Local Government Elected Members Determination (No 2) 2008

  • expired
  • Local Government Elected Members Determination (No 2) 2008: expired, on 1 July 2008, by clause 3.

Reprint
as at 1 July 2008

Crest

Local Government Elected Members Determination (No 2) 2008

(SR 2008/101)

  • Local Government Elected Members Determination (No 2) 2008: expired, on 1 July 2008, by clause 3.


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.


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).

Determination

1 Title
  • This determination is the Local Government Elected Members Determination (No 2) 2008.

2 Commencement
  • This determination comes into force, in respect of each of the local authorities and community boards specified in the Schedule, on the day on which the successful candidates in the 2007 local body elections come into office under section 115 of the Local Electoral Act 2001.

3 Expiry
  • This determination expires on the close of 30 June 2008.

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 of the local authority or the community boards that have been formally approved by the Remuneration Authority

    local authority means a district council or city council

    member means,—

    • (a) 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:

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

District councils, city councils, and community boards

5 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 the Schedule; 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.

Resource consent hearing fees

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

    • (a) a hearing arising from a resource consent application under section 88 of the Resource Management Act 1991; or

    • (b) a hearing arising from a notice of requirement given under section 168 of the Resource Management Act 1991; or

    • (c) a formal pre-hearing meeting held as a preliminary step before a hearing referred to in paragraph (a) or (b); or

    • (d) a hearing relating to a private change in a district or regional plan or policy statement initiated under clause 21 of Schedule 1 of the Resource Management Act 1991; or

    • (e) a mediation hearing in the Environment Court as part of an appeal from a decision of a local authority; or

    • (f) a hearing on an objection against a charge fixed by the local authority under section 36 of the Resource Management Act 1991.

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

    • (a) a hearing of submissions as part of the process of preparation of a district or regional plan or policy statement; or

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

    • (c) a hearing relating to a notice of requirement initiated by the local authority; or

    • (d) any other hearing not specified in subclause (1).

7 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 time spent by a member—

      • (i) in formal committee deliberations; and

      • (ii) at a formal pre-hearing meeting under section 99 of the Resource Management Act 1991; and

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

      • (iv) 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.

8 Amount of resource consent hearing fee
  • (1) Subject to clause 9, 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 a 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.

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

Expenses

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

    • (a) its members; and

    • (b) the members of community boards situated within its district.

11 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 for that local authority or its community boards.

Allowances

12 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) the members of community boards situated within its district.

13 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) 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.

14 When remuneration, expenses, and allowances payable
  • (1) The remuneration, expenses, and allowances payable to the members of a district council, city council, or community board under this determination are payable on and from the dates specified in the Schedule.

    (2) Between the commencement of this determination and the dates on which remuneration, expenses, and allowances are payable under this determination, members of a district council, city council, or community board must be paid remuneration, expenses, and allowances as if this determination had not yet come into force.

15 Amendment of interim determination

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

cls 5, 14

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.

