Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011

2011/204

Coat of Arms of New Zealand

Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011

Pursuant to clause 6 of Schedule 7 of the Local Government Act 2002 and 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 (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011.

2  Commencement
  • This determination is deemed to have come into force on the same day as the principal determination came into force.

3  Principal determination amended
4  Interpretation
  • (1) Clause 4 is amended by revoking the definitions of elected member and expenses rules.

    (2) Clause 4 is amended by inserting the following definition in its appropriate alphabetical order:

    member,—

    • (a) in relation to the Auckland Council, means—

      • (i) a person who has been declared to be elected under the Local Electoral Act 2001 as the mayor of Auckland or other member of the governing body of the Auckland Council; and

      • (ii) a person who, as the result of further election or appointment under that Act, the Local Government Act 2002, or the Local Government (Auckland Council) Act 2009, is an office holder in relation to the Auckland Council (for example, as chairperson of a committee of the council):

    • (b) in relation to a local board, means—

      • (i) a person who has been declared to be elected as a member of that local board under the Local Electoral Act 2001; and

      • (ii) a person who, as the result of further election or appointment under that Act, the Local Government Act 2002, or the Local Government (Auckland Council) Act 2009, is an office holder in relation to the board (for example, as chairperson of the board).

5  New clause 5 substituted
  • Clause 5 is revoked and the following clause substituted:

    5 Remuneration, expenses, and allowances payable to members of Auckland Council
    • (1) The remuneration, expenses, and allowances payable to the members of the Auckland Council are—

      • (a) the remuneration set out in Schedule 1; and

      • (b) the expenses and allowances payable in accordance with clauses 9 to 13; and

      • (c) the resource consent hearing fees payable in accordance with clause 14; and

      • (d) to members other than the mayor, the deputy mayor, and members who are chairpersons of committees of the whole, an establishment allowance of $4,667.

      (2) A member of the Auckland Council is not entitled to be paid a meeting fee other than a resource consent hearing fee.

      (3) Despite subclause (2), the mayor of Auckland is not entitled to be paid a resource consent hearing fee.

6  New clause 6 substituted
  • Clause 6 is revoked and the following clause substituted:

    6 Remuneration, expenses, and allowances payable to members of local boards
    • (1) The remuneration, expenses, and allowances payable to the members of local boards are—

      • (a) the remuneration set out in Schedule 2; and

      • (b) the expenses and allowances payable in accordance with clauses 9 to 13; and

      • (c) the resource consent hearing fees payable in accordance with clause 14.

      (2) A member of a local board is not entitled to be paid a meeting fee other than a resource consent hearing fee.

7  Meaning of resource consent hearing
  • Clause 7(1) is amended by revoking paragraphs (c) and (d) and substituting the following paragraphs:

    • (c) a pre-hearing meeting held under section 99 of the Resource Management Act 1991 in relation to 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 requested under clause 21 of Schedule 1 of the Resource Management Act 1991; or.

8  New clause 8 substituted
  • Clause 8 is revoked and the following clause substituted:

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

      • (a) means the time spent by a member hearing a matter referred to in clause 7(1); and

      • (b) includes the time spent by a member—

        • (i) at any formal committee deliberations in relation to a resource consent hearing; and

        • (ii) at a formal site inspection as part of a group inspection or a part of a pre-hearing meeting described in clause 7(1)(c); and

        • (iii) determining a notified resource consent application where a formal hearing does not take place.

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

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

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

9  New headings and clauses 9 to 14 substituted
  • Clauses 9 to 14 and the headings above clauses 10 and 12 are revoked and the following headings and clauses substituted:

    Expenses

    9 Expenses may be reimbursed in accordance with rules determined by Remuneration Authority
    • (1) The Auckland Council may reimburse members for expenses in accordance with rules determined by the Remuneration Authority.

      (2) The Auckland Council may reimburse the members of its local boards for expenses in accordance with rules determined by the Remuneration Authority.

      (3) The Auckland Council must, during the hours that its offices are open to the public, allow members of the public to inspect the rules described in subclauses (1) and (2).

    Allowances

    10 Vehicle mileage allowance
    • (1) The Auckland Council may pay a member or a member of a local board a vehicle mileage allowance for travel by the member on a day, but only if—

      • (a) the member is not otherwise provided with a vehicle by the Council; and

      • (b) the distance travelled by the member on the day exceeds the threshold distance; and

      • (c) the travel is—

        • (i) in a private vehicle; and

        • (ii) on the Council's business; and

        • (iii) by the most direct route that is reasonable in the circumstances.

