Embattled MP Donna Awatere Huata overcame one of her problems today, when Speaker Jonathan Hunt ruled she had not breached parliamentary privilege.
ACT MPs last week pursued the breach of privilege charge against Mrs Awatere Huata, after suspending her from its caucus.
At the time, ACT leader Richard Prebble said she was facing the most serious allegations against an MP in 100 years.
But Mr Hunt did not see it that way.
"I have determined that no question of privilege does arise in this case and I have advised the members concerned accordingly," he told Parliament this afternoon.
Mrs Awatere Huata is still facing allegations she misused public money given to the Pipi Foundation, which was set up to run a children's reading programme she designed.
She has denied the allegations, which are the subject of investigations by the Serious Fraud Office and auditor-general.
She told NZPA today she was pleased with the Speaker's ruling.
It was "a most important one, in terms of being the first one, I think it sets the tone for the others", she said.
Mr Prebble told NZPA he had some sympathy with the ruling.
"The Speaker made it clear by his ruling that her action was one that he would not expect from an MP, and I think that is the view the public will take," he said.
He did not regret taking the case, which centered on a letter Mrs Awatere Huata wrote to then Treasurer Sir William Birch on 19 February 1999.
In it she sought funding for a remedial reading programme run by the Pipi Foundation.
Mrs Awatere Huata wrote she would not assure the Government of her vote "unless I see an indication that my vote will not be taken for granted".
Mr Hunt told the House the only possibility of a contempt occurring was as a result of that letter.
While there was "reasonable evidence" Mrs Awatere Huata had soliticed public funds for the remedial reading programme run by the Pipi Foundation, that was not contempt.
"But it is a contempt to seek a benefit for oneself or for other persons close to oneself as the price of one's vote. To do so is to seek a bribe," he said.
"I can find no reasonable evidence that Mrs Awatere Huata solicited the funding... for the benefit of herself, or for other persons close to her, such as her children."
Allegations Pipi Foundation funds may have been misappropriated were for investigation by agencies outside the House, Mr Hunt said.
"This case does illustrate that members must be particularly careful in the letters that they write asking for public funding for organisations with which they have any association," he said.
"They inevitably bring suspicion on themselves if they do not take steps to make it clear that they stand to make no personal gain from the funding."
In an odd twist, ACT came under fire from Labour in the House today for failing to use all its votes to support a motion of no confidence in the Government.
By casting just eight of its nine votes yesterday, ACT turned Mrs Awatere Huata into a voteless MP, not that it was owning up.
ACT would not say which MP had not voted, neatly avoiding its obligation to cast a vote for Mrs Awatere Huata, as it must under the rules of Parliament.
Mrs Awatere Huata is now an MP without a vote, paid $90,500 a year plus allowances by taxpayers to be powerless.
But ACT also stands to benefit financially from suspending her, rather than expelling her from the party altogether.
If it expelled her without invoking party hopping legislation, its parliamentary funding would reduce by $111,176 a year.
With eight MPs, rather than nine, ACT would lose $57,176 in leadership funding, $20,000 in party group funding, as well as the $34,200 of member's support funding.
An ACT spokesman told NZPA the party would not lose as much as $111,176, as the party was still paying for the administrative support it was providing to Mrs Awatere Huata.
In the general debate, Labour MPs said ACT was taking money for nine MPs, yet only voting with eight.
Parliament's "scam busters" were now running a voting scam, a series of Labour speakers said.
"Now the people of New Zealand get a real look into the grotesque nature of that party," Labour MP Clayton Cosgrove said.
"They're here for one reason and one reason only - greed.
"There are 111,000 reasons why they want to prevent (Mrs Awatere Huata voting) and it's a disgrace."
- NZPA
Awatere leaps first hurdle in efforts to clear her name
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