Local Government Elected Members (2010/11) (Certain Local Authorities) Determination (No 2) 2011

  • expired
  • Local Government Elected Members (2010/11) (Certain Local Authorities) Determination (No 2) 2011: expired, on 1 July 2011, by clause 3.

Reprint
as at 1 July 2011

Coat of Arms of New Zealand

Local Government Elected Members (2010/11) (Certain Local Authorities) Determination (No 2) 2011

(SR 2011/205)

  • Local Government Elected Members (2010/11) (Certain Local Authorities) Determination (No 2) 2011: expired, on 1 July 2011, 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 (2010/11) (Certain Local Authorities) Determination (No 2) 2011.

2  Commencement
  • (1) This determination is deemed to have come into force for each member of the Southland Regional Council on the date in the third column of Schedule 1 that corresponds to the office the member holds as described in the first column of that schedule.

    (2) This determination is deemed to have come into force for each member of a territorial authority on the date in the third column of Schedule 2 that corresponds to the office the member holds as described in the first column of that schedule.

    (3) This determination is deemed to have come into force for each member of a community board on the date in the third column of Schedule 2 that corresponds to the office the member holds as described in the first column of that schedule.

3  Expiry
  • This determination expires on the close of 30 June 2011.

Interpretation

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

    community board means a community board of a territorial authority

    hearing time has the meaning given by clause 6

    local authority means the Southland Regional Council or a territorial authority

    member,—

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

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

    • (b) in relation to a territorial authority, means—

      • (i) a person who has been declared to be elected under the Local Electoral Act 2001 as the mayor or other member of a city council or district council; and

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

    • (c) in relation to a community board, means—

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

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

    Remuneration Authority or Authority means the Remuneration Authority established by section 4(1) of the Remuneration Authority Act 1977

    resource consent hearing has the meaning given by clause 5

    resource consent hearing fee means a fee payable in accordance with clause 14 for attending a resource consent hearing

    territorial authority means the following territorial authorities named in Part 2 of Schedule 2 of the Local Government Act 2002:

    • (a) Christchurch City Council:

    • (b) Hutt City Council:

    • (c) Kaipara District Council:

    • (d) Otorohanga District Council:

    • (e) South Wairarapa District Council:

    • (f) Stratford District Council:

    • (g) Taupo District Council:

    • (h) Thames–Coromandel District Council:

    • (i) Whakatane District Council.

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

    • (a) a hearing arising from a resource consent application made under section 88 of the RMA:

    • (b) a hearing arising from a notice of requirement given under section 168 of the RMA:

    • (c) a pre-hearing meeting held under section 99 of the RMA in relation to a hearing referred to in paragraph (a) or (b):

    • (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 RMA:

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

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

    (2) To avoid doubt, in this determination, resource consent hearing does not mean—

    • (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 requested 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).

6  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 5(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 as part of a pre-hearing meeting described in clause 5(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.

Remuneration, expenses, and allowances payable to members of Southland Regional Council

7  Remuneration, expenses, and allowances payable to members of Southland Regional Council
  • (1) The remuneration, expenses, and allowances payable to the members of the Southland Regional Council are—

    • (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) Meeting fees payable as remuneration to members of the Southland Regional Council in accordance with Schedule 1 are payable subject to—

    • (a) any conditions set out in that schedule; and

    • (b) any rules determined by the Remuneration Authority.

    (3) Despite subclause (2), meeting fees are not payable to the chairperson of the Southland Regional Council unless the Remuneration Authority grants an exception to this prohibition.

    (4) In considering whether to grant an exception, the Remuneration Authority must consider—

    • (a) whether the office of chairperson can be properly regarded as a full-time position; and

    • (b) the availability of other experienced parties to fulfil the requirements of the role; and

    • (c) the time commitment involved.

    (5) The Southland Regional 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 (2)(b).

