Local Government Elected Members Determination 2006

  • expired
  • Local Government Elected Members Determination 2006: expired, on 30 June 2007, by clause 3.

Local Government Elected Members Determination 2006

(SR 2006/154)

  • Local Government Elected Members Determination 2006: expired, on 30 June 2007, by clause 3.

Pursuant to clause 6 of Schedule 7 of the Local Government Act 2002 and to the Remuneration Authority Act 1977, the Remuneration Authority makes the following determination (to which is appended an explanatory memorandum).

1 Title
  • This determination is the Local Government Elected Members Determination 2006.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

2 Commencement
  • This determination comes into force on 1 July 2006.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

3 Expiry
  • This determination expires on 30 June 2007.

4 Interpretation
  • In this determination, unless the context otherwise requires,—

    city council means a city council named in Part 2 of Schedule 2 of the Act

    community board means a community board established under section 49 of the Act

    district council means a district council named in Part 2 of Schedule 2 of the Act

    expenses rules means a local authority's rules for paying expenses to a member that have been approved by the Remuneration Authority

    local authority means a regional council, district council, or city council

    member means—

    • (a) in relation to a regional council, a chairperson or other member of the regional council:

    • (b) in relation to a district council or city council, as the case may be, a mayor or other member of the district council or city council:

    • (c) in relation to a community board, a chairperson or other member of the community board

    regional council means a regional council named in Part 1 of Schedule 2 of the Act.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

Regional councils

5 Remuneration, expenses, and allowances payable to members of regional councils
  • (1) Subject to the other provisions of this determination, the remuneration, expenses, and allowances payable to the members of a regional council are—

    • (a) those set out in Schedule 1; and

    • (b) actual and reasonable expenses and allowances as outlined in council policy and as formally approved by the Remuneration Authority, but subject to the provisions of this determination; and

    • (c) resource consent hearing fees payable in accordance with this determination.

    (2) However, the chairperson of a regional council must not be paid resource consent hearing fees or meeting fees, unless the payment is first approved by the Remuneration Authority.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

District councils, city councils, and community boards

6 Remuneration, expenses, and allowances of elected members of district councils, city councils, or community boards
  • (1) Subject to the other provisions of this determination, the remuneration, expenses, and allowances payable to the elected members of a district council, city council, or community board are—

    • (a) those set out in Schedule 2; and

    • (b) actual and reasonable expenses and allowances as outlined in council policy and as formally approved by the Remuneration Authority, but subject to the provisions of this determination; and

    • (c) resource consent hearing fees payable in accordance with this determination.

    (2) However, the mayor of a district council or city council must not be paid resource consent hearing fees or meeting fees unless the payment is first approved by the Remuneration Authority.

    (3) A member of a community board is not entitled to be paid a meeting fee, other than—

    • (a) a resource consent hearing fee; or

    • (b) a meeting fee paid in accordance with the rules of the relevant council that have been approved by the Remuneration Authority.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

Resource consent hearing fees

7 Meaning of resource consent hearing
  • (1) In this determination, resource consent hearing means—

    • (b) a formal pre-hearing meeting held as a preliminary step before a resource consent hearing; or

    • (c) a hearing relating to a private change or variation in a district or regional plan or policy statement; or

    • (d) a mediation hearing in the Environment Court as part of an appeal from a decision of a local authority.

    (2) In this determination, resource consent hearing does not include—

    • (a) a hearing relating to a change or variation in a district or regional plan or policy statement initiated by the local authority; or

    • (b) a hearing relating to a designation or heritage order

    under Part 8 of the Resource Management Act 1991; or

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

8 Meaning of hearing time
  • (1) In this determination, hearing time

    • (a) means the time spent by a member in hearing a resource consent hearing; and

    • (b) includes—

      • (i) time spent in formal committee deliberations; and

      • (iii) time spent at a formal site inspection as part of a group inspection or as part of a pre-hearing meeting; and

      • (iv) time spent in determining a notified resource consent application where a formal hearing does not take place.

    (2) In this determination, hearing time does not include time spent by a member—

    • (a) in preparing for a resource consent hearing; or

    • (b) in inspecting a site, except where subclause (1)(b)(iii) applies.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

9 Amount of resource consent hearing fee
  • (1) Subject to clause 10, a member who acts as the chairperson of a resource consent hearing is entitled to be paid a fee of $85 per hour of hearing time.

    (2) A member who is not the chairperson of the resource consent hearing is entitled to be paid a fee of $68 per hour of hearing time.

