Local Government Elected Members (2016/17) (Auckland Council and Local Boards) Determination 2016

Determination

1 Title

This determination is the Local Government Elected Members (2016/17) (Auckland Council and Local Boards) Determination 2016.

2 Commencement

This determination comes into force on 1 July 2016.

3 Expiry

This determination expires on the close of 30 June 2017.

4 Interpretation

In this determination, unless the context otherwise requires,—

ATA panel means a panel appointed by the Auckland Council under section 89 of HASHA

ATA panel hearing time has the meaning given by clause 6

ATA resource consent hearing has the meaning given by clause 5

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

Auckland Council or Council means the Auckland Council established by section 6 of the Local Government (Auckland Council) Act 2009

local board means a local board established under section 10 of the Local Government (Auckland Council) Act 2009

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 as any 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)

RMA hearing time has the meaning given by clause 8

RMA resource consent hearing has the meaning given by clause 7

RMA resource consent hearing fee means a fee payable in accordance with clause 15 for attending a resource consent hearing.

5 Meaning of ATA resource consent hearing

(1)

In this determination, ATA resource consent hearing means a hearing that—

(a)

is held by an ATA panel; and

(b)

arises from—

(i)

an application for a resource consent under subpart 2 of Part 2 of HASHA:

(ii)

a request for a plan change or for a variation to a proposed plan under subpart 3 of Part 2 of HASHA.

(2)

To avoid doubt, in this determination, ATA resource consent hearing does not include—

(a)

a hearing of submissions as part of the process of the preparation of a district or regional plan; or

(b)

a hearing relating to a change or variation in a district or regional plan requested by a council or a local board; or

(c)

any other hearing not specified in subclause (1).

6 Meaning of ATA panel hearing time

(1)

In this determination, ATA panel 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 ATA panel deliberations in relation to an ATA resource consent hearing; and

(ii)

at a formal site inspection as part of a group inspection; and

(iii)

in determining a notified ATA resource consent application where a formal hearing does not take place.

(2)

In this determination, ATA panel hearing time

(a)

also includes the time spent by a member—

(i)

preparing for an ATA resource consent hearing; or

(ii)

inspecting a site, not being a formal site inspection under subclause (1)(b)(ii); but

(b)

does not include the time referred to in paragraph (a) to the extent that it exceeds the aggregate of the time spent by the member—

(i)

hearing a matter referred to in clause 5(1); and

(ii)

on the formal deliberations referred to in subclause (1)(b)(i).

7 Meaning of RMA resource consent hearing

(1)

In this determination, RMA resource consent hearing means—

(a)

a hearing arising from a resource consent application made under section 88 of the RMA; or

(b)

a hearing arising from a notice of requirement given under section 168 of the RMA; or

(c)

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

(d)

a hearing relating to a request for a change to a district or regional plan or policy statement under clause 21 of Schedule 1 of the RMA; or

(e)

a mediation hearing in the Environment Court as part of an appeal from a decision of the Auckland Council; or

(f)

a hearing on an objection against a charge fixed by the Council under section 36 of the RMA.

(2)

To avoid doubt, in this determination, RMA 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 to a district or regional plan or policy statement requested by the Council or the local board; or

(c)

a hearing relating to a notice of requirement initiated by the Council or the local board; or

(d)

any other hearing not specified in subclause (1).

8 Meaning of RMA hearing time

(1)

In this determination, RMA 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 an RMA 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 7(1)(c); and

(iii)

in determining a notified resource consent application where a formal hearing does not take place.

(2)

In this determination, RMA hearing time

(a)

also includes the time spent by a member—

(i)

preparing for an RMA resource consent hearing; or

(ii)

inspecting a site, not being a formal site inspection under subclause (1)(b)(ii); but

(b)

does not include the time referred to in paragraph (a) to the extent that it exceeds the aggregate of the time spent by the member—

(i)

hearing a matter referred to in clause 7(1); and

(ii)

on the formal deliberations referred to in subclause (1)(b)(i).

