Labour says it has lost confidence in Speaker Gerry Brownlee, following what it says was an “unprecedented” decision made amid progress on the Fast-track Approvals Bill.

Late on Tuesday, RMA Reform Minister Chris Bishop put forward an amendment paper for the legislation to introduce the list of 149 projects that may be eligible for streamlined approval.

Deputy Speaker Barbara Kuriger, taking on advice from the Clerk, ruled it was out of order. She said it had the nature of private legislation – which will normally go through its own process.

“Many of the projects are listed under authorised persons in a private capacity. The effect of being listed appears to be of benefit to the specified persons, which would differ from other persons who apply for fast-track approval.”

This led National to ask for Brownlee to be recalled to “further adjudicate on this matter”.

Brownlee, who said he had thought long about the matter, said there were three tests to apply when considering if something was private legislation. He believed this amendment would fail one of those tests. That means he believed the amendment could be put forward.

The House went on debating the bill and the amendments.

Speaker Gerry Brownlee during Question Time. Photo / Mark Mitchell

But Labour has taken issue with the decision, with its shadow Leader of the House Kieran McAnulty saying on Wednesday afternoon it was unprecedented for the Speaker to overrule the advice of the Clerk and presiding officer of the House.

“He failed to reference a single previous ruling and in making his decision has potentially unilaterally changed the rules of Parliament,” McAnulty said.

“It has raised serious constitutional questions about the passing of a Government bill that provides for private benefit. This amendment provides a list of 149 individuals and companies that will benefit from this change. There is a clear process for Private Bills that has not been followed in this case.”

That led Labour to “lose confidence in his ability to oversee a functioning, democratic Parliament”, McAnulty said. The Labour MP said Brownlee should reconsider his ruling and “the potential consequences it will have on this Parliament”.

When McAnulty told Brownlee he didn’t have the confidence of the whole House, Brownlee said there was a proper mechanism to signal that. For example, that can be done through a motion of no confidence.

Parties losing confidence in a Speaker is relatively rare. One previous occurrence was when National lost confidence in Trevor Mallard over his handling of the occupation of Parliament in 2022.

Brownlee’s office has been contacted for additional comment on Labour’s statement.