Remuneration, expenses, and allowances payable to members of territorial authorities and community boards

8  Remuneration, expenses, and allowances payable to members of territorial authorities and community boards
  • (1) The remuneration, expenses, and allowances payable to the members of a territorial authority and its community boards are—

    • (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) Meeting fees payable as remuneration to members of a territorial authority and its community boards in accordance with Schedule 2 are payable subject to—

    • (a) any conditions set out in that schedule; and

    • (b) any rules determined by the Remuneration Authority.

    (3) Despite subclause (1), a member of a territorial authority who is appointed to a community board is not entitled to be remunerated for both positions. Instead, the remuneration for the member set out in Schedule 2 includes both the salary and meeting fees payable to the member for holding both offices.

    (4) Despite subclause (2), meeting fees are not payable to the mayor of a territorial authority unless the Remuneration Authority grants an exception to this prohibition.

    (5) In considering whether to grant an exception, the Remuneration Authority must consider—

    • (a) whether the office of mayor can be properly regarded as a full-time position; and

    • (b) the availability of other experienced parties to fulfil the requirements of the role; and

    • (c) the time commitment involved.

    (6) The territorial authority must, during the hours that its offices are open to the public, allow members of the public to inspect the rules described in subclause (2)(b).

Expenses

9  Expenses may be reimbursed in accordance with rules determined by Remuneration Authority
  • (1) A local authority may reimburse members for expenses in accordance with rules determined by the Remuneration Authority.

    (2) A territorial authority may reimburse the members of its community boards for expenses in accordance with rules determined by the Remuneration Authority.

    (3) The local authority 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) A local authority may pay a member or a member of a community 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 local authority; 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 local authority'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 the 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 local authority's business includes travel to and from a member's residence to the offices of the local authority

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

11  Travel time allowance
  • (1) A local authority may pay a member or a member of a community 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 local authority'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 local authority's business includes travel to and from a member's residence to the offices of the local authority

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

12  Communications allowance
  • (1) A local authority may pay a communications allowance to members and members of its community 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 local authority 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) A local authority may pay allowances other than those set out in clauses 10 to 12 to members and members of its community boards in accordance with rules determined by the Remuneration Authority.

    (2) The local authority 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 a local authority or one of its community 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 a local authority or one of its community 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 RMA is payable to only 1 member.

    (5) Despite subclauses (1) and (2), resource consent hearing fees are not payable to the chairperson of the Southland Regional Council or the mayor of a territorial authority unless the Remuneration Authority grants an exception to this prohibition.

    (6) In considering whether to grant an exception, the Remuneration Authority must consider—

    • (a) whether the office of chairperson of the Southland Regional Council or mayor of a territorial authority can be properly regarded as a full-time position; and

    • (b) the availability of other experienced parties to fulfil the requirements of the role; and

    • (c) the time commitment involved.


Schedule 1
Remuneration of members of Southland Regional Council

cls 2, 7

Office Annual salary ($) Commencement date
Chair 81,593 29 October 2010
Council Deputy Chair/Chair, Environmental and Management Committee 36,912 29 October 2010
Committee Chair 31,991 29 October 2010
Councillor 24,609 16 October 2010
Councillor (elected unopposed) (3) 24,609 9 October 2010
Meeting fees 
N/A 
Chair car 

Full private use

 

Schedule 2
Remuneration of members of territorial authorities and their community boards

