Local Government (Remuneration Authority Levies) Regulations 2005

Reprint
as at 29 September 2011

Coat of Arms of New Zealand

Local Government (Remuneration Authority Levies) Regulations 2005

(SR 2005/54)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 7th day of March 2005

Present:
Her Excellency the Governor-General 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 Department of Internal Affairs.


Pursuant to clause 10 of Schedule 7 of the Local Government Act 2002, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Local Government (Remuneration Authority Levies) Regulations 2005.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation
  • In these regulations,—

    costs means the costs that the Remuneration Authority incurred in the previous financial year in making determinations under clause 6 of Schedule 7 of the Act

    levy means a levy payable by a local authority in a financial year for the purpose of recovering costs

    Minister means the Minister responsible for the Remuneration Authority

    previous financial year means the financial year before the financial year in which the Minister sets a levy.

4 When regulations apply
  • These regulations apply when the Minister decides to set a levy.

5 Last date for setting levy
  • The Minister must set the levy by the 31 October following the end of the previous financial year.

6 Calculation of levy
  • (1) The Secretary of Labour calculates the levy payable by each local authority.

    (2) The Secretary must use the formula—

    equal share + proportionate share

    (3) The items in the formula are defined in subclauses (4) to (8).

    (4) Equal share is the local authority's equal share of one-half of the costs. The authority's equal share is calculated by dividing one-half of the costs equally among all the authorities to which this subclause applies.

    (5) Subclause (4) does not apply to the Chatham Islands Council.

    (6) Proportionate share is the local authority's proportionate share of the other half of the costs. The authority's proportionate share is calculated by—

    • (a) determining the total of the operating expenditures of authorities to which this subclause applies; and

    • (b) determining the proportion that the operating expenditure of the authority bears to the amount in paragraph (a); and

    • (c) applying the proportion to the half of the costs.

    (7) Subclause (6) does not apply to a local authority whose population is less than 1 000 persons. An authority's population is its population at the most recent of the following dates:

    • (a) the date of the last census of population and dwellings taken by the Government Statistician for which results have been published:

    • (b) the date on which the authority was constituted, if an assessment by the Government Statistician of the population at that date exists:

    • (c) the date of the last alteration of the authority's boundaries, if an assessment by the Government Statistician of the population at that date exists:

    • (d) a date other than a date described in paragraph (b) or (c), if an assessment by the Government Statistician of the population at that date exists.

    (8) For the purposes of subclause (6), the operating expenditure of a local authority is,—

    • (a) for an authority that has the same boundaries as at the commencement of the previous financial year, the amount the Government Statistician publishes as the operating expenditure of the authority for that financial year:

    • (b) for any other authority, the amount that the Government Statistician determines as being a reasonably attributable sum of the operating expenditures in the previous financial year of those local authorities whose district or regions now constitute the district or region of the authority.

    Regulation 6(6): substituted, on 29 September 2011, by regulation 4 of the Local Government (Remuneration Authority Levies) Amendment Regulations 2011 (SR 2011/303).

    Regulation 6(7): substituted, on 29 September 2011, by regulation 4 of the Local Government (Remuneration Authority Levies) Amendment Regulations 2011 (SR 2011/303).

    Regulation 6(8): substituted, on 29 September 2011, by regulation 4 of the Local Government (Remuneration Authority Levies) Amendment Regulations 2011 (SR 2011/303).

7 Last date for paying levy
  • A local authority must pay the levy by the 31 December following the end of the previous financial year.

8 Methods for paying levy
  • A local authority must pay the levy by one of the following methods:

    • (a) a cheque payable to the Department of Labour; or

    • (b) direct credit to the Department of Labour's Crown receipts account.

9 Notification of levy
  • (1) The Secretary of Labour must send a letter to the chief executive of every local authority setting out—

    • (a) the levy calculated for the authority under regulation 6; and

    (2) The Secretary must send the letter before the 14th day after the date on which the Minister publishes a notice under clause 10A(2) of Schedule 7 of the Act.

10 Refund of over-payments
  • (1) This regulation applies when a local authority pays a levy that is higher than that produced by the proper application of the formula in regulation 6.

    (2) The Secretary must refund the over-payment by—

    • (a) deducting all of it from the next levy payable by the authority; or

    • (b) deducting it in stages from the next and later levies payable by the authority.

11 Recovery of under-payments
  • (1) This regulation applies when a local authority pays a levy that is lower than that produced by the proper application of the formula in regulation 6.

    (2) The Secretary may recover the under-payment only if—

    • (a) the Secretary adds it to the levy payable by the authority in a later financial year; and

    • (b) the Minister notifies the authority of the Secretary's intention to do so; and

    • (c) the authority receives the notification before 31 May in the year before the financial year in which the recovery is to be made.

12 Levy for costs incurred in 2003/04 financial year
  • (1) This regulation applies to a levy for costs that the Remuneration Authority incurred in making determinations under clause 6 of Schedule 7 of the Act in the 2003/04 financial year.

    (2) These regulations apply to the levy, except that—

    • (a) instead of applying regulation 5, the Minister must set the levy by 31 May 2005; and

    • (b) instead of applying regulation 7, local authorities must pay the levy by 30 June 2005.

13 Revocation
  • The Local Government (Remuneration Authority Levies) Order 2004 (SR 2004/117) is revoked.

Diane Morcom,
Clerk of the Executive Council.


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

Date of notification in Gazette: 10 March 2005.


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 Local Government (Remuneration Authority Levies) Regulations 2005. The reprint incorporates all the amendments to the regulations as at 29 September 2011, 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)