    (3) For any period of hearing time of less than 1 hour, the fee must be apportioned accordingly.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

10 Fee for pre-hearing meeting
  • A resource consent fee for a formal pre-hearing meeting held as a preliminary step before a resource consent hearing may be paid only to 1 member.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

Expenses

11 Expenses may be reimbursed in accordance with rules approved by Remuneration Authority
  • A local authority may reimburse expenses in accordance with expenses rules approved by the Remuneration Authority to the following persons:

    • (a) its members; and

    • (b) in the case of a district council or a city council, the members of community boards situated within its district.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

12 Public may inspect expenses rules
  • A local authority must allow a member of the public, during the hours that the local authority is open to the public, to inspect a copy of its expenses rules approved by the Remuneration Authority for that local authority or its community boards.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

Allowances

13 Allowances may be paid in accordance with rules approved by Remuneration Authority
  • A local authority may pay allowances in accordance with rules approved by the Remuneration Authority to the following persons:

    • (a) its members; and

    • (b) in the case of a district council or a city council, the members of community boards situated within its district.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

14 Vehicle mileage allowance
  • (1) A local authority may pay a vehicle mileage allowance in accordance with this clause to the following persons if they are not otherwise provided with a vehicle by the local authority:

    • (a) its members; and

    • (b) in the case of a district council or city council, the members of community boards situated within its district.

    (2) The local authority may pay a vehicle mileage allowance for travel by the member, including travel to and from the member's residence, if the travel is—

    • (a) in his or her own vehicle; and

    • (b) on the local authority's business; and

    • (c) by the most direct route reasonable in the circumstances.

    (3) The maximum amount of the allowance is $0.70 per kilometre.

    This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.


Schedule 1
Remuneration, expenses, and allowances of elected members of regional councils

cl 5

  • This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

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  • The item headed Bay of Plenty Regional Council was substituted, as from 1 July 2006, by clause 4(1) Local Government Elected Members Determination 2006 Amendment Determination 2006 (SR 2006/288).

  • The item headed Canterbury Regional Council was amended, as from 1 July 2006, by clause 4(2) Local Government Elected Members Determination 2006 Amendment Determination 2006 (SR 2006/288) by substituting the item under the headings Office and Annual allowance ($).

Schedule 2
Remuneration, expenses, and allowances of elected members of district councils, city councils, and community boards

cl 6

  • This Determination expired, as from the close of 30 June 2007, pursuant to clause 3 of this Determination.

The Council salary and any meeting fees allocated to councillors who have been appointed to a community board incorporate remuneration for both roles. These members are not entitled to any additional remuneration.

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  • The item headed Buller District Council was substituted, as from 26 July 2006, by clause 5(1) Local Government Elected Members Determination 2006 Amendment Determination 2006 (SR 2006/288).

  • The item headed Central Otago District Council was amended, as from 1 July 2006, by clause 5(2)(a) Local Government Elected Members Determination 2006 Amendment Determination 2006 (SR 2006/288) by substituting the expression $85 for the expression $70.

  • The item headed Central Otago District Council was amended, as from 1 July 2006, by clause 5(2)(b) Local Government Elected Members Determination 2006 Amendment Determination 2006 (SR 2006/288) by substituting the expression $43,300 for the expression $33,105.

  • The item headed Wanganui District Council was amended, as from 1 July 2006, by clause 5(3)(a) Local Government Elected Members Determination 2006 Amendment Determination 2006 (SR 2006/288) by substituting the words Committee Chair (8) for the words Committee Chair (5).

  • The item headed Wanganui District Council was amended, as from 1 July 2006, by clause 5(3)(b) Local Government Elected Members Determination 2006 Amendment Determination 2006 (SR 2006/288) by substituting the words Deputy Committee Chair (3) for the words Deputy Committee Chair (6).

Dated at Wellington this 19th day of June 2006.

David Oughton,

Chairman.

A Foulkes,

Member.

M Wintringham,

Member.

Explanatory memorandum

This memorandum is not part of the determination, but is intended to indicate its general effect.

A provision in the Local Government Act 2002 gives the Remuneration Authority responsibility for setting the remuneration of elected local government representatives.

The legislation requires the Authority to have regard to the need to—

  • minimise the potential for types of remuneration to distort the behaviour of the elected member:

  • achieve and maintain fair relativity with levels of remuneration received elsewhere:

  • be fair both to the elected members and ratepayers:

  • attract and retain competent persons.

In order to meet its statutory obligations, and in particular to achieve transparency, fairness, and consistency between members, the Authority established appropriate models to assist in determining the cost of governance and representation for each local and regional authority. The models utilised adopted 4 criteria that are transparent and readily verifiable from published data, namely—

  • population:

  • operational expenditure:

  • assets controlled:

  • rate of population change.

The application of these models results in an indicative pool of money notionally attributable to each local and regional authority. These indicative pools are used by the Authority to assist in ultimately determining the remuneration for each elected member.

This determination uses indicative pool totals derived from audited annual accounts for the year ended 30 June 2005 and population figures as at the same date.

Local and regional authority members carry out their responsibilities on a diverse basis. In order to assist the Authority to recognise that diversity, councils and members are given the opportunity of proposing to the Authority remuneration levels appropriate for the responsibilities of each position within the council and its community boards. The Authority then determines the remuneration for each member after considering the council recommendations, any dissenting views, or other factors.

The Authority also determines allowances and expenses. The rules governing these are determined by the Authority and must be available for public scrutiny at each council.


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

Date of notification in Gazette: 22 June 2006.