the Bill.

(3) A Bill must have a distinguishing title.

(4) A Bill must be divided into successive clauses consecutively numbered, and each clause must have a head note giving a short indication of the content of the clause.

84 Financial Bills

The procedure for passing Appropriation Bills is subject to the additional requirements set out in Part 20. [See article 30 of the Constitution]

85 Bills affecting the Niue Public Service

[See article 32(1) of the Constitution]

86 Bills affecting Niuean land

[See article 33(1) of the Constitution]

87 Bills to be read three times in Assembly

[See article 22(8) of the Constitution]

88 Introduction and first reading of Bill

(1) A member may introduce a Bill to the Assembly by –

(a) Reading its Long Title; and

(b) Explaining the purpose and general intent of the Bill.

(2) After introducing the Bill the member introducing the Bill must move "That the [short title of Bill] be read a first time".

(3) On the motion being made and seconded "That the [short title of Bill] be read a first time" the debate on that motion must be confined to the principles and general merits of the Bill.

89 Procedure after first reading of Bill

If the motion "That the [short title of Bill] be read a first time" is carried the member in charge of the Bill must move "That the [short title of Bill] be read a second time".

90 Second reading of Bills

On the motion being made and seconded "That the [short title of Bill] be read a second time" the Speaker must not allow any amendment to the motion except an amendment to postpone the second reading of the Bill to some subsequent date.

91 Procedure during debate on the motion that a Bill be read a second time

(1) During debate on the motion "That the [short title of Bill] be read a second time" the member in charge of the Bill must –

(a) Call the number of each clause of the Bill in succession; and

(b) Read the headnote to the clause.

(2) When the member in charge of the Bill has read the headnote to a clause of the Bill –

(a) That member may provide an explanation in respect of the clause; and

(b) Other members may speak in respect of the clause.

(3) If no amendment is offered in respect of a clause the Speaker must put the question "That clause [number of the clause] stands part of the Bill".

(4) If a clause is amended the Speaker must put the question "That clause [number of the clause] as amended stands part of the Bill".

(5) Notice need not be given of a motion to amend a clause nor does such a motion need to be seconded.

(6) A member may speak more than once in respect of a clause or on a proposed amendment to a clause but when more than one member indicates a wish to speak the Speaker must give preference to a member who has not previously spoken.

92 Amendments to comply with certain conditions

(1) During debate on the motion "That the [short title of Bill] be read a second time" the Speaker must refuse to put to the Assembly any amendment the Speaker considers does not comply with the following conditions –

(a) The amendment must be relevant to the subject matter of the Bill and to the subject matter of the clause (if any) to which it relates; and

(b) The amendment must not be such as to make the clause (if any) it proposes to amend unintelligible or ungrammatical; and

(c) If an amendment refers to or is not intelligible without a subsequent amendment, notice of the subsequent amendment is given before or when the first amendment is moved so as to make the series of amendments intelligible.

(2) The Speaker must not accept a motion by a member to delete the whole of a clause since the proper course for the member to take is to vote against the clause.

93 Postponement of consideration of a clause

During debate on the motion "That the [short title of Bill] be read a second time" the consideration of a clause may on motion be postponed.

94 New clauses

(1) During debate on the motion "That the [short title of Bill] be read a second time" any member may propose a new clause for the Bill.

(2) Any proposed new clause must be considered when the appropriate place for the insertion of the clause into the Bill is reached.

95 Schedules

(1) During debate on the motion "That the [short title of Bill] be read a second time" any member may propose a new schedule for the Bill.

(2) Any proposed new schedule must be considered when the appropriate place for the insertion of the schedule into the Bill is reached.

96 Adjournment during debate on the motion that a Bill be read for a second time

(1) If the consideration of a Bill by the Assembly on the motion "That the [short title of Bill] be read a second time" is not completed at the one time the consideration of the Bill may, on motion made, be adjourned until –

(a) The next sitting day; or

(b) Some subsequent sitting day or meeting of the Assembly.

(2) When the time appointed for the resumption of debate on the motion "That the [short title of Bill] be read a second time" arrives the Assembly must resume debate on that motion.

97 Member may move that Bill be referred to a select committee

(1) At any time during debate on the motion "That the [short title of Bill] be read a second time" a member may move "That the [short title of Bill] be considered by the [name of appropriate Select Committee]".

(2) If a Bill is referred to a Select Committee no further proceedings are to be taken on the motion "That the [short title of Bill] be read a second time" until the Select Committee has reported to the Assembly.

(3) When consideration of a Bill by a Select Committee has been completed the member in charge of the Bill must report to the Assembly.

(4) The report must state "Mr Speaker I beg to report that the [short title of Bill] has been considered by the [name of Select Committee] and has been approved [with] or [without] amendment".

(5) Where the Bill has been approved by the Select Committee with amendments the member in charge of the Bill must move "That the amendments to the [short title of Bill] approved by the [name of Select Committee] stand part of the Bill".

(6) The Assembly may approve all or any of the amendments proposed by the Select Committee or reject them, and may continue the debate on the motion "That the [short title of Bill] be read a second time".