Auckland Council members

9 Remuneration and allowances payable to members of Auckland Council

The remuneration and allowances payable to the members of the Auckland Council are—

(a)

the remuneration set out in Schedule 1; and

(b)

the allowances payable in accordance with clauses 11 and 13.

Local board members

10 Remuneration and allowances payable to members of local boards

(1)

The remuneration and allowances payable to the members of local boards are—

(a)

the remuneration set out in Schedule 2; and

(b)

the allowances payable in accordance with clauses 11 to 13; and

(c)

the ATA resource consent hearing fees payable in accordance with clause 14; and

(d)

the RMA resource consent hearing fees payable in accordance with clause 15.

(2)

A member of a local board is not entitled to be paid a meeting fee other than an RMA resource consent hearing fee or an ATA resource consent hearing fee.

Allowances

11 Vehicle mileage allowance

(1)

The Auckland Council may pay a member of the Council or a member of a local board a vehicle mileage allowance for travel by the member on the Council’s business.

(2)

An allowance may be paid to a member under subclause (1) for each day within the period of this determination that—

(a)

the member is not provided with a vehicle by the Council; and

(b)

the member is travelling—

(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.

(3)

The allowance is payable, in relation to each day for which the member qualifies under subclause (2),—

(a)

in accordance with subclause (4); but

(b)

if the travel is between the member’s residence and the nearest office of the Auckland Council or a local board, the allowance is only payable for the distance travelled on that day that exceeds the threshold distance.

(4)

The allowance payable to a member is—

(a)

$0.74 per kilometre for the first 5 000 kilometres travelled within the period of this determination for which the allowance is payable:

(b)

$0.37 per kilometre for any distance over 5 000 kilometres travelled within the period of this determination for which the allowance is payable.

(5)

If a member is not a member for the whole of the period of this determination, subclause (4) applies as if each reference to 5 000 kilometres were replaced by a reference to the number of kilometres calculated in accordance with the following formula:

(a ÷ b) × 5 000

where—

a

is the number of days during the period of this determination that the member held office

b

is the number of days in the period of this determination.

(6)

In this clause,—

on the Council’s business includes—

(a)

on the business of any local board; and

(b)

travel between a member’s residence and an office of the Auckland Council or a local board

threshold distance means the shorter of the following distances:

(a)

the distance equivalent to a round trip between the member’s residence and the nearest office of the Auckland Council by the most direct route that is reasonable in the circumstances; or

(b)

30 kilometres, if the distance equivalent to a round trip between the member’s residence and the nearest office of the Auckland Council is greater than 30 kilometres by the most direct route that is reasonable in the circumstances.

12 Travel time allowance

(1)

The Auckland Council may pay a member of a local board a travel time allowance if the office of the member cannot be properly regarded as a full-time position.

(2)

An allowance may be paid to a member under subclause (1) for each day within the period of this determination that—

(a)

the member is travelling—

(i)

on the Council’s business; and

(ii)

by the quickest form of transport that is reasonable in the circumstances; and

(b)

the travel time of the member exceeds 1 hour.

(3)

The allowance is payable, in relation to each day for which the member qualifies under subclause (2),—

(a)

at $37.50 per hour; but

(b)

only in respect of the travel time for that day that exceeds 1 hour.

(4)

In this clause, on the Council’s business includes—

(a)

on the business of any local board; and

(b)

travel between a member’s residence and an office of the Auckland Council or a local board.

13 Communications allowance

(1)

If the Auckland Council determines that particular communications equipment and services are required by members of the Council or members of a local board to perform their functions, and members choose or are required to use their own equipment and communication services, the Council may pay an allowance for the period of this determination in accordance with this clause.