cls 2, 8

Christchurch City Council
Office Annual salary ($) Commencement date
Mayor 159,527 16 October 2010
Deputy Mayor 99,571 22 October 2010
Councillor 86,249 16 October 2010
Meeting fees 
N/A 
Mayoral car 
Full private use 
Akaroa/Wairewa Community Board
Office Annual salary ($) Commencement date
Chair 16,018 2 November 2010
Member (except members who are councillors, in which case no remuneration payable) 11,216 16 October 2010
Burwood/Pegasus Community Board
Office Annual salary ($) Commencement date
Chair 24,270 1 November 2010
Member (except members who are councillors, in which case no remuneration payable) 16,989 16 October 2010
Fendalton/Waimairi Community Board
Riccarton/Wigram Community Board
Spreydon/Heathcote Community Board
Office Annual salary ($) Commencement date
Chair 24,270 2 November 2010
Member (except members who are councillors, in which case no remuneration payable) 16,989 16 October 2010
Hagley/Ferrymead Community Board
Office Annual salary ($) Commencement date
Chair 24,270 3 November 2010
Member (except members who are councillors, in which case no remuneration payable) 16,989 16 October 2010
Lyttelton/Mt Herbert Community Board
Office Annual salary ($) Commencement date
Chair 16,018 3 November 2010
Member (except members who are councillors, in which case no remuneration payable) 11,216 16 October 2010
Shirley/Papanui Community Board
Office Annual salary ($) Commencement date
Chair 24,270 29 October 2010
Member (except members who are councillors, in which case no remuneration payable) 16,989 16 October 2010
Hutt City Council
Office Annual salary ($) Commencement date
Mayor 110,730 18 October 2010
Deputy Mayor 55,634 26 October 2010
Committee Chair (4) 48,958 9 November 2010
Councillor 42,572 18 October 2010
Meeting fees 
N/A 
Mayoral car 
Full private use 
Eastbourne Community Board
Office Annual salary ($) Commencement date
Chair 11,320 23 November 2010
Member (except members who are councillors, in which case no remuneration payable) 6,096 9 October 2010
Petone Community Board
Office Annual salary ($) Commencement date
Chair 11,320 22 November 2010
Member (except members who are councillors, in which case no remuneration payable) 6,096 18 October 2010
Wainuiomata Community Board
Office Annual salary ($) Commencement date
Chair 11,320 24 November 2010
Member (except members who are councillors, in which case no remuneration payable) 6,096 18 October 2010
Kaipara District Council
Office Annual salary ($) Commencement date
Mayor 72,600 21 October 2010
Deputy Mayor 31,005 27 October 2010
Councillor 25,731 21 October 2010
Meeting fees 
N/A 
Mayoral car 
N/A 
Otorohanga District Council
Office Annual salary ($) Commencement date
Mayor 58,500 9 October 2010
*Deputy Mayor 26,086 26 October 2010
*Councillor/appointed member, Otorohanga Community Board (2) 19,367 26 October 2010
*Councillor/appointed member, Kawhia Community Board 13,423 26 October 2010
Councillor 11,915 20 October 2010
*Elected to council unopposed.
Meeting fees 
N/A 
Mayoral car 
N/A 
Kawhia Community Board
Office Annual salary ($) Commencement date
Chair 2,514 29 October 2010
Deputy Chair 2,011 29 October 2010
Member (except members who are councillors, in which case no remuneration payable) 1,508 20 October 2010
Otorohanga Community Board
Office Annual salary ($) Commencement date
Chair 9,500 28 October 2010
Deputy Chair 7,952 28 October 2010
Member (except members who are councillors, in which case no remuneration payable) 7,452 20 October 2010
South Wairarapa District Council
Office Annual salary ($) Commencement date
Mayor 59,900 12 October 2010
Deputy Mayor 24,450 27 October 2010
Councillor 13,329 12 October 2010
Meeting fees 
N/A 
Mayoral car 
Mayoral use only 
Featherston Community Board
Office Annual salary ($) Commencement date
Chair 4,194 2 November 2010
Member (except members who are councillors, in which case no remuneration payable) 1,296 12 October 2010
Greytown Community Board
Office Annual salary ($) Commencement date
Chair 4,194 1 December 2010
Member (except members who are councillors, in which case no remuneration payable) 1,296 12 October 2010
Martinborough Community Board
Office Annual salary ($) Commencement date
Chair 4,194 1 November 2010