      (2) The vehicle mileage allowance payable to a member in respect of a day is payable only for that part of the member's travel that exceeds the threshold distance.

      (3) The maximum vehicle mileage allowance payable to a member in a 12-month period (pro-rated for the period of this determination) is—

      • (a) $0.70 per kilometre for the first 5 000 kilometres:

      • (b) $0.35 per kilometre for any distance over 5 000 kilometres.

      (4) In this clause,—

      on the Council's business includes—

      • (a) on the business of any local board of the Auckland Council; and

      • (b) travel to and from a member's residence to the offices of the Auckland Council or a local board

      threshold distance means the distance set by the Auckland Council, which must not be less than 30 kilometres.

    11 Travel time allowance
    • (1) The Auckland Council may pay a member or a member of a local board a travel time allowance for travel by the member on a day, but only if—

      • (a) the travel time of the member on the day exceeds the threshold time; and

      • (b) the travel is on the Council's business; and

      • (c) the travel is by the quickest form of transport reasonable in the circumstances; and

      • (d) the office of the member cannot be properly regarded as a full-time position.

      (2) The travel time allowance payable to a member in respect of a day is payable only for that part of the member's travel that exceeds the threshold time.

      (3) The maximum amount payable is $15 per hour.

      (4) In this clause,—

      on the Council's business includes—

      • (a) on the business of any local board of the Auckland Council; and

      • (b) travel to and from a member's residence to the offices of the Auckland Council or a local board

      threshold time means the time set by the Auckland Council, which must not be less than 2 hours.

    12 Communications allowance
    • (1) The Auckland Council may pay a communications allowance to members and members of its local boards for expenses relating to 1 or more of the following:

      • (a) a mobile telephone:

      • (b) a computer or ancillary equipment:

      • (c) an Internet connection.

      (2) The maximum amount of the allowance is $500 for each member for the period of this determination.

      (3) However, the allowance is not payable to a member to the extent that the Auckland Council provides him or her with—

      • (a) the use of a mobile telephone; or

      • (b) the use of a computer and ancillary equipment; or

      • (c) an Internet connection.

    13 Other allowances may be paid in accordance with rules determined by Remuneration Authority
    • (1) The Auckland Council may pay allowances other than those set out in clauses 10 to 12 to members and members of its local boards in accordance with rules determined by the Remuneration Authority.

      (2) The Auckland Council must, during the hours that its offices are open to the public, allow members of the public to inspect the rules described in subclause (1).

    Resource consent hearing fees

    14 Fees for attending resource consent hearing
    • (1) A member of the Auckland Council or one of its local boards 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 of the Auckland Council or one of its local boards 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 that is less than 1 hour, the fee must be apportioned accordingly.

      (4) Despite subclauses (1) and (2), a resource consent hearing fee for a pre-hearing meeting held under section 99 of the Resource Management Act 1991 is payable to only 1 member.

      (5) Despite subclauses (1) and (2), resource consent hearing fees are not payable to the mayor or the chairperson of a local board.

10  New Schedules 1 and 2 substituted
  • Schedules 1 and 2 are revoked and the schedules set out in the Schedule of this determination are substituted.


Schedule
New Schedules 1 and 2 substituted

cl 10

Schedule 1
Remuneration of members of Auckland Council

cl 5(1)(a)

OfficeAnnual salary ($)
Mayor of Auckland240,000
Deputy Mayor of Auckland120,000
Chair of committees of the whole (3)96,000
Councillor (16)80,000

Schedule 2
Remuneration of members of local boards

cl 6(1)(a)