(2)

The amounts and matters in respect of which the allowance is payable are as follows:

(a)

for the use of a personal computer, $150:

(b)

for the use of an electronic tablet, $150:

(c)

for the use of a printer (with or without a scanner), $40:

(d)

for the use of a mobile phone, $60:

(e)

for an Internet connection (with or without a telephone connection), $250:

(f)

for council-related toll and mobile phone charges, $400.

(3)

The total amount payable to a member under subclause (2) must not exceed $1,050.

(4)

If the member is not a member for the whole of the period of this determination, subclauses (2) and (3) apply as if each reference to an amount were replaced by a reference to an amount calculated in accordance with the following formula:

(a ÷ b) × c

where—

a

is the number of days during the period of this determination that the member held office

b

is the number of days in the period of this determination

c

is the relevant amount specified in subclause (2) or (3).

(5)

The Remuneration Authority may approve rules proposed by the Auckland Council to meet the costs of installing and running special equipment or connections where, because of distance or restricted access, normal communications connections are not available.

Resource consent hearing fees

14 Fees for attending ATA resource consent hearing

(1)

A member of a local board who acts as the chairperson of an ATA resource consent hearing is entitled to be paid a fee of $100 per hour of ATA panel hearing time.

(2)

A member of a local board who is not the chairperson of an ATA resource consent hearing is entitled to be paid a fee of $80 per hour of ATA panel hearing time.

(3)

For any period of ATA panel hearing time that is less than 1 hour, the fee must be apportioned accordingly.

(4)

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

(5)

To avoid doubt, ATA resource consent hearing fees are not payable to the mayor or members of the Auckland Council.

15 Fees for attending RMA resource consent hearing

(1)

A member of a local board who acts as the chairperson of an RMA resource consent hearing is entitled to be paid a fee of $100 per hour of RMA hearing time.

(2)

A member of a local board who is not the chairperson of an RMA resource consent hearing is entitled to be paid a fee of $80 per hour of RMA hearing time.

(3)

For any period of RMA hearing time that is less than 1 hour, the fee must be apportioned accordingly.

(4)

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

(6)

To avoid doubt, RMA resource consent hearing fees are not payable to the mayor or members of the Auckland Council.

Miscellaneous matters

16 Application of certain allowances if determination continues after expiry

(1)

This clause applies if this determination continues in force after its expiry under clause 7A(4) of Schedule 7 of the Local Government Act 2002.

(2)

Clauses 11(4) and (5) and 13(1) to (4) apply as if this determination—

(a)

had come into force on the day after its expiry; and

(b)

were to expire on 30 June 2018.

Schedule 1 Remuneration of members of Auckland Council

cl 9(a)

OfficeAnnual salary ($)
Mayor of Auckland269,500
Deputy Mayor of Auckland151,850
Chair of committee of the whole (3)125,350
Councillor (16)105,800
Mayoral car
Full private use

Schedule 2 Remuneration of members of local boards

cl 10(1)(a)

