(1) This Act may be cited as the Remuneration Authority Act 1977.

(2) This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

In this Act, unless the context otherwise requires,—

This Act shall bind the Crown.

(1) There is hereby established an authority to be called the Remuneration Authority.

(2) The Authority established by subsection (1) is hereby declared to be the same Authority as the Higher Salaries Commission established by the Wage Adjustment Regulations 1974 and in existence immediately before the commencement of this Act.

(1) The Authority shall consist of 3 members, to be appointed by the Governor-General by Order in Council.

(2) One member of the Authority shall be so appointed as the Chairman of the Authority.

(3) The Authority may from time to time appoint one of the other members of the Authority to be the Deputy Chairman of the Authority.

(4) No member of the Authority shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason of his being a member of the Authority.

(1) Except as otherwise provided in this Act, every member of the Authority shall be appointed for a term not exceeding 3 years, but may from time to time be reappointed.

(2) Unless he sooner vacates his office under section 7, every member of the Authority shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

(3) [Repealed]

(1) Any member of the Authority may at any time be removed from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

(2) Any member of the Authority may at any time resign his office by giving written notice to that effect to the Minister.

(3) If any member of the Authority dies, or resigns, or is removed from office, the vacancy thereby created shall be deemed to be an extraordinary vacancy.

(4) An extraordinary vacancy shall be filled by the appointment of a member by the Governor-General by Order in Council.

(5) Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.

(6) The powers of the Authority shall not be affected by one vacancy in its membership.

(1) Meetings of the Authority shall be held at such times and places as the Authority or its Chairman from time to time appoints.

(2) At any meeting of the Authority, 2 members shall form a quorum.

(3) The Chairman shall preside at every meeting of the Authority at which he is present.

(4) In the absence of the Chairman from any meeting, the Deputy Chairman shall preside at that meeting.

(5) A decision of a majority of the members present at any meeting shall be the decision of the Authority, and, in the event of an equality of votes, the member presiding shall have a casting vote as well as a deliberative vote.

(6) Subject to the provisions of this Act, the Authority may regulate its procedure in such manner as it thinks fit.

(7) No decision or determination of the Authority, and no proceeding before the Authority, shall be held bad for want of form, or be void or in any way vitiated by reason of any informality or error of form.

(1) Every member of the Authority and every person engaged or employed in connection with the work of the Authority shall maintain and aid in maintaining the secrecy of all matters which come to his knowledge when carrying out his functions or duties under this Act, and shall not communicate any such matters to any person except in the discharge of his functions and duties under this Act.

(2) Every person commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both who wilfully acts in contravention of subsection (1).

(1) The Authority is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.

(2) There shall be paid out of money appropriated by Parliament for the purpose to the members of the Authority remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

There shall from time to time be appointed by the chief executive of the Department of Labour such employees of the department as may be necessary to enable the Authority to exercise its functions and powers.

(1) The functions of the Authority shall be—

• (a) to consider and determine the following matters:

  • (i) the salaries and allowances of members of the House of Representatives, being the salaries and allowances required to be fixed by the Authority pursuant to the Civil List Act 1979:

  • (ii) [Repealed]

  • (iii) [Repealed]

  • (iv) [Repealed]

  • (v) the remuneration of the officers specified in Schedule 4:

  • (va) remuneration in accordance with section 47(1)(b) of the Crown Entities Act 2004:

  • (vi) [Repealed]

• (b) to consider and make determinations with respect to the superannuation rights and obligations of the members of the House of Representatives who are contributors under Part 6 of the Government Superannuation Fund Act 1956, being rights fixed at the commencement of this Act by that Part and other provisions of that Act:

• (ba) to consider and make determinations with respect to the superannuation rights and obligations of those members of the House of Representatives who are not contributors under Part 6 of the Government Superannuation Fund Act 1956:

• (bb) to determine issues about how any provision of a determination is to be interpreted or applied or is to operate:

• (c) to carry out such other functions as may be conferred or imposed on it by this Act or any other enactment.

(2) In carrying out its functions under subsection (1)(a), the Authority may fix scales of salaries and scales of allowances or ranges of rates of remuneration or alternative forms of remuneration within a remuneration package for any position, and may prescribe rules governing the application of any such scales of salaries or allowances, or ranges of rates of remuneration, or alternative forms of remuneration within a remuneration package fixed by it.

