'Serious' consequences if Te Pāti Māori MPs don't attend Privileges Committee hearings - chair

The Privileges Committee chair says the consequences for those who don't appear before the committee are incredibly serious, but another member says it'll set a precedent if the commitee makes a judgment without hearing from the MPs involved.

It comes as Te Pāti Māori said it will hold its own "alternative independent hearing", in reaction to what it says are unfair actions by Parliament's Privileges Committee while considering complaints about a haka and protests in Parliament.

Te Pāti Māori announced on Wednesday that the parallel hearing would be held at Parliament in May, so people could understand "what it is to be Māori and to have tikanga in this place".

MPs Rawiri Waititi, Debbie Ngarewa-Packer, and Hana-Rawhiti Maipi-Clarke did not attend their Privileges Committee hearing on Wednesday, after saying they were denied natural justice, and calling it a "kangaroo court".

The three, along with Labour's Peeni Henare, were referred to the committee for their involvement in a haka and protests in November, at the first reading of the contentious Treaty Principles Bill.

Te Pāti Māori co-leaders Waititi and Ngarewa-Packer held a media conference whilst the Privileges Committee was deliberating, reiterating their key concerns.

Ngarewa-Packer said if they did not "turn up today" people would want to know why, and they had decided to hold an "alternative independent hearing" on 7 May at Parliament.

"We have decided that being accountable is really important, and we want people to understand what it is to be Māori and to have tikanga in this place."

Waititi added they did not know what the outcome would be from the committee meeting, but said "we're not sorry" and that they would "do it again in a heartbeat, because this is who we are".

"As this house deliberates and as the media deliberates about what we are, it would be easy for us to bow down to the system and do what they say and dismiss the very essence of who we are."

But Waititi said they had all made "promises to ourselves" to "stand up for ourselves, especially in the face of what seems to be a never ending tsunami of hate".

He said this was bigger than a "silly little Privileges Committee and their silly little rules".

"This is about us standing up against the tyranny of the majority and the contest between the dominating culture that te iwi Māori has to contend with."

Ngarewa-Packer said they could not get a hearing that was "going to be fair" and that was going to "address the real kaupapa, which is tikanga Māori".

"We would love to explain what it is when we're doing our haka, but the reality is the committee didn't want to allow that."

Labour's Peeni Henare is the fourth MP accused of disorderly behaviour - he fronted the committee last month. They ruled his behavious disorderly, but did not find him in contempt.

He stands by attending his Privileges Committee hearing.

"I think if we honour the institute of Parliament, we come here to do a job, I do think they should look toward attending, I mean - I did.

"The sooner you get it done, you've got the opportunity to fight for things our people care about right now."

When it came to the issue of explaining haka, Henare pointed out Rawiri Waititi's prowess as a Te Matatini champion.

"Rawiri Waititi has won more Matatini championships than anyone I know - I don't think you can get more of an expert on haka than the man himself."

Green MP Ricardo Menendez March is part of the Privileges Committee but is sympathetic toward Te Pāti Māori, and for the Committee to be able to do its job properly.

"I think for the committee to be able to deliberate on this whole process, it's important that we're able to hear from Te Pāti Māori in whatever way is comfortable for them and culturally safe."

He think it's important their requests are considered in a way that best accommodates some of the cultural needs.

"At the end of the day, their side of the story and the incidents that occurred is critical and key to arriving to a good and robust conclusion."

He said the "principle of fairness is important," and whether the MPs choose to take up the offer is up to them.

"But I am of the view that we should be taking steps to accommodate them, because it would be setting a precedent for us to make judgment on, for example, things like their motives without having heard from them in writing or orally."

Menendez March said there's a broader discussion to be held around the role of tikanga in the House, and he understands why the party wants to hold a forum to discuss what they did and the context of rules that "simply do not reflect modern times".

"What we have found is that the Privileges Committee has to operate within the current rules of Parliament, which, in some ways, do not reflect the modern Aotearoa that we live in."

The Privileges Committee released a statement following its meeting, saying it now had to consider how to "progress the question of privilege" in light of the MPs "nonattendance at the hearings scheduled for today".

"We are mindful of the seriousness of the matter and have accordingly decided to offer a final alternative date for the hearings of evidence to take place."

That would be Wednesday, 23 April, at 10am.

It specified each member was expected to appear at the hearing of evidence, or to provide written evidence by that date "in lieu of his or her attendance".

"We expect the members involved to engage with the committee's consideration of the question of privilege, as all others who have been referred to this committee have done."

Speaking to reporters after the meeting, chairwoman Judith Collins said it was "fair enough" to offer the members "one further opportunity" and that will be "the final offer".

Collins said the committee had "never seen anything like this".

When asked about the alternative hearing, Collins said it was "an interesting concept".

In response to the "silly little committee" comment, Collins said: "It's never wise to denigrate Parliament, and the members of Parliament who try their very best, turn up pretty much every day to do their very best and to represent their constituents and the people of New Zealand. I just don't think it's best to do that.

"I always think it's wise to show respect to each other in this Parliament, not to be disrespectful."

Collins said she did not understand Waititi's argument that Parliament did not respect Te Pāti Māori. When asked if respect was shown for tikanga in Parliament, Collins said there was respect to be shown for "the rules of Parliament".

Collins said the committee would make a determination after the fact if the MPs did not show up to the next scheduled hearing.

"We do not want to have anybody under any illusions as to just how serious this is."

Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.