Politics

Speaker declines to act on Peters' 'go back to your own country' remark, citing Standing Orders and free speech

Hana SinclairPublished 3d ago4 min readBased on 5 sources
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Speaker declines to act on Peters' 'go back to your own country' remark, citing Standing Orders and free speech
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Speaker Gerry Brownlee has declined to take action on the Green Party's request that New Zealand First leader Winston Peters withdraw and apologise for telling Green MP Lawrence Xu-Nan to "go back to your own country," saying the request came too late and that he would not treat the comments as a breach of privilege.

Brownlee told the House that a request for a member to withdraw and apologise needed to be made in the moment, by the person who had taken offence. He said he would not consider a request made nearly a week later. RNZ

The comments at issue arose during what Brownlee described as a "boisterous" debate in which there had been multiple interjections. Peters directed the remark at Xu-Nan in the course of that exchange. Brownlee noted that had the comments been withdrawn at the time, the matter could not subsequently have been discussed in the House.

Brownlee said he disapproved of the comments and had made clear he believed Peters' remarks were "offensive." He drew a distinction, however, between personal disapproval and the procedural mechanisms available to the Chair. On the question of privilege, Brownlee was blunt: if asked to consider whether Peters' comments constituted a breach of privilege, he would not. He cited free speech in New Zealand and the public's ability to hear what politicians are thinking as his reasoning.

Prime Minister Christopher Luxon has called Peters' statement racist. Luxon planned to talk with Peters about the remarks "at some point." 1News Peters has refused to apologise for the comments and said he disagreed with Luxon's characterisation of them as racist. 1News NZ Herald

The Green Party had written to the Speaker requesting he encourage Peters to withdraw and apologise, stating that if no apology was forthcoming they would pursue the matter as a breach of privilege. With Brownlee declining to act on either front, that pathway now appears closed unless the Greens seek to escalate the matter through other parliamentary mechanisms.

Green Party chief whip Ricardo Menendez March said the lack of action showed the Speaker and the Prime Minister were scared of holding Peters accountable. He said Luxon was "too scared" and that Peters was "walking all over" him.

The tension spilled into the Chamber. Greens co-leader Chlöe Swarbrick was ejected from the House by Brownlee after using a point of order to say the Speaker had "double standards."

The episode puts the Standing Orders governing withdrawal and apology front and centre. The rule Brownlee invoked requires the offended member to raise the matter contemporaneously, effectively meaning a remark not challenged in the moment cannot be revisited through the standard disciplinary process. That is a high bar for interjections made during noisy exchanges, where members may not immediately register what has been said or may choose to absorb the slight rather than disrupt the flow of debate.

Brownlee's free-speech rationale for declining a privilege referral is also worth noting. Privilege complaints are relatively rare and typically reserved for conduct that the House considers contemptuous — obstructing a member in the discharge of their duties, for instance, or deliberately misleading the House. The Speaker's framing suggests he does not view offensive or racist remarks made during debate as rising to that threshold, at least not in circumstances where the standard withdrawal-and-apology mechanism was not invoked at the time.

For the coalition, the dynamic is awkward. Luxon leads a government in which Peters is a senior minister and coalition partner. His condemnation of the remarks as racist sits alongside Peters' flat refusal to apologise, and the Prime Minister's indication that he would raise the matter with Peters "at some point" leaves the timeline for any resolution unclear. Menendez March's framing of Luxon as intimidated by Peters will resonate with Opposition messaging, though it is a characterisation the government would reject.

For the Greens, the ejection of Swarbrick compounds an outcome that fell short of what they sought. The party wanted an apology extracted or, failing that, a privilege referral. They got neither, and lost a co-leader from the Chamber for the remainder of the sitting in the process.