(2A) The Authority shall, in making a determination under subsection (1)(ba), determine—

• (a) the maximum amount that in any year may be paid by way of superannuation subsidy (which amount must be the same for all members but which may be expressed as a specified monetary amount or as a percentage of an ordinary member's salary as the Authority determines) in respect of those members of the House of Representatives who choose to contribute to any registered superannuation scheme; and

• (b) the contribution that the member must make to that registered superannuation scheme in order to be entitled to any of the subsidy referred to in paragraph (a), expressed as a ratio of the subsidy to the member's contribution.

(2B) For the avoidance of doubt, it is hereby declared that the Crown's liability to any registered superannuation scheme to which a member referred to in subsection (1)(ba) chooses to contribute shall be limited to payment of such subsidy as may be determined pursuant to subsection (2A).

(2C) In this section registered superannuation scheme means any superannuation scheme that is registered under the Superannuation Schemes Act 1989.

(3) Except as provided in this Act, where the remuneration due to any person is fixed under this Act, no amount in excess of the remuneration so fixed for the time being shall be granted to any person on account of that remuneration.

(1) Notwithstanding anything in this Act, where the Authority has jurisdiction to determine the salary of any persons or group of persons pursuant to any subparagraph of section 12(1)(a) (other than subparagraph (i)), the Authority may, in relation to any such person or to any member of that group of persons,—

• (a) determine at any time that no remuneration may be paid to him in addition to that salary:

• (b) determine at any time what remuneration or class of remuneration may be paid to him in addition to that salary:

• (c) determine at any time the rates of any remuneration or class of remuneration that may be paid to him in addition to that salary or the criteria by which, or the limits within which, those rates are to be fixed.

(2) Every determination under subsection (1) shall have effect according to its tenor.

(3) [Repealed]

(1) Notwithstanding anything in this Act or any other Act, where the Authority has jurisdiction to determine the salary or remuneration of any person or group of persons pursuant to any subparagraph of section 12(1)(a) (other than subparagraph (i)), the Authority may determine, but shall not be obliged to determine, in relation to any such person or to any member of any such group of persons,—

• (a) the maximum amount that in any year may be paid by way of superannuation subsidy in respect of any such person or member who chooses to contribute to any registered superannuation scheme; and

• (b) the contribution that any such person or member must make to a registered superannuation scheme in order to be entitled to any of the subsidy referred to in paragraph (a), expressed as a ratio of the subsidy to the person's or member's contribution.

(2) Any maximum amount determined under subsection (1)(a) may be expressed as either a specified monetary amount or a percentage of salary, either of which may vary according to any category of person or member.

(3) Any determination made under subsection (1)(a), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

(4) Every such determination, and every provision of any such determination, in respect of which no date is specified shall come into force on the date of the making of the determination.

(5) Where the salary of any person to whom a determination made under subsection (1)(a) relates is payable out of public money, any superannuation subsidy required or allowed for by the determination may in accordance with, and within any limits prescribed by, the determination be paid out of public money without further appropriation than this section.

(6) For the avoidance of doubt, it is hereby declared—

• (a) that any determination made under subsection (1)(a) may specify conditions that, in addition to the condition specified in subsection (1)(b), must be complied with before a superannuation subsidy or a superannuation subsidy of a specific amount or a specified maximum amount is payable:

• (b) that any determination made under subsection (1)(a) may, directly or by defining a category of persons or by reference to specified circumstances, specify persons or classes of persons to whom or circumstances in which the determination is not to apply:

• (c) that where any employer or other person is, in accordance with a determination under subsection (1)(a), liable to pay a subsidy to a registered superannuation scheme, the liability imposed on that employer or other person by that determination shall not, in relation to that scheme, exceed the amount of that subsidy.

(7) In this section registered superannuation scheme means any superannuation scheme that is registered under the Superannuation Schemes Act 1989.

(1) The Authority shall have the function of considering and determining the salaries and principal allowances of—

• (a) the Chief Justice, the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, the Chief High Court Judge, and the other Judges of the High Court; and

• (aa) the appointed Judges of the Court Martial Appeal Court; and

• (b) the Chief District Court Judge, the Principal Family Court Judge, the Principal Youth Court Judge, the Principal Environment Judge, and the other District Court Judges; and

• (ba) the Chief Judge of the Court Martial and the other Judges of the Court Martial; and

• (c) the Chief Judge of the Employment Court and the other Judges of the Employment Court; and

• (d) the Chief Judge and the Deputy Chief Judge of the Maori Land Court and the other Judges of the Maori Land Court; and

• (e) the Associate Judges of the High Court; and

• (f) the chief coroner and the other coroners (other than a person who (under section 8(d) of the District Courts Act 1947) is a coroner by virtue of holding office as a District Court Judge).