Albert–Eden Local Board

OfficeAnnual salary ($)
Chairperson88,000
Member42,750

Devonport–Takapuna Local Board

OfficeAnnual salary ($)
Chairperson77,850
Member41,800

Franklin Local Board

OfficeAnnual salary ($)
Chairperson78,750
Member41,100

Great Barrier Local Board

OfficeAnnual salary ($)
Chairperson53,400
Member23,350

Henderson–Massey Local Board

OfficeAnnual salary ($)
Chairperson91,100
Member43,250

Hibiscus and Bays Local Board

OfficeAnnual salary ($)
Chairperson85,400
Member42,450

Howick Local Board

OfficeAnnual salary ($)
Chairperson95,400
Member43,450

Kaipatiki Local Board

OfficeAnnual salary ($)
Chairperson84,550
Member42,200

Mangere–Otahuhu Local Board

OfficeAnnual salary ($)
Chairperson82,650
Member42,350

Manurewa Local Board

OfficeAnnual salary ($)
Chairperson85,100
Member42,350

Maungakiekie–Tamaki Local Board

OfficeAnnual salary ($)
Chairperson81,900
Member42,100

Orakei Local Board

OfficeAnnual salary ($)
Chairperson84,100
Member42,550

Otara–Papatoetoe Local Board

OfficeAnnual salary ($)
Chairperson83,800
Member42,550

Papakura Local Board

OfficeAnnual salary ($)
Chairperson74,500
Member41,200

Puketapapa Local Board

OfficeAnnual salary ($)
Chairperson77,650
Member41,800

Rodney Local Board

OfficeAnnual salary ($)
Chairperson76,100
Member40,700

Upper Harbour Local Board

OfficeAnnual salary ($)
Chairperson75,850
Member41,500

Waiheke Local Board

OfficeAnnual salary ($)
Chairperson59,450
Member24,950

Waitakere Ranges Local Board

OfficeAnnual salary ($)
Chairperson75,650
Member41,400

Waitemata Local Board

OfficeAnnual salary ($)
Chairperson80,750
Member41,900

Whau Local Board

OfficeAnnual salary ($)
Chairperson82,650
Member42,350

Dated at Wellington this 7th day of June 2016.

F Wilde,
Chairperson.

A Foulkes,
Member.

G Summers,
Member.

Explanatory memorandum

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

This determination comes into force on 1 July 2016 and expires on the close of 30 June 2017. The determination sets the remuneration for the members of the Auckland Council and its local boards for that period.

The Remuneration Authority has had the responsibility for establishing remuneration for the Auckland Council since before that council was established.

We have undertaken 2 job-sizing reviews since 2010, the most recent in 2015.

In setting the remuneration for 2016, we confront issues that become sharper each year.

Auckland City is the home of almost a third of the New Zealand population. The Auckland Council has an annual budget of over $3 billion and a staff of over 8 000. It is a city where there are extremes of wealth and poverty, and where raising the funds to maintain and enhance infrastructure and community services is placing pressure on all ratepayers and is causing significant community concern.

The governance of the city is unique in New Zealand and there can be little doubt that the pressure on the 20-plus members of the governing body and around 100 local board members, particularly during the development phase of the city’s long-term strategy, has been immense.

Since the establishment of the Auckland Council, we have taken an extremely conservative approach to setting remuneration, to some extent with the expectation that workloads might reduce as the consolidation of the city occurred.

The initial remuneration established for the Auckland Council represented a saving of $1.2 million on previous expenditure. While we are unable to accurately assess the situation as if amalgamation had not occurred, it is still our view that the remuneration costs of governance are significantly lower than they would have been without the restructure.

We are, however, confronted by 2 stark choices. To provide remuneration for a councillor at 80% of the public sector remuneration for a position with the appropriate skills would require an increase of at least 20%. For positions with additional responsibilities (such as the Deputy Mayor and committee chairs), the increase would be significantly higher.

Remuneration for local boards is currently closer to a figure we deem fair to the incumbents, but it is still significantly behind other public sector remuneration, and especially so for local board chairpersons.

The Authority considers it is not possible to address these levels of increases in the current environment, although we remain of the view that a serious conversation about the size and nature of the positions needs to be held after the coming election.

We have determined to increase remuneration by 1.5% for all positions. This movement represents the lower end of increases we have applied to other positions we set and is the same movement applied to other major centres.

Some may consider that the Auckland Council’s remuneration is too high and that increases in remuneration for senior people in business and in the economy are not warranted. On the other hand, the Auckland Council is required to lead one of the most significant contributors to the national economy, and the remuneration of its members is significantly discounted against public sector remuneration.

We believe that to pay members of the Auckland Council less than the amounts in this determination would be patently unfair to the incumbents. We believe that the remuneration we have set is fair in the current economic circumstances, but we also believe that a more substantial debate on the expectations put on local government members is warranted and we will be undertaking this during the next year.

The determination includes minor changes to the rules applying to members claiming mileage and travel payments.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 16 June 2016.