Buller District Council
OfficeAnnual salary
($)
 Effective from
Mayor55,165 16 October 2007
Deputy Mayor18,451 24 October 2007
Councillor13,444 16 October 2007
Meeting fees   
N/A   
Mayoral car   
N/A   
Inangahua Community Board
OfficeAnnual salary
($)
 Effective from
ChairNil*  
Member1,711 16 October 2007
*Position filled by councillor, no additional remuneration is payable.
Horowhenua District Council
OfficeAnnual salary
($)
 Effective from
Mayor67,789 21 October 2007
Deputy Mayor25,287 24 October 2007
Chair, Hearings Committee25,287 31 October 2007
Councillor17,439 21 October 2007
Councillor (elected unopposed) (1)17,439 13 October 2007
Meeting fees   
N/A   
Mayoral car   
N/A   
Foxton Community Board
OfficeAnnual salary
($)
 Effective from
Chair14,474 24 October 2007
Member4,883 21 October 2007
Ruapehu District Council
OfficeAnnual salary
($)
 Effective from
Mayor60,273 24 October 2007
Deputy Mayor9,651 2 November 2007
Committee Chair (4)7,103 2 November 2007
Councillor4,633 24 October 2007
Meeting feesDescription
$133Per day, in accordance with Council policy as approved by the Remuneration Authority
The maximum amount of meeting fees payable in accordance with this schedule to all elected councillors in respect of the period from 24 October 2007 to 30 June 2008 must not exceed $80,000.
Mayoral car 
N/A 
National Park Community Board
OfficeAnnual salary
($)
 Effective from
Chair2,702 27 November 2007
Member1,939 24 October 2007
Waimarino–Waioruru Community Board
OfficeAnnual salary
($)
 Effective from
ChairNil*  
Member1,939 24 October 2007
*Position filled by councillor, no additional remuneration is payable.
Thames–Coromandel District Council
OfficeAnnual salary
($)
 Effective from
Mayor69,348 21 October 2007
Deputy Mayor31,976 31 October 2007
Committee Chair (3)30,010 27 November 2007
Councillor25,994 21 October 2007
Meeting fees   
N/A   
Mayoral car   
Full private use   
Coromandel/Colville Community Board
Mercury Bay Community Board
OfficeAnnual salary
($)
 Effective from
Chair9,504 13 November 2007
Member5,574 21 October 2007
Tairua/Pauanui Community Board
OfficeAnnual salary
($)
 Effective from
ChairNil*  
Member5,574 21 October 2007
*Position filled by councillor, no additional remuneration is payable.
Thames Community Board
OfficeAnnual salary
($)
 Effective from
Chair9,504 12 November 2007
Member5,574 21 October 2007
Whangamata Community Board
OfficeAnnual salary
($)
 Effective from
Chair9,504 7 November 2007
Member5,574 21 October 2007
Whakatane District Council
OfficeAnnual salary
($)
 Effective from
Mayor73,224 24 October 2007
Deputy Mayor29,280 25 October 2007
Committee Chair, Hearings26,795 21 November 2007
Councillor22,482 24 October 2007
Meeting fees   
N/A   
Mayoral car   
N/A   
Edgecumbe–Tarawera Community Board
OfficeAnnual salary
($)
 Effective from
Chair5,600 15 November 2007
Member2,200 24 October 2007
Member (elected unopposed) (5)2,200 13 October 2007
Murupara Community Board
OfficeAnnual salary
($)
 Effective from
ChairNil*  
Member2,200 24 October 2007
Member (elected unopposed) (1)2,200 13 October 2007
*Position filled by councillor, no additional remuneration is payable.
Ohope Beach Community Board
OfficeAnnual salary
($)
 Effective from
Chair5,600 8 November 2007
Member (elected unopposed) (2)2,200 13 October 2007
Member (elected by-election)2,200 15 February 2008
Taneatua Community Board
OfficeAnnual salary
($)
 Effective from
Chair5,600 13 November 2007
Member2,200 24 October 2007
Whakatane Community Board
OfficeAnnual salary
($)
 Effective from
Chair5,600 14 November 2007
Member2,200 24 October 2007

Dated at Wellington this 8th day of April 2008.

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.

This determination is concerned with 5 local authorities not covered by the other current local government elected members determinations (SR 2007/391 and SR 2008/19). This determination covers the period after the 2007 local government elections up to and including 30 June 2008.

The effective dates for the payments of salaries reflect 1 or more of the following considerations:

  • the official declaration of results for each council:

  • the dates on which specified office holders were formally appointed to their positions:

  • any change by councils to eliminate meeting fees:

  • any increase or reduction in the number of councillors:

  • any increase or reduction in the number of community boards:

  • in the case of chairs and mayors, changes to the provision of vehicles or to the use of vehicles provided.


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

Date of notification in Gazette: 10 April 2008.


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 Elected Members Determination (No 2) 2008. The reprint incorporates all the amendments to the Local Government Elected Members Determination (No 2) 2008 as at 1 July 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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/legislation/reprints.shtml or Part 8 of the Tables of 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)