(2) The Authority shall have the function of considering and making determinations with respect to—

• (a) the superannuation rights and obligations of the judicial officers specified in subsection (1) who are contributors under Part 4 or Part 5 or Part 5A of the Government Superannuation Fund Act 1956, being rights fixed at the commencement of this Act by any of those Parts and other provisions of that Act; and

• (b) the superannuation rights and obligations of those judicial officers specified in subsection (1) who are not contributors under Part 4 or Part 5 or Part 5A of the Government Superannuation Fund Act 1956.

(3) The Authority shall, in making a determination under subsection (2)(b), determine—

• (a) the maximum amount that in any year may be paid by way of superannuation subsidy in respect of any judicial officer who chooses to contribute to any registered superannuation scheme; and

• (b) the contribution that the judicial officer must make to that registered superannuation scheme in order to be entitled to any of the subsidy referred to in paragraph (a), expressed as a ratio of the subsidy to the officer's contribution.

(4) Any maximum amount determined under subsection (3)(a) may be expressed as either a specified monetary amount or a percentage of salary, either of which may vary according to any category of judicial officer.

(5) Nothing shall prevent the holder of any one particular judicial office from being treated as a category of judicial officer for the purposes of subsection (4) if the Authority considers it to be appropriate.

(6) Any reference in this section to judicial officer includes any person appointed to the office of Solicitor-General.

(7) For the avoidance of doubt, it is hereby declared that the Crown's liability to any registered superannuation scheme to which a judicial officer referred to in subsection (2)(b) chooses to contribute shall be limited to payment of such subsidy as may be determined pursuant to subsection (3).

(8) In this section registered superannuation scheme means any superannuation scheme that is registered under the Superannuation Schemes Act 1989.

(9) Every determination to which subsection (1) or subsection (2) applies shall be deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989 but not for the purposes of the Regulations (Disallowance) Act 1989.

(1) Notwithstanding anything in this Act, where the Authority has jurisdiction to determine the remuneration of any persons or group of persons pursuant to section 12(1)(a) (other than subparagraph (i)) or under any other enactment, the Authority may in relation to any such persons or to any member of that group of persons determine the nature and extent of the principal allowances that may be paid in addition to that remuneration.

(2) Every determination under subsection (1) shall have effect according to its tenor.

(3) [Repealed]

(1) The Governor-General may from time to time, by Order in Council—

• (a) [Repealed]

• (b) add to or omit from Schedule 2 the name of any university position:

• (c) [Repealed]

• (d) add to or omit from Schedule 4 the name of any specified statutory officer:

• (e) otherwise amend Schedule 2, or Schedule 4, or revoke any such schedule or any Part of any such schedule, and substitute a new schedule or a new Part, as the case may require.

(2) Every Order in Council made under subsection (1) shall have effect according to its tenor.

(1) Every determination of the Authority has effect according to its tenor and, despite anything in any other enactment, an Order in Council is not required in order to fix the rates or scales of any salary or allowances that are determined by the Authority in a determination.

(2) It is unlawful for any person to act contrary to a determination under this Act or to fail to observe the criteria or limits specified in a determination.

(1) The Authority shall ensure that every determination made by it in respect of the remuneration of any person is, subject to section 16, made known to that person and to the person responsible for the payment of the remuneration and to such other persons as have, in the opinion of the Authority, a direct interest in the subject matter of the determination.

(2) The Authority shall deliver to the Minister copies of all determinations made by it—

• (a) under any of the provisions of section 12(1)(a); or

• (b) under section 12B.

(3) [Repealed]

(4) [Repealed]

(5) The Authority shall release to the Government Statistician such of its determinations as the Government Statistician may require for the purpose of publishing statistics pursuant to the Statistics Act 1975.

(6) Except as expressly provided in this Act, determinations of the Authority shall not be published by the Authority.

(1) The Authority shall, in respect of every determination made by it in respect of the salaries and allowances of members of the House of Representatives, make it known—

• (a) by giving a copy of it to each of the following persons, namely—

  • (i) the Prime Minister:

  • (ii) the Speaker of the House of Representatives:

  • (iii) the leader of the official Opposition; and

• (b) by publishing it in the Gazette not later than 14 days after the date on which a copy of it is given to the Prime Minister.

