Travelling-allowance Regulations 1941

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Travelling-allowance Regulations 1941

(SR 1941/149)

C L N Newall, Governor-General

Order in Council

At the Government House at Wellington, this 3rd day of September 1941

Present:
His Excellency the Governor-General in Council

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.

These regulations are administered by the State Services Commission.

Pursuant to the Regulations Act 1936, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations.

Regulations

1

These regulations may be cited as the Travelling-allowance Regulations 1941.

2

These regulations shall apply to and shall be deemed to be incorporated in all regulations hereafter enacted to which by such regulations it is declared that these regulations shall apply.

3

In these regulations, and in any regulations to which these regulations are declared to apply, unless inconsistent with the context,—

board means the board, council, committee, or other organisation to which the special regulations relate

committee includes subcommittees

special regulations means the regulations to which these regulations are declared to apply.

4

When his attendance at the meetings of the board or a committee of the board or in transacting any business of the board pursuant to a resolution of the board requires a member to absent himself from his usual place of residence for a continuous period of 24 hours or longer, or a period involving his leaving and return on successive days, there shall be paid to him by way of subsistence allowance in respect of every day or part of a day (except time spent in travelling at sea) on which he is so absent a payment after the rate specified in that behalf in the special regulations.

5

When his attendance at the meetings of the board or a committee of the board or in transacting any business of the board pursuant to a resolution of the board requires a member to absent himself from his usual place of residence for a continuous period of less than 24 hours, leaving and returning on the same day, there shall be paid to him by way of subsistence allowance his actual reasonable out-of-pocket expenses, but so that the payment is not greater than he would be entitled to for an absence of 24 hours.

6

For the purposes of the 2 last preceding regulations a day means a period of 24 hours commencing at midnight, and every period of absence shall be computed from and to the nearest exact hours to the times of departure from and return to the member’s usual place of residence.

7

In respect of his attendance at the meeting of the board or a committee of the board or in transacting any business of the board pursuant to a resolution of the board there shall be paid to each member all locomotion expenses actually and reasonably incurred, including the provision of first-class accommodation by railway, steamboat, motor vehicle, or other public conveyance plying for hire on the route traversed, and ordinary sleeping berths on trains and deck cabins on steamboats.

8

Where the journey or any part thereof is served by more than one means of public conveyance, then, whichever means be used, the member shall be entitled only to the locomotion expenses payable for travel by the least expensive of such means of conveyance:

provided that locomotion expenses by any alternative means of conveyance may be paid when by reason of the saving of time produced the total expense to the board (including cost of transport and subsistence allowance) does not exceed the total that would have been payable had the least expensive means of conveyance been used.

9

Where with the approval of the board given on the ground of exceptional circumstances a private means of conveyance has been used in lieu of a public conveyance for the whole or any part of the journey, the member shall, subject to clause 12, be entitled to payment of the fare that would have been incurred for travel by the least expensive means of public conveyance serving the same journey.

10

If no public conveyance that is reasonably available plies for hire between the points of departure and arrival or over any stage of the journey and a private means of conveyance has been used the member shall be entitled to a mileage allowance computed by the shortest practicable route and to terminal expenses as specified in the next 2 succeeding clauses.

11

The mileage allowances and terminal expenses payable in the circumstances set out in the last preceding clause shall for journeys performed on horseback or in a horse-drawn vehicle be a mileage allowance after the rate specified in that behalf in the special regulations counted each way, together with actual cost of stabling, not exceeding the amount specified in the special regulations, for every night that the horse has to be kept away from home, and for journeys performed in a motor vehicle be a mileage allowance after the rate specified in that behalf in the special regulations counted each way, together with actual garage expenses, not exceeding the amount specified in the special regulations, for every night that the vehicle has to be kept away from home.

12

Where more members than 1 travel by the same private conveyance only 1 allowance for terminal expenses shall be payable to all those members, and the total payment to be made to all those members under clause 9 or clause 10 shall be the fare or mileage allowance payable to 1 member increased by one-fourth for every additional member so travelling, and such total payment shall, unless the members concerned otherwise agree, be paid to them in equal shares.

13

No travelling allowance, locomotion expenses, subsistence allowance, or subsistence expenses shall under these regulations as applied by the special regulations be paid to any member in respect of any period or occasion for which the member—

(a)

has received; or

(b)

intends to receive; or

(c)

being entitled to receive does not disclaim,—

any sum in the nature of a travelling allowance, locomotion expenses, subsistence allowance, or subsistence expenses from any person, firm, company, or body corporate, including any private trust or from any other person or administrative body; and if a member at any time receives any such sum from any such source as aforesaid he shall be liable to refund any payment made in respect of the same period or occasion under these regulations as applied by the special regulations.

14

No payment of travelling allowance, locomotion expenses, subsistence allowance, or subsistence expenses shall be made until approved by a specific resolution of the board.

15

No payment shall be made under these regulations until the member claiming the payment has signed a statement setting out:

(i)

the particulars of the amounts payable to which are attached vouchers for every disbursement in excess of 5 shillings, other than disbursements for railway fares, sleeping berths on trains, steamboat passage money, and deck cabins on steamboats:

(ii)

that on the days for which a claim is made he was engaged in attending a meeting of the board or a committee thereof or engaged in transacting business of the board pursuant to a resolution of the board, or travelling to or returning from such meeting or the transaction of such business:

(iii)

that the expenses set out in the voucher were incurred and that the claim is correct in all particulars:

(iv)

that the member has not already been paid by and will not claim or accept from any other person, firm, company, or body corporate, including any private trust or any other public or administrative body, any sum in the nature of a travelling allowance, locomotion expenses, subsistence allowance, or subsistence expenses in respect of the period and occasion for which his claim as a member of the board is made.

16

No payment under these regulations shall be made to any person in respect of any period or occasion for which he has received or is entitled to receive any sum in the nature of a travelling allowance, locomotion expenses, subsistence allowance, or subsistence expenses as an officer or employee of the public service.

Regulation 16: replaced, on 10 April 1946, by regulation 2 of the Travelling-allowance Regulations 1941, Amendment No 1 (SR 1946/50).

Regulation 16: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

T R Aickin,
Acting Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 1941.

Reprints notes
1 General

This is a reprint of the Travelling-allowance Regulations 1941 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

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

Public Service Act 2020 (2020 No 40): section 135

Travelling-allowance Regulations 1941, Amendment No 1 (SR 1946/50)