Fees and Travelling Allowances Regulations 1952

Reprint
as at 10 July 1967

Coat of Arms of New Zealand

Fees and Travelling Allowances Regulations 1952

(SR 1952/63)

Freyberg, Governor-General

Order in Council

At the Government Buildings at Wellington, this 31st day of March 1952

Present:
The Right Hon S G Holland presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the State Services Commission.


Pursuant to the Fees and Travelling Allowances Act 1951, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1
  • These regulations may be cited as the Fees and Travelling Allowances Regulations 1952.

2
  • In these regulations, unless the context otherwise requires,—

    Board means a statutory Board

    day means a period of 24 hours commencing at midnight.

    Expressions defined in the Act have the meanings so defined.

3
  • (1) A subsistence allowance shall be payable to a member of a Board in every case where his attendance at a meeting of the Board or of a committee of the Board or, pursuant to a resolution of the Board, in transacting any business of the Board requires him to be absent from his usual place of residence for a continuous period of 24 hours or longer or a period involving his leaving from and returning to that place on successive days.

    (2) Where a member, for the purpose of attending a meeting of the Board or of a committee of the Board or, pursuant to a resolution of the Board, of transacting any business of the Board is required to be absent from his usual place of residence for a continuous period of less than 24 hours, leaving from and returning to that place on the same day, there shall be payable to him by way of allowance his actual reasonable out-of-pocket expenses, but so that the payment (excluding fares and other locomotion expenses) is not greater than he would be entitled to as a subsistence allowance for a period of 24 hours.

4
  • (1) Where a member when travelling by train at night is provided with a sleeping berth, the subsistence allowance shall be reduced by a quarter of 1 day's allowance.

    (2) Where a member when travelling by sea is provided with a breakfast, midday meal, or evening meal or at night is provided with sleeping accommodation, the subsistence allowance shall be reduced by a quarter of 1 day's allowance for each such occasion.

5
  • (1) Where a member is entitled to any allowance under regulation 3 there shall be payable to him in addition all fares and other locomotion expenses actually and reasonably incurred in travel, including expenses incurred in the provision of first-class accommodation by railway, ship, motor vehicle, or other public conveyance plying for hire on the route traversed, and ordinary sleeping berths on trains and deck cabins on ships.

    (2) Where the journey or any part thereof is served by more than 1 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 those means of conveyance:

    provided that locomotion expenses in respect of any alternative means of public conveyance may be paid, when by reason of saving of time the total expense to the Board (including cost of transport and any allowance under regulation 3) does not exceed the total that would have been payable had the least expensive of the alternative means of conveyance been used.

    (3) Locomotion expenses actually and reasonably incurred in air travel may be paid where any such travel is undertaken with the prior authority of the Board given by resolution either generally or for a particular case.

6
  • (1) A mileage allowance shall be payable to a member in any case where no public conveyance is reasonably available for a journey or any stage of a journey in respect of which an allowance under regulation 3 is payable to the member and a private means of conveyance is used:

    provided that where with the approval of the Board given on the ground of exceptional circumstances a private means of conveyance has been used by a member instead of an available public means of conveyance there shall be payable to the member, instead of a mileage allowance, the amount of the fare that would have been incurred for travel by the least expensive means of public conveyance serving the same journey.

    (2) The mileage allowance shall be computed in respect of the total length of the shortest practicable route for the journey.

    (3) In addition to any mileage allowance payable a member shall be entitled to garage expenses at a rate approved in that behalf by the Minister for every night that the vehicle has to be kept away from the usual place of residence of the member.

7
  • Where more members than 1 travel by the same private conveyance, the following provisions shall apply:

    • (a) where the member providing the conveyance is entitled to the amount of the fare that would have been incurred if a public conveyance had been used, that amount shall be increased by a quarter thereof for every member so travelling:

    • (b) where the member providing the conveyance is entitled to a mileage allowance the allowance shall be increased at the rate of 1 cent a mile for each additional member so travelling.

    Regulation 7(b): amended, on 10 July 1967, by regulation 2 of the Fees and Travelling Allowances Regulations 1952, Amendment No 2 (SR 1967/139).

8
  • No subsistence allowance, mileage allowance, locomotion expenses, or other allowance or expenses to which these regulations apply shall be paid to any member of a Board in respect of any period or occasion for which the member—

    • (a) has received; or

    • (b) being entitled to receive but does not disclaim,—

    any sum in the nature of any such allowance or expenses otherwise than as a member of the Board on whose business he has travelled.

9
  • No payment of a subsistence allowance, a mileage allowance, locomotion expenses, or other allowance or expenses to which these regulations apply shall be made until the member claiming the payment has signed a statement, certified by the Secretary or other responsible officer of the Board concerned, setting out:

    • (a) the particulars of the amounts payable to which shall be attached vouchers for every disbursement in excess of such amount as the Minister from time to time approves other than disbursements for fares and locomotion expenses in public conveyances:

    • (b) that the provisions of the Act and of these regulations have been complied with in respect of the amount claimed.

    Regulation 9(a): amended, on 18 July 1962, by regulation 2 of the Fees and Travelling Allowances Regulations 1952, Amendment No 1 (SR 1962/117).

10
  • Unless otherwise agreed between the Minister and the Board concerned, any remuneration by way of fees shall be paid to members only in respect of time spent at meetings of the Board or of a committee of the Board or in travelling to and from any such meeting or, pursuant to a resolution of the Board, in transacting any business of the Board.

11
  • The provisions of these regulations, as far as they are applicable and with the necessary modifications, shall apply to members of local authorities in all respects as if a local authority were a Board.

12
  • The provisions of these regulations shall apply only to travel within New Zealand.

T J Sherrard,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 April 1952.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Fees and Travelling Allowances Regulations 1952. The reprint incorporates all the amendments to the regulations as at 10 July 1967, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Fees and Travelling Allowances Regulations 1952, Amendment No 2 (SR 1967/139)

    Fees and Travelling Allowances Regulations 1952, Amendment No 1 (SR 1962/117)