(2) Every determination to which subsection (1) applies shall be deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989 but not for the purposes of the Regulations (Disallowance) Act 1989.

(1) Any determination under section 12(1)(b) or section 12B(2)(a) may contain provisions which modify, or are to apply instead of, provisions of the Government Superannuation Fund Act 1956.

(2) Before making a determination under section 12(1)(b) or section 12B(2)(a) in respect of rights under the Government Superannuation Fund Act 1956, the Authority shall consult with the Government Superannuation Fund Authority concerning the substance and form of the Authority's proposed determination.

(3) [Repealed]

(4) Any determination made under section 12(1)(b) or section 12(1)(ba) or section 12B(2), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

(5) Every such determination, and every provision of any such determination, in respect of which no date is specified shall come into force on the date of the making of the determination.

(6) Where a determination made under section 12(1)(ba) or section 12B(2)(b) requires or allows for, in relation to any person, the payment out of public money of any superannuation subsidy, that subsidy may in accordance with, and within any limits prescribed by, this Act and any such determination be paid out of public money without further appropriation than this section.

(7) Every determination under section 12(1)(b) or section 12(1)(ba) shall be made known in accordance with section 16 as if it were a determination in respect of the salaries and allowances of members of the House of Representatives.

(8) Except to the extent that a determination under section 12(1)(b) or section 12B(2)(a) modifies, or is expressed to be in substitution for, any provision of the Government Superannuation Fund Act 1956, nothing in any such determination shall affect the provisions of that Act.

Before making a determination under section 12(1)(a)(i), the Authority must—

• (a) consult with the Commissioner of Inland Revenue about the taxation consequences of the Authority's proposed determination; and

• (b) consult with the Speaker of the House of Representatives and the Minister who has, with the authority of the Prime Minister, for the time being assumed responsibility for Ministerial services, about the services for which they have jurisdiction.

(1) In determining any remuneration under section 12(1)(a) or section 12B(1), or under any other enactment, the Authority shall have regard in particular to the following criteria:

• (a) the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and

• (b) the need to be fair both—

  • (i) to the persons or group of persons whose remuneration is being determined; and

  • (ii) to the taxpayer or ratepayer; and

• (c) the need to recruit and retain competent persons.

(2) In determining the remuneration of any persons or group of persons pursuant to any subparagraph of section 12(1)(a) or in determining the remuneration of any persons or group of persons pursuant to section 12B(1) or under any other Act, the Authority shall take into account—

• (a) the requirements of the position concerned; and

• (b) the conditions of service enjoyed by the persons whose remuneration is being determined and those enjoyed by the persons or members of the group of persons whose remuneration and conditions of employment are, in the opinion of the Authority, comparable with those of the persons or members of the group of persons whose remuneration is being determined.

(1) Subsection (2) applies in relation to the Authority in determining the remuneration of any person or group of persons under section 12(1)(a) or 12B(1) or under any other enactment.

(2) The Authority—

• (a) must take into account any prevailing adverse economic conditions, based on evidence from an authoritative source; and

• (b) may determine the remuneration at a rate lower than it would otherwise have determined.

(3) A determination of remuneration at a lower rate under subsection (2)(b) must not result in the remuneration of a person or group of persons being lower than the remuneration the person or group of persons is entitled to before the determination.

(4) To avoid doubt, the provisions of any other enactment relating to the setting of remuneration by the Authority must be read together with, and subject to, this section.

(1A) This section applies to determinations other than those under section 12(1)(b) or section 12(1)(ba) or section 12B(2).

(1) Subject to subsection (4), every determination shall specify the date on which it expires and shall continue in force at least until the close of that date. The Authority may issue separate determinations, at different times, for the different positions under the jurisdiction of the Authority. The Authority may make a determination before or after the date upon which that determination is to come into force.

(2) No determination, or any part of it, shall come into force earlier than the date of the expiry of the currency of the existing determination being wholly or partially superseded by the first-mentioned determination.

(3) Notwithstanding the expiry of the currency of a determination, it shall continue in force to the extent that it is not superseded by another determination.

(4) Notwithstanding subsection (1), the Authority may at any time while a determination is in force amend that determination—

• (a) for the purpose of remedying any defect or removing any ambiguity; or

• (b) to deal with any new matter that was not dealt with at the time of the making of the determination; or

• (c) if the Authority is satisfied that in all the circumstances there are particular and special reasons that justify a period of less than the term specified in the determination.

