Members of Parliament (Accommodation Services for Members and Travel Services for Family Members and Former Prime Ministers) Amendment Determination 2016

2016/264

Coat of Arms of New Zealand

Members of Parliament (Accommodation Services for Members and Travel Services for Family Members and Former Prime Ministers) Amendment Determination 2016

Pursuant to sections 17 and 32(4) of the Members of Parliament (Remuneration and Services) Act 2013 and to the Remuneration Authority Act 1977, the Remuneration Authority, after complying with section 18 of the Members of Parliament (Remuneration and Services) Act 2013, makes the following determination (to which is appended an explanatory memorandum).

Determination

1 Title

This determination is the Members of Parliament (Accommodation Services for Members and Travel Services for Family Members and Former Prime Ministers) Amendment