Tim van de Molen. Photo: RNZ / Samuel Rillstone
A senior Labour MP has rejected a suggestion by ACT leader David Seymour that a rare censure to be imposed on a National MP is part of Labour's efforts to "fight back" as it slides in the polls.
Parliament will censure Waikato-based list MP Tim van de Molen next week for threatening Transport Committee chair Shanan Halbert and impeding him in his parliamentary duties.
The Privileges Committee - made up of four Labour MPs, two National, one ACT and one Green - unanimously found van de Molen was in contempt of the House with his "objectively threatening" behaviour, when he stood over Halbert and told him to "stand up", and then not moving when asked.
Van de Molen has since apologised to the House for his actions, but not before being stripped of his portfolios by National leader Christopher Luxon.
Seymour told RNZ's First Up on Friday van de Molen's behaviour would have been unacceptable in any workplace.
"I am familiar with the case, having served on the Privileges Committee that examined it. You know, there's a person who, you know, was found to have obstructed, blocked someone from leaving, said a series of things that were believed to be threatening, and within any workplace, including within Parliament that's unacceptable."
"Within any workplace, including within Parliament that's unacceptable" - ACT leader David Seymour
He said the finding was part of a "tumultuous week in Parliament".
"I think the main thing I would take out of the last week is that we've got a government that started the week saying 'we are going to fight back'.
"Now this issue was a finding of the Privileges Committee, but just about everything else that has happened has in some way been a consequence of Labour now saying 'we are fighting back'.
"They're a government that cannot run on their record because they came in with enormous promises of hope and kindness. They've left us with lawlessness, inflation, division. And so they've decided if they can't run on their record, they're going to run against a hypothetical bogeyman of the opposition."
Ginny Andersen. Photo: RNZ / Angus Dreaver
The National Party turned down Morning Report's interview requests. At an Auckland event later on Friday, he defended his decision not to sack van de Molen.
He had also previously said contempt of Parliament was not a sackable offence and insisted van de Molen was facing serious consequences.
"I think we've had severe consequences for Tim van de Molen, his behaviour was unacceptable, it was aggressive and hostile," Luxon told reporters on Friday.
"It's not the standard I expect of my MPs, and as a result he's had severe consequences, all of his portfolios have been taken away, he won't be a minister in the next government and also he's done a public and personal apologies to everybody involved and importantly he's also going to seek out coaching support and I think that's appropriate, proportionate and it's decisive and the ruling doesn't come out til next Tuesday but I acted yesterday."
Labour's Ginny Andersen, currently minister for both police and justice, told the show the Speaker - who forwarded the case to the Privileges Committee after receiving a complaint from Labour MP Rachel Boyack - acted independently, his actions "not towards any party".
"The Labour Party has had no influence in those findings from the Privileges Committee or the Speaker."
"The Labour Party has had no influence in those findings from the Privileges Committee or the Speaker"- Labour MP Ginny Andersen
There have been an unusually high number of referrals to the Privileges Committee this year, including Labour MPs Jan Tinetti and Michael Wood, and ACT's Simon Court. Van de Molen will be the first to be formally censured since Winston Peters in 2008.
Andersen rejected a suggestion the string of cases was a reflection of a "negative vibe" in Parliament as the election approached, with polls suggesting a change in government was likely.
"Each individual case that goes before the Privileges Committee is quite different," she said.
"What is specific to the case with Tim van de Molen is that there was quite threatening behaviour. The Speaker has made it very clear that that sort of behaviour to other members of Parliament is completely unacceptable. And that is the reason why he's taken quite severe actions in response to what Mr van de Molen has done."
Luxon decided against kicking van de Molen out of the party, but said he would not be a minister should National form the next government. Andersen declined to say whether she thought that was enough of a punishment, except to say there would be " severe actions if one of our members conducted themselves the way Mr van de Molen has".
She criticised Luxon's handling of the situation.
"When Labour people were put through that same committee - Mr Luxon was calling for the resignation before that process had even started. Now Tim van de Molen has been through that process and been found in contempt of Parliament, he is still not taking any further action.
"I think it really calls into question his principles and his standards if he is having one set of rules for his own members and another set of rules for other parties."