(5) Notwithstanding any term included in any determination, the Authority shall review and issue a determination for each position that is subject to its jurisdiction at intervals of not more than 3 years.

(1) Any person or any organisation shall be entitled to make written submissions to the Authority in relation to the exercise by the Authority of its functions under this Act.

(2) Where the Authority is considering whether to make a determination in relation to the remuneration or superannuation of any persons or group of persons, the following persons and organisations shall be entitled to make written submissions and, at their option, oral submissions to the Authority, at a time and place and in a manner to be determined by the Authority:

• (a) either—

  • (i) representatives of the members of each category of persons whose remuneration is being considered; or

  • (ii) any recognised organisation representing the members of each category of persons whose remuneration or superannuation is being considered:

• (b) any recognised organisation representing employers of persons whose remuneration or superannuation is being considered:

• (c) each employer or employing authority, or an authorised representative of each employer or employing authority, of the persons whose remuneration or superannuation is being considered.

(1) Where any position is subject to the determination of the Authority under section 12(1)(a) or section 12B and the remuneration for that position is determined by the Authority at a rate that is lower than that being lawfully received by the holder of that position, his remuneration shall not be reduced as a result of that determination.

(2) This principle does not apply to any change in remuneration arising from the Remuneration Authority (Members of Parliament) Amendment Act 2002.

(1) For the purpose of carrying out its functions under this Act, the Authority shall be deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908, and the provisions of that Act, except sections 2, 4A, 11, and 12, shall apply accordingly.

(2) To enable it to carry out its functions, the Authority may require any person to furnish information concerning salaries or other conditions of employment or both for any positions, whether or not those positions are subject to the jurisdiction of the Authority under this Act.

(3) In addition to the powers expressly conferred on the Authority by this Act or any other enactment, the Authority shall have such other powers as may be reasonably necessary to enable it to carry out its functions.

(1) As soon as practicable after the end of each year ending with 30 June, the Authority shall furnish to the Minister a report of its operations during that year.

(2) A copy of the report shall be laid before Parliament.

All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.

No member of the Authority shall be personally liable for any act done or default made by the Authority in good faith in pursuance or intended pursuance of the powers and authorities of the Authority.

Notwithstanding any provision of any other Act authorising any person or body to fix any remuneration or allowance, as from the commencement of this Act, any remuneration or allowance which the Authority has jurisdiction to determine by virtue of this Act or any other enactment shall be fixed by that Authority and not otherwise.

(1) Every determination of the Authority shall prevail over any contract of service to the extent that there is any conflict between the determination and the contract; and the contract shall thereafter be construed and have effect as if it had been modified, so far as necessary, in order to conform to the determination.

(2) Nothing in this section shall derogate from section 24.

Where any university or the University Grants Committee considers that any remuneration which it proposes to agree to, or pay, will or may tend to lead to unreasonable disparities or inappropriate relativities with remuneration determined by the Authority under section 12 or section 12A, it shall, before agreeing to, or committing itself to the payment of, that remuneration, consult with the Authority and have due regard to any opinions expressed by the Authority and to any relevant remuneration determined by the Authority.

(1) The enactments specified in Schedule 5 are hereby amended in the manner indicated in that schedule.

(2) Unless in any case the context otherwise requires, in any other enactment or in any regulation, order, notice, award, agreement, instrument, or other document—

• (a) every reference to Part 2 of the Wage Adjustment Regulations 1974 shall be read as a reference to this Act:

• (b) every reference to the Higher Salaries Commission shall be read as a reference to the Remuneration Authority established under this Act.

The Civil List Amendment Act (No 2) 1970 is hereby repealed.

(1) The following regulations are hereby consequentially revoked, namely:

• (a) Amendment(s) incorporated in the regulations.

• (b) the Wage Adjustment Regulations 1974, Amendment No 1:

• (c) Amendment(s) incorporated in the regulations.

• (d) the Wage Adjustment Regulations 1974, Amendment No 6:

• (e)–(g) Amendment(s) incorporated in the regulations.

(2), (3) Amendment(s) incorporated in the regulations.

(1) Nothing in this Act shall affect the validity of any determination made by the Higher Salaries Commission before the commencement of this Act pursuant to Part 2 of the Wage Adjustment Regulations 1974 and every such determination shall be and be deemed always to have been valid according to its tenor.

(2) Notwithstanding anything in this Act, salaries and allowances in respect of which the Remuneration Authority may make determinations shall, until amended or superseded by determination of the Authority, continue to be payable at the rates applicable at the commencement of this Act.