98 Conclusion of debate on the motion that a Bill be read a second time

When the consideration of the motion "That the [short title of Bill] be read a second time" has been completed the Speaker must put to the Assembly the question "That the [title of Bill] [as amended – if amended during debate on the second reading] be read a second time".

99 Third Reading of Bills

Upon motion being made and seconded "That the [title of Bill] [as amended
– if amended during debate on the second reading of the Bill] be read a third time" amendments for the correction of errors or oversights may with the Speaker’s permission be made but no amendments of a material character are to be accepted by the Speaker.

[See article 35(1) of the Constitution]

100 Bill passed

After a Bill has been read a third time –

(a) The Bill is to be taken to have been passed by the Assembly; and

(b) Accordingly the Speaker must not put to the Assembly any further question in respect of the Bill.

101 Assent to Bills

(1) When a Bill (other than a Bill to which article 35 of the Constitution applies) has been passed by the Assembly the Clerk must prepare at least 2 copies of the Bill for certification under article 34 of the Constitution.

(2) When a Bill to which article 35 of the Constitution applies –

(a) Has been passed by the Assembly under that article; and

(b) Has been submitted to a poll and received the support prescribed by that article, the Clerk must prepare at least 2 copies of the Bill to be certified under that article.

102 Verbal or formal amendments

In preparing a Bill for certification in accordance with article 34 or 35 of the Constitution the Clerk may –

(a) Make amendments of a verbal or formal nature; and

(b) Correct clerical, typographical or cross-reference errors.

103 After certification

When a Bill has been certified in accordance with article 34 or 35 of the Constitution, the Clerk must –

(a) Retain one certified copy of the Bill with the records of the Assembly; and

(b) Deposit one certified copy of the Bill with the Attorney-General.

104 Withdrawal of Bills

A member in charge of a Bill may by motion without notice withdraw the Bill from the Assembly.

105 Power of Assembly to send for persons, papers and records

During debate on the motion "That the [short title of Bill] be read a second time" the Assembly may approve a motion to require –

(a) The department of Government concerned; or

(b) An outside person or body –

(i) to submit a report to explain a provision of the Bill; or

(ii) to depute a representative to appear as a witness before the Assembly to explain a provision of the Bill.

[These Standing Orders only bind the Speaker and Members of the Niue Assembly (although even here the Assembly may, in any particular case, suspend their application). They do not bind other people. So it is not an offence for a person to fail to comply with a requirement made under this Order. To make it an offence the Assembly would need to pass legislation setting out the powers and privileges of the Assembly. Such legislation is provided for by article 24(5) of the Constitution.]

PART 20
APPROPRIATION BILLS

106 Procedure to be followed to enact Appropriation Bills

The procedure for passing Appropriation Bills is the same as for passing other Bills as set out in Part 19 subject to the variations and additional requirements set out in this Part.

[See article 30 of the Constitution]

107 Annual Appropriation Bill and estimates of expenditure

[See articles 58 and 59(1) of the Constitution]

108 Contents of Appropriation Bill

The Appropriation Bill for a financial year must contain –

(a) An estimate of the expenditure to be made from the Niue Government Account for all the services of Government for that financial year (other than expenditure for a service of Government authorised by any other law); and

(b) A Schedule specifying the amount of that expenditure appropriated to each department of Government for that financial year.

109 Contents of draft Estimate of Expenditure and Financial Statement

(1) Details of the amount appropriated by the Appropriation Bill to each department of Government for the financial year must be contained in a draft Estimate of Expenditure and Financial Statement.

(2) The draft Estimate of Expenditure and the Financial Statement for a financial year must also –

(a) Show expenditure for a service of Government authorised by any other law; and

(b) Contain an estimate of the revenue to be received by each department of Government during the financial year.

110 Draft Estimate of Expenditure and Financial Statement to be sent to each member

The draft Estimate of Expenditure and the Financial Statement for a financial year must be sent to each Member at the same time as the Appropriation Bill is sent to members.

111 Copy of budget statement to be provided to members

If the Minister in charge of an Appropriation Bill intends to read a budget statement on moving "That the Appropriation Bill be read a first time" the Minister must before making that statement provide each Member with a copy of it either in the Niuean language or the English language, as requested by the member.

112 Consideration of Departmental votes

(1) During debate on the motion "That the Appropriation Bill be read a second time" the clauses of the Bill stand postponed until after the consideration of the Schedule to the Bill.

(2) On consideration of the Schedule to an Appropriation Bill the Minister in charge of the Bill must call the title of each department of Government in turn and propose the question "That the sum of $[amount] for the [name of Department of Government] Departmental Vote stands part of the Schedule".

(3) A member may move an amendment to reduce the sum appropriated for an item in a Departmental Vote by proposing the question "That the sum appropriated to item [item number as contained in the draft Estimate of Expenditure and Financial Statement] in the [name of Department] Departmental Vote be reduced by $[amount].

