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Parliament Brief: Select committees

Originally published: 29 January 2016
Last updated: 17 February 2021

Select committees enable members of Parliament to consider matters in more detail than is possible in the House of Representatives. Committees carry out a broad range of work on the House’s behalf. They are responsible to the House, and are required to report to the House with their findings and conclusions.

Members of the public can contribute directly to the work of a committee by making written and oral submissions. The high level of public access to parliamentary processes is a distinctive feature of New Zealand’s parliamentary system.

Establishment of select committees

Committees are automatically established by the Standing Orders at the start of each Parliament. Committee membership must be proportional to party membership in the House so far as reasonably practicable. The number of members on a committee can vary, but each tends to have between six and twelve members.

The structure of the State sector is reflected in the 12 subject select committees:

  • Economic Development, Science and Innovation
  • Education and Workforce
  • Environment
  • Finance and Expenditure
  • Foreign Affairs, Defence and Trade
  • Governance and Administration
  • Health
  • Justice
  • Māori Affairs
  • Primary Production
  • Social Services and Community
  • Transport and Infrastructure.

The Standing Orders also establish six specialist select committees:

  • Business
  • Officers of Parliament
  • Petitions
  • Privileges
  • Regulations Review
  • Standing Orders

The House can establish other committees to consider specific matters. During the 52nd Parliament, the House established two ad hoc committees: the Abortion Legislation Committee in 2019, and the Epidemic Response Committee in 2020.

All current committees have their own web page on Parliament’s website.

Select committee business

The majority of the work carried out by committees is referred to them by the House. Business can also be transferred by one committee to another. Committees have the power to self-initiate items of business, in the form of inquiries or briefings. Below is the range of business that subject committees can consider.

Bills

Legislation is the most important type of business that committees consider. A bill is usually referred to a select committee to examine after it passes its first reading in the House. The main purpose of a committee’s consideration is to decide whether to recommend to the House that the bill be passed. The committee may also recommend amendments to the bill.

A committee typically has six months to consider a bill, but this can be extended or shortened by the House. Departmental advisers from relevant government agencies are appointed to provide advice to the committee. The committee can call for submissions from the public by advertising, and by approaching individuals and organisations with a known interest in the legislation. Submitters can also ask to make an oral submission to the committee.

If there is a lot of interest in a bill and time permits, a committee will often travel outside Wellington to hear oral submissions. Alternatively, committees often use videoconference and teleconference meetings to hear from submitters outside of Wellington.

Committees present their findings and recommendations in a report to the House. The report includes an amended version of the bill showing the recommended changes, and a commentary that explains the recommendations.

Estimates

After the Budget is presented to the House, committees have about 10 weeks to consider the Government’s spending plans for the new financial year. Committees are usually allocated the proposed spending plans that correspond to their subject areas. It is standard practice that a committee invites the responsible Minister to justify the proposed spending at a public hearing of evidence. The committee reports to the House with any findings or recommendations, and the reports are then considered in an eight hour Estimates debate.

Annual reviews

Each year, generally between October and March, committees meet with the heads of public entities in a process known as annual reviews. The purpose of annual reviews is to examine the performance of each entity during the previous financial year, and its current operations. More than 160 entities are subject to annual review, including Government departments, Officers of Parliament, Crown entities, State-owned enterprises, and public organisations. Although an entity’s performance is the responsibility of its chief executive rather than a Minister, annual reviews are essential in holding the Government accountable to the House for the funding that it allocated in the previous year’s Estimates. The committee reports to the House with any findings or recommendations, and the reports are then considered in a 10 hour annual review debate.

Annual reviews were previously called financial reviews. The 2014 review of Standing Orders recommended the name change following amendments to the Public Finance Act.

Inquiries and briefings

The inquiry function of committees has evolved into two forms: formal inquiries, and briefings. Briefings give members the opportunity to inform themselves about topics of interest or concern in the committee’s subject area. A briefing may be a one-off information session, or substantial consideration of a matter over a longer period of time. Briefings can also be for discussions with visiting parliamentary delegations, or to decide whether to initiate a formal inquiry into a matter.

Inquiries are detailed investigations into specific issues. Committees typically prepare their own terms of reference, and may appoint independent advisers to assist them. A committee will often call for submissions from the public on an inquiry, but may choose to only invite submissions from relevant individuals or organisations. Although committees are not required to report to the House on any self-initiated inquiry or briefing, they often do so.

One of Parliament’s committee rooms, known as Māui Tikitiki a Taranga. Enlarge image

One of Parliament’s committee rooms, known as Māui Tikitiki a Taranga.

International treaties

The Government does not need to have Parliament’s endorsement to enter into an international treaty. However, it has been a requirement of the Standing Orders since 1999 that the Government present international treaties to the House for examination, before taking any binding treaty action. An international treaty is first referred to the Foreign Affairs, Defence and Trade Committee, which may choose to refer it to a more relevant subject select committee.

The Government must allow 15 sitting days for committee consideration before it takes binding treaty action. During this time, the committee hears evidence from the relevant department, and may call for submissions from the public. Committees are required to report to the House on any international treaty referred to them.

Reports of Officers of Parliament 

Reports from any of the three Officers of Parliament are presented to the House for consideration. Reports of the Controller and Auditor-General are then referred to the Finance and Expenditure Committee, reports of the Ombudsman to the Governance and Administration Committee, and reports of the Parliamentary Commissioner for the Environment to the Environment Committee.

Petitions

A member of the public can request that the House take action on a matter of public policy or law, or a local or private concern, by starting a petition. Petitions presented to the House are referred to the Petitions Committee, which was established following the 2020 review of Standing Orders. The Petitions Committee is one of the specialist select committees, and has oversight of and responsibility for all petitions that are presented to Parliament. The committee may choose to examine a petition itself, or to refer it to a subject select committee or a Minister for a response.

Public access to select committee proceedings

Committee meetings are open to the public and the news media during hearings of evidence such as submissions. Hearings of evidence are also livestreamed and available on demand on social media and via Parliament's website.

Occasionally, committees might receive private or secret evidence. Any private evidence received is made publicly available after a committee reports to the House. Secret evidence received is not allowed to be disclosed, even after a committee reports to the House, unless the House specifically authorises the disclosure.

Aside from hearings of evidence, all other committee proceedings take place in private, to allow members to freely discuss and receive advice on the matters being considered. After a committee reports to the House, all of the advice and evidence the committee received is made available to the public on Parliament’s website.

Further reading

The Parliament Brief series are available on the Parliament website under Fact Sheets.

McGee, David, Parliamentary Practice in New Zealand, 4th edition, edited by Mary Harris and David Wilson. Auckland, Oratia Books, 2017

Standing Orders of the House of Representatives

Parliamentary privilege in New Zealand

Parliament’s role in international treaties

Annual reviews explained

 (Originally published 24 May 2014)