Reprint as at 18 October 2016

Coat of Arms of New Zealand

Governor-General Act 2010

Public Act
 
2010 No 122
Date of assent
 
22 November 2010
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of the Prime Minister and Cabinet.

Contents

1Title
2Commencement
3Act binds the Crown
4Interpretation
5Salary of Governor-General
6Allowance of Governor-General
7Sum payable after office of Governor-General becomes vacant
8Annuity for former Governor-General
9Annuity for spouse or partner of former Governor-General
10Compensation for lost or adversely affected superannuation rights
11Payments in respect of other benefits and privileges
12Permanent appropriation for salary, allowance, annuities, etc
13Governor-General’s programme
14Governor-General’s travel outside New Zealand
15Salary and expenses of Administrator
16Conflicting claims
17Appeal against decision of authorised person
18Amendments to Civil List Act 1979
19Part 1 repealed
20Appropriation of money for benefits and privileges
21Amendment to Goods and Services Tax Act 1985
22Amendments to Income Tax Act 2007
23New section CW 16 substituted
CW 16Allowance of Governor-General and other benefits and privileges
24Salary or wages
25Definitions
26Continuation of incumbent Governor-General’s entitlements
27Annuities payable in respect of incumbent Governor-General
28Validations
Reprint notes

The Parliament of New Zealand enacts as follows:

 
1 Title

This Act is the Governor-General Act 2010.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Provisions relating to remuneration, programme funding, and other payments concerning office of Governor-General

Preliminary provisions

3 Act binds the Crown

This Act binds the Crown.

4 Interpretation

In this Act, unless the context otherwise requires,—

authorised person means a person authorised to make decisions under section 16 by the Minister who, with the authority of the Prime Minister, is responsible for Ministerial Services

family member, in relation to any person, means—

(a)

a spouse or partner:

(b)

a child—

(i)

who is being maintained as a member of the person’s family; and

(ii)

in respect of whom the person either is the sole or principal provider of ongoing daily care for the child or shares ongoing daily care of the child substantially equally with another person; and

(iii)

who is under 18 years of age; and

(iv)

who is not living with another person in a marriage, civil union, or de facto relationship

financial year has the same meaning as in section 2(1) of the Public Finance Act 1989

partner means a civil union or de facto partner.

Salary, allowance, annuity, and other payments

5 Salary of Governor-General

(1)

The Governor-General must be paid a salary at a rate determined from time to time by the Remuneration Authority.

(2)

A determination made under this section comes into force on the date specified in the determination, which may be a date that is before, on, or after the date the determination is made.

(3)

The salary of the Governor-General is payable for the period—

(a)

starting on the earlier of the following dates:

(i)

a date agreed between the appointee and the Prime Minister:

(ii)

the date on which the appointee takes up the duties of the office; and

(b)

ending on the date on which that person no longer holds office as Governor-General.

(4)

The salary of the Governor-General must not be reduced during the Governor-General’s term of office.

(5)

A determination made under this section is a legislative instrument, but not a disallowable instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1979 No 33 s 3(1)(a), (2), (3), (5), (6)

Section 5(5): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

6 Allowance of Governor-General

(1)

The Governor-General must be paid an allowance, at a rate fixed from time to time by Order in Council, for official expenses.

(2)

The allowance is payable for the period—

(a)

starting on the earlier of the following dates:

(i)

a date agreed between the appointee and the Prime Minister:

(ii)

the date on which the appointee takes up the duties of the office; and

(b)

ending on the date on which that person no longer holds office as Governor-General.

(3)

An Order in Council made under this section comes into force on the date specified in the order, which may be a date that is before, on, or after the date the order is made.

(4)

An Order in Council made under this section is a legislative instrument, but not a disallowable instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1979 No 33 s 3(1)(b), (2), (3), (6)

Section 6(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

7 Sum payable after office of Governor-General becomes vacant

When a person ceases to hold office as Governor-General (other than by reason of death), he or she must be paid a gross lump sum equivalent to the gross salary payable for the last 6 months during which he or she held office.

Compare: 1979 No 33 s 3(4)

8 Annuity for former Governor-General

(1)

This section applies to a person who has held the office of Governor-General.

(2)

If a person to whom this section applies held office as Governor-General for a total period of less than 2 complete years, he or she must be paid an annuity at a yearly rate determined from time to time by the Remuneration Authority.

(3)

If a person to whom this section applies held office as Governor-General for a total period of 2 complete years or more, he or she must be paid an annuity at a yearly rate, determined from time to time by the Remuneration Authority, for each complete year (not exceeding 5 years) of that total period.

(4)

The annuity is payable from the date that is 6 months after the date on which the person ceased to hold office as Governor-General.

(5)

A determination made under this section comes into force on the date specified in the determination, which may be a date that is before, on, or after the date the determination is made.

