Remuneration Authority (COVID-19 Measures) Amendment Act 2020

Coat of Arms of New Zealand

Remuneration Authority (COVID-19 Measures) Amendment Act 2020

Public Act
 
2020 No 18
Date of assent
 
15 May 2020
Commencement
 
see section 2

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Remuneration Authority (COVID-19 Measures) Amendment Act 2020.

2 Commencement

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

3 Principal Act

This Act amends the Remuneration Authority Act 1977 (the principal Act).

4 New section 19A inserted (Temporary reduction determinations (COVID-19))

After section 19, insert:

19A Temporary reduction determinations (COVID-19)

(1)

The Authority may make a determination adjusting the remuneration of an office holder listed in Schedule 4A for the purpose of temporarily reducing the remuneration payable to that person (a temporary reduction determination).

(2)

No temporary reduction determination may be made after 30 June 2020.

(3)

A temporary reduction determination may not reduce the remuneration payable to a person by more than 20%.

(4)

A temporary reduction determination must—

(a)

specify the date on which it comes into force (which must be no later than 30 days after the date on which it is made); and

(b)

specify the determination to which it applies (the original determination); and

(c)

specify the adjusted remuneration payable to the person; and

(d)

require the remuneration specified in the original determination to be read as the adjusted remuneration specified in the temporary reduction determination until the date on which the temporary reduction determination expires; and

(e)

specify the date on which it expires (which must be no later than 6 months after the date on which it comes into force).

(5)

A temporary reduction determination is a determination for the purposes of the enactment under which the original determination was made, and the provisions of that enactment that relate to the making of a determination apply to the making of a temporary reduction determination.

(6)

This section overrides sections 18A(3), 19(1) and (2), and 24.

(7)

The existence of a temporary reduction determination does not prevent the amendment or replacement of an original determination in accordance with the enactment under which the original determination was made.

(8)

If the original determination to which a temporary reduction determination applies is amended or replaced, the Authority may amend the temporary reduction determination to specify—

(a)

the replacement determination to which the temporary reduction determination applies:

(b)

the adjusted remuneration payable (which must implement a percentage adjustment that is the same as the percentage adjustment that was made when the temporary reduction determination came into force).

(9)

Subsection (8) applies in addition to section 19(4).

(10)

This section and Schedule 4A are repealed on 31 January 2021.

5 New Schedule 4A inserted

After Schedule 4, insert the Schedule 4A set out in the Schedule of this Act.

Schedule New Schedule 4A inserted

s 5

Schedule 4A Office holders in respect of whom temporary reduction determination may be made

s 19A

The Chief Censor of Film and Literature and the Deputy Chief Censor of Film and Literature

The Chief Executive of the Parliamentary Service

The Chief of Air Force

The Chief of Army

The Chief of Defence Force

The Chief of Navy

The Chief Parliamentary Counsel

The Children’s Commissioner

The Clerk of the House of Representatives

The Commissioner of Police and the Deputy Commissioner of Police

The Controller and Auditor-General and the Deputy Controller and Auditor-General

The Health and Disability Commissioner

Māori Trustee

Mayors, Deputy Mayors, Chairpersons, Deputy Chairpersons, and members of local authorities

Members and alternate members of the Human Rights Commission and the Director of Human Rights Proceedings or the Director’s alternate

Members and associate members of the Commerce Commission

Members and associate members of the Financial Markets Authority

Members of the Broadcasting Standards Authority

Members of the Climate Change Commission

Members of the Criminal Cases Review Commission

Members of Drug Free Sport New Zealand

Members of the Electoral Commission

Members of the Electricity Authority

Members of the External Reporting Board

Members of the Law Commission

Members of the New Zealand Productivity Commission

Members of Parliament

Members of the Takeovers Panel

Members of the Transport Accident Investigation Commission

The Mental Health Commissioner and the Deputy Health and Disability Commissioners

Ombudsmen (including the Chief Ombudsman)

The Parliamentary Commissioner for the Environment

The Privacy Commissioner and the Deputy Privacy Commissioner

The Retirement Commissioner

The Solicitor-General

The State Services Commissioner and the Deputy State Services Commissioner

Legislative history

14 May 2020

Introduction (Bill 266–1), first reading, second reading, third reading

15 May 2020

Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.