Albert–Eden Local Board

OfficeAnnual salary ($)
Chairperson70,000
Deputy Chairperson52,200
Member36,200

Devonport–Takapuna Local Board

OfficeAnnual salary ($)
Chairperson57,800
Deputy Chairperson46,800
Member34,800

Franklin Local Board

OfficeAnnual salary ($)
Chairperson58,100
Deputy Chairperson51,600
Member33,600

Great Barrier Local Board

OfficeAnnual salary ($)
Chairperson38,900
Deputy Chairperson30,100
Member20,100

Henderson–Massey Local Board

OfficeAnnual salary ($)
Chairperson73,500
Deputy Chairperson52,900
Member36,900

Hibiscus and Bays Local Board

OfficeAnnual salary ($)
Chairperson66,700
Deputy Chairperson51,600
Member35,600

Howick Local Board

OfficeAnnual salary ($)
Chairperson78,400
Deputy Chairperson55,100
Member37,100

Kaipatiki Local Board

OfficeAnnual salary ($)
Chairperson65,700
Deputy Chairperson51,400
Member35,400

Mangere–Otahuhu Local Board

OfficeAnnual salary ($)
Chairperson63,200
Deputy Chairperson49,400
Member35,400

Manurewa Local Board

OfficeAnnual salary ($)
Chairperson65,900
Deputy Chairperson51,400
Member35,400

Maungakiekie–Tamaki Local Board

OfficeAnnual salary ($)
Chairperson62,300
Deputy Chairperson49,200
Member35,200

Orakei Local Board

OfficeAnnual salary ($)
Chairperson65,000
Deputy Chairperson49,800
Member35,800

Otara–Papatoetoe Local Board

OfficeAnnual salary ($)
Chairperson64,700
Deputy Chairperson49,700
Member35,700

Papakura Local Board

OfficeAnnual salary ($)
Chairperson53,400
Deputy Chairperson45,700
Member33,700

Puketapapa Local Board

OfficeAnnual salary ($)
Chairperson57,400
Deputy Chairperson46,700
Member34,700

Rodney Local Board

OfficeAnnual salary ($)
Chairperson54,800
Deputy Chairperson51,000
Member33,000

Upper Harbour Local Board

OfficeAnnual salary ($)
Chairperson54,900
Deputy Chairperson46,100
Member34,100

Waiheke Local Board

OfficeAnnual salary ($)
Chairperson40,500
Deputy Chairperson30,800
Member20,800

Waitakere Ranges Local Board

OfficeAnnual salary ($)
Chairperson54,900
Deputy Chairperson46,100
Member34,100

Waitemata Local Board

OfficeAnnual salary ($)
Chairperson61,300
Deputy Chairperson49,000
Member35,000

Whau Local Board

OfficeAnnual salary ($)
Chairperson63,500
Deputy Chairperson49,500
Member35,500

Dated at Wellington this 31st day of May 2011.

John Errington,
Chairman.

A Foulkes,
Member.

D Morcom,
Member.


Explanatory memorandum

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

This determination amends the Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 (the principal determination) and is deemed to have come into force on the same day as that determination. The principal determination, which was made under the Local Government (Tamaki Makaurau Reorganisation) Act 2009 (that is, before the Auckland Council was established) but continued under section 87 of the Local Government (Auckland Transitional Provisions) Act 2010, sets out the remuneration, expenses, and allowances for the mayor of Auckland, the Auckland councillors, and the chairpersons and members of the 21 local boards established under the new local government structure for Auckland.

As indicated in the principal determination, the Authority consulted on additional remuneration for some members to reflect additional responsibilities. After consultation, the Authority decided the following matters, which are reflected in the amendments made by this determination to the principal determination:

  • the remuneration of the mayor of Auckland and the chairpersons of local boards is unchanged:

  • in the case of the governing body, to recognise, by increased remuneration, the positions of deputy mayor and chair of committees of the whole. The Auckland Council was unable to identify any variation in responsibility among other councillors, but requested that a payment be made equally among the remaining council members. Mindful of its commitment in the principal determination to undertake a full review of Auckland Council and local board remuneration during the 2011/2012 financial year, the Authority declined to increase the salary component of councillors until this has taken place. It did, however, agree that the additional duties undertaken by councillors during the establishment period be recognised by an annual allowance. This allowance will be continued for the 2011/2012 financial year. After the setting of remuneration post the review to be undertaken, the allowance will cease in the 2012 year:

  • in the case of local boards, the Authority also sought recommendations for remuneration for those board members who were required to undertake additional duties. The response of boards varied, with some refusing to make recommendations, some seeking to remunerate all board members additionally, and some establishing a deputy chairperson position. The Authority has determined that it will set a rate for a deputy chairperson of each board to reflect the expected additional responsibilities of such a position. Where a local board determined not to appoint a deputy chairperson, the payment lapses.

Additionally, this determination includes provision for mileage, travel time, and communications allowances that mirror those promulgated for all other local authorities.


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

Date of notification in Gazette: 2 June 2011.