(6)

A determination made under this section is a legislative instrument, but not a disallowable instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1979 No 33 s 4(1), (3)–(7)

Section 8(6): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

9 Annuity for spouse or partner of former Governor-General

(1)

If a person to whom section 8 applies dies after ceasing to hold office, the surviving spouse or partner of that person must be paid an annuity at half the yearly rate at which an annuity would have been payable to the person under section 8 if that person had not died.

(2)

If a Governor-General dies while in office, the surviving spouse or partner of that person must be paid an annuity at half the yearly rate at which the annuity would have been payable to that person under section 8 had he or she resigned from the office as at the date of death.

(3)

The annuity under subsection (1) or (2) is payable from the date of death of the person who held office as Governor-General until the spouse or partner dies.

Compare: 1979 No 33 s 4(2)–(7)

10 Compensation for lost or adversely affected superannuation rights

(1)

Subsection (2) applies if a person is appointed to the office of Governor-General and, because of the person’s acceptance of that office, the superannuation rights of the person who is appointed to the office, or the superannuation rights of the spouse or partner of that person, have been lost or otherwise adversely affected.

(2)

From the date on which the person appointed to the office of Governor-General ceases to hold that office, compensation must be paid to that person, or to the surviving spouse or partner of that person, of a sum or an annuity, or both, provided for in a written agreement made between that person and the Minister of Finance before that person assumed office as Governor-General.

(3)

An agreement made between the person appointed to the office of Governor-General and the Minister of Finance for the purposes of this section has effect according to its tenor and—

(a)

may provide for the payment of contributions by the Governor-General; and

(b)

if it provides for the payment of an annuity, may provide for any annuity payable under section 8 or 9 to be payable at a rate less than that prescribed by whichever of those sections applies.

Compare: 1979 No 33 s 5

11 Payments in respect of other benefits and privileges

(1)

The terms of the appointment of a person as Governor-General may include an agreement for that person and his or her spouse or partner to be provided with specified benefits or privileges by way of payments in respect of domestic travel and the use of chauffeured cars when he or she no longer holds office as Governor-General.

(2)

A statement setting out the details of any benefits or privileges paid to or in respect of any former Governor-General under an agreement made under subsection (1) or an agreement referred to in section 28(1)(d) must be included in the annual financial statements of the Department of Internal Affairs in addition to the requirements in section 45B(2) of the Public Finance Act 1989.

(3)

The statement must show all of the expenses incurred to provide the benefits or privileges.

Compare: 1979 No 33 s 25(1)(a), (f)

12 Permanent appropriation for salary, allowance, annuities, etc

Expenses may be incurred, without further appropriation than this section, to meet—

(a)

the salary under section 5 and compulsory remuneration-related payments:

(b)

the allowance under section 6:

(c)

the lump sum under section 7:

(d)

the annuities under sections 8 and 9:

(e)

compensation under an agreement made under section 10:

(f)

specified benefits and privileges under an agreement made under section 11(1):

(g)

specified benefits and privileges under an agreement referred to in section 28(1)(d).

Compare: 1979 No 33 s 2

Section 12(a): amended, on 26 March 2015, by section 4 of the Governor-General Amendment Act 2015 (2015 No 14).

Funding for Governor-General’s programme

13 Governor-General’s programme

Expenses may be incurred, without further appropriation than this section, to meet the costs of the Governor-General carrying out his or her duties of office in New Zealand (such as the costs of, and incidental to, travel of the Governor-General, staff of the Governor-General, and his or her family members, and the cost of hosting functions and events, as part of the Governor-General’s programme).

Compare: 1979 No 33 ss 2, 6

14 Governor-General’s travel outside New Zealand

Expenses may be incurred, without further appropriation than this section, to meet the costs of—

(a)

the Governor-General carrying out any of his or her duties of office outside New Zealand (such as the costs of, and incidental to, international travel of the Governor-General, staff of the Governor-General, and his or her family members); and

(b)

travel of the Governor-General designate, his or her family members, and staff of the incumbent Governor-General, for the purpose of the Governor-General designate having an audience with the Sovereign.

Compare: 1979 No 33 ss 2, 6

Administrator of the Government

15 Salary and expenses of Administrator

If the Chief Justice, or the next most senior Judge of the New Zealand judiciary who is able to act, acts as the Administrator of the Government, that person continues to receive the salary of his or her judicial office in respect of the period for which that person acts as the Administrator of the Government.

Compare: 1979 No 33 s 8

Part 2 Miscellaneous provisions

Conflicting claims

16 Conflicting claims

(1)

If more than 1 person claims to be entitled to an annuity under section 9, an authorised person must decide—

(a)

whether more than 1 person is entitled to the annuity; and

(b)

if so, the proportion of the annuity payable to each person entitled to it.