Member (except members who are councillors, in which case no remuneration payable) 1,296 12 October 2010
Stratford District Council
Office Annual salary ($) Commencement date
Mayor 58,500 9 October 2010
Deputy Mayor 26,868 26 October 2010
Councillor 13,435 17 October 2010
Meeting fees 
N/A 
Mayoral car 
N/A 
Taupo District Council
Office Annual salary ($) Commencement date
Mayor 83,390 17 October 2010
Deputy Mayor 35,385 26 October 2010
Councillor/Chair, Turangi/Tongariro Community Board 32,245 27 October 2010
Councillor 30,988 17 October 2010
Meeting fees 
N/A 
Mayoral car 
Full private use 
Turangi/Tongariro Community Board
Office Annual salary ($) Commencement date
Chair Nil*  
Member 7,956 17 October 2010
*Position filled by councillor, no additional remuneration is payable.
Thames–Coromandel District Council
Office Annual salary ($) Commencement date
Mayor 81,876 16 October 2010
Deputy Mayor and Committee Chair 33,610 27 October 2010
Committee Chair (3) 31,480 27 October 2010
Councillor 27,130 16 October 2010
Meeting fees 
N/A 
Mayoral car 
Full private use 
Coromandel/Colville Community Board
Whangamata Community Board
Office Annual salary ($) Commencement date
Chair 13,486 18 November 2010
Member (except members who are councillors, in which case no remuneration payable) 6,034 16 October 2010
Mercury Bay Community Board
Office Annual salary ($) Commencement date
Chair 13,486 16 November 2010
Member (except members who are councillors, in which case no remuneration payable) 6,034 16 October 2010
Tairua/Pauanui Community Board
Thames Community Board
Office Annual salary ($) Commencement date
Chair 13,486 15 November 2010
Member (except members who are councillors, in which case no remuneration payable) 6,034 16 October 2010
Whakatane District Council
Office Annual salary ($) Commencement date
Mayor 84,700 17 October 2010
Deputy Mayor 27,863 27 October 2010
Committee Chair (2) 27,863 27 October 2010
Councillor 23,748 17 October 2010
Meeting fees 
N/A 
Mayoral car 
N/A 
Murupara Community Board
Office Annual salary ($) Commencement date
Chair 6,056 10 November 2010
Member (except members who are councillors, in which case no remuneration payable) 2,448 17 October 2010
Ohope Community Board
Office Annual salary ($) Commencement date
Chair 6,056 8 November 2010
Member (except members who are councillors, in which case no remuneration payable) 2,448 17 October 2010
Rangitaiki Community Board
Office Annual salary ($) Commencement date
Chair 6,056 2 November 2010
Member (except members who are councillors, in which case no remuneration payable) 2,448 17 October 2010
Taneatua Community Board
Office Annual salary ($) Commencement date
Chair 6,056 1 November 2010
Member (except members who are councillors, in which case no remuneration payable) 2,448 17 October 2010
Whakatane Community Board
Office Annual salary ($) Commencement date
Chair 6,056 15 November 2010
Member (except members who are councillors, in which case no remuneration payable) 2,448 17 October 2010

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 covers the period after the 2010 local government elections up to and including 30 June 2011 for the following local authorities (being those local authorities not included in the Local Government Elected Members (2010/11) (Certain Local Authorities) Determination 2011):

  • Southland Regional Council:

  • Christchurch City Council:

  • Hutt City Council:

  • Kaipara District Council:

  • Otorohanga District Council:

  • South Wairarapa District Council:

  • Stratford District Council:

  • Taupo District Council:

  • Thames–Coromandel District Council:

  • Whakatane District Council.

The commencement dates for the payments of salaries listed in Schedules 1 and 2 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:

  • 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: 2 June 2011.


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 (2010/11) (Certain Local Authorities) Determination (No 2) 2011. The reprint incorporates all the amendments to the determination as at 1 July 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)
  • Local Government Elected Members (2010/11) (Certain Local Authorities) Determination (No 2) 2011 (SR 2011/205): clause 3