(4) When several such amendments are proposed to reduce the amount appropriated to various items in a Departmental Vote –

(a) They must be called in the numerical order of the vote items as contained in the draft Estimate of Expenditure and Financial Statement; and

(b) If there is more than one amendment to the same item, the larger reduction must be put first.

(5) An increase in the sum appropriated for an item in a Departmental Vote cannot be moved except by the Minister in charge of the Bill and then only with the consent of the Premier.

(6) If an amendment is moved to increase an amount appropriated to an item in a Departmental Vote –

(a) It takes priority over any amendment to decrease the amount appropriated to the item; and

(b) If carried, any amendment to decrease the amount appropriated to the item lapses.

(7) When all amendments in respect of a Departmental Vote have been disposed of, the Speaker must propose the questions "That the sum) or reduced or increased sum of $[amount] for [name of Department of Government] Departmental Vote stands part of the Schedule".

(8) When each Departmental Vote in the Schedule to an Appropriation Bill has been dealt with the Speaker must call each clause of the Bill.

(9) When calling a clause the Speaker must indicate to members any consequential amendment to the amount specified in the clause as a result of any change in an amount appropriated in respect of a department of Government.

113 Third Reading to be taken immediately after Second Reading

(1) When an Appropriation Bill has been read a second time the third reading of the Bill must be taken forthwith.

(2) The Speaker must not allow any debate on the motion for the third reading of an Appropriation Bill.

114 Appropriation Bill takes precedence over other business

An Appropriation Bill takes precedence over all other business.

115 This Part to apply to Supplementary Appropriation Bills

This Part applies to a Supplementary Appropriation Bill in the same way as it applies to an Appropriation Bill.

PART 21
SELECT COMMITTEES

116 Appointment of Select Committee

(1) The Assembly may –

(a) Appoint a Select Committee consisting of members; and

(b) Refer to the Committee a matter for consideration or enquiry and report.

(2) A matter referred to a Select Committee may include –

(a) Any proposed Bill submitted to it by a Minister before its approval by the Government and its introduction into the Assembly; and

(b) Any proposals for public expenditure (with any estimates of revenue) submitted to it by the Minister responsible for finance before their approval by the Government and the introduction into the Assembly of a Bill to authorise that expenditure.

(3) In respect of a matter referred to it by a Minister a Select Committee must report to that Minister.

117 Control and dissolution of Select Committees

A Select Committee is subject to the control of the Assembly and accordingly –

(a) May be dissolved by the Assembly; or

(b) Have its functions transferred by the Assembly to another Committee appointed by the Assembly.

118 Chairman of Committee

(1) A Select Committee must elect a Chairman before proceeding to any other business.

(2) A Chairman so elected holds office during the life of the Committee unless the members of the Committee otherwise determine.

(3) A Chairman of a Select Committee may call a meeting of the Committee at any time the Chairman is satisfied there is a matter to be considered by the Committee.

119 Quorum of Committee

The quorum of a Select Committee, unless otherwise ordered by the Assembly, is half of the members appointed to the Committee.

120 Voting

(1) A question before a Select Committee is to be decided by a majority of votes of the members present.

(2) A Chairman of a Committee has a deliberative and, if there is an equality of votes, a casting vote.

121 Procedure of a Select Committee

Except as otherwise provided by this Part, Standing Orders applicable during the debate on the second reading of a Bill apply to a Select Committee.

PART 22
PECUNIARY INTERESTS OF MEMBERS TO BE DECLARED

[See article 119 of the Constitution]

122 Pecuniary interest defined

(1) A pecuniary interest is a direct financial benefit that might accrue to a member personally, or to any trust, company or other business entity in which the member holds an appreciable interest, as a result of the outcome of the Assembly’s consideration of a particular item of business.

(2) A pecuniary interest –

(a) Includes a pecuniary interest held by a member ’s spouse or domestic partner or by any child of the member who is wholly or mainly dependent on the member for support, but

(b) Does not include any interest held by a member or any other person as one of a class of persons who belong to a profession, vocation or other calling or who hold public offices or an interest held in common with the public.

123 Members to declare pecuniary interests

A member must, before participating in the consideration of an item of business, declare any pecuniary interest that the member has in that business.

124 Speaker decides if interest held

If a dispute arises as to whether a member has a pecuniary interest, the matter is to be determined by the Speaker, whose decision is final.

PART 23
TIME LIMIT OF SPEECHES

125 Time limit of speeches

(1) The Speaker must limit the time allowed for a speech in the Assembly as follows –

(2) These limitations do not apply to a member in charge of an Appropriation Bill delivering the first reading speech in respect of the Bill.

(3) Subject to leave of the Assembly, a member may be granted an extension of time not exceeding half the time allotted to him or her under paragraph (1).

PART 24
SUSPENSION OF STANDING ORDERS

126 Suspension of Standing Orders

(1) A member may with the consent of the Speaker move a motion with or without notice "That Standing Order [number of Standing Order] be suspended [wholly or in part or as appropriate].

(2) The Speaker must not give approval under paragraph (1) unless 10 members are present at the time the motion is to be moved.