(2)

If more than 1 person is entitled to an annuity, the total annuity paid to the persons entitled to it must not exceed the amount that would have been paid if only 1 person were entitled to it.

Compare: 1979 No 33 s 27(1), (2)(a), (4)

17 Appeal against decision of authorised person

(1)

If a person who claims to be entitled to an annuity under section 9 is dissatisfied with a decision made by an authorised person under section 16, he or she may appeal against the decision to the High Court.

(2)

The High Court Rules 2016 and sections 74 to 78 of the District Courts Act 1947 apply, with all necessary modifications, to an appeal under subsection (1) as if it were an appeal under section 72 of that Act against a decision of a District Court.

(3)

The provisions of the Judicature Act 1908 relating to appeals to the Court of Appeal against a decision of the High Court apply to an order or decision of the High Court on an appeal under subsection (1).

Compare: 1979 No 33 s 27(5)–(7)

Section 17(2): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).

Amendments to Civil List Act 1979

18 Amendments to Civil List Act 1979
19 Part 1 repealed

Part 1 is repealed.

20 Appropriation of money for benefits and privileges

(1)

Section 25(1)(a) is repealed.

(2)

Section 25(1)(f) is amended by omitting “(a),”.

Amendment to Goods and Services Tax Act 1985

21 Amendment to Goods and Services Tax Act 1985

(1)

This section amends the Goods and Services Tax Act 1985.

(2)

Section 6(3)(c)(i) is amended by adding “or the Governor-General Act 2010”.

Amendments to Income Tax Act 2007

22 Amendments to Income Tax Act 2007
23 New section CW 16 substituted

Section CW 16 is repealed and the following section substituted:

CW 16 Allowance of Governor-General and other benefits and privileges

The following are exempt income:

(a)

the allowance of the Governor-General, paid under section 6 of the Governor-General Act 2010:

(b)

any benefit or privilege provided under an agreement made under section 11(1) of the Governor-General Act 2010 or an agreement referred to in section 28(1)(d) of that Act.

24 Salary or wages

(1)

The heading above section RD 5(5) is amended by omitting members of Parliament and and substituting Governor-General, members of Parliament, and.

(2)

Section RD 5(5) is amended by inserting the following paragraph before paragraph (a):

(aa)

salary made to the Governor-General:

(3)

Section RD 5 is amended by inserting the following subsection after subsection (5):

(5B)

A payment to a person made under section 7 of the Governor-General Act 2010 is included in the salary and wages of that person.

25 Definitions

The definition of employment in section YA 1 is amended by omitting “a member of Parliament or” and substituting “the Governor-General, a member of Parliament, or”.

Transitional and savings provisions in respect of incumbent Governor-General

26 Continuation of incumbent Governor-General’s entitlements

(1)

This section applies to the person who held the office of Governor-General immediately before the commencement of this Act (the incumbent Governor-General), until that person no longer holds office as Governor-General.

(2)

The incumbent Governor-General’s entitlements and position in respect of salary, allowance, lump sum on leaving office, compensation for lost or adversely affected superannuation rights, and travelling expenses are as if this Act had not been passed.

27 Annuities payable in respect of incumbent Governor-General

To avoid doubt, the annuities payable in respect of the incumbent Governor-General and his or her spouse or partner after the incumbent Governor-General ceases to hold office as Governor-General are payable in accordance with this Act.

Validation provisions

28 Validations

(1)

Nothing in this Act affects the validity of any of the following made before the commencement of this Act:

(a)

an Order in Council made under section 3 of the Civil List Act 1979:

(b)

a determination made by the Remuneration Authority under section 3 or 4 of the Civil List Act 1979:

(c)

an agreement made under section 5 of the Civil List Act 1979:

(d)

an agreement, as part of the terms of appointment of a person as Governor-General, for that person to be provided with specified privileges or benefits (whether by way of domestic air travel, the use of chauffeured cars, or any other benefit or privilege) when that person no longer held office as Governor-General.

(2)

Despite anything in this Act, every annuity in respect of which a determination by the Remuneration Authority has been made under section 4(1) of the Civil List Act 1979 must continue to be paid at the rate applicable at the commencement of this Act until the determination of the Remuneration Authority relating to that annuity has been superseded by a determination of the Remuneration Authority under section 8 of this Act.

(3)

Despite anything in this Act, every annuity in respect of which a determination by the Remuneration Authority has been made under section 4(2) of the Civil List Act 1979 must continue to be paid to the spouse or partner of the former Governor-General at the rate applicable at the commencement of this Act until the Remuneration Authority has made a determination under section 8 of this Act.

Reprints notes
1 General

This is a reprint of the Governor-General Act 2010 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Senior Courts Act 2016 (2016 No 48): section 183(c)

Governor-General Amendment Act 2015 (2015 No 14)

Legislation Act 2012 (2012 No 119): section 77(3)