Local Government (Remuneration Authority Levies) Amendment Regulations 2011

2011/303

Coat of Arms of New Zealand

Local Government (Remuneration Authority Levies) Amendment Regulations 2011

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 29th day of August 2011

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to clause 10 of Schedule 7 of the Local Government Act 2002, Her Excellency the Administrator of the Government makes the following regulations acting on—

  • (a) the advice and with the consent of the Executive Council; and

  • (b) the recommendation of the Minister of Local Government.

Regulations

1  Title
  • These regulations are the Local Government (Remuneration Authority Levies) Amendment Regulations 2011.

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

3  Principal regulations amended
4  Calculation of levy
  • Regulation 6 is amended by revoking subclauses (6) to (8) and substituting the following subclauses:

    • (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.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Local Government (Remuneration Authority Levies) Regulations 2005 (the principal regulations). The principal regulations prescribe the method by which the Minister responsible for the Remuneration Authority may levy local authorities to recover the costs of the Remuneration Authority in making remuneration determinations for local authority members. Regulation 6 of the principal regulations sets out the method by which the levy is calculated, which includes a formula. Regulation 4 of these regulations amends that part of the formula relating to the proportionate share by—

  • lowering the population threshold to 1 000 persons; and

  • removing the cap on operating expenditure; and

  • clarifying what constitutes operating expenditure.


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

Date of notification in Gazette: 1 September 2011.

These regulations are administered by the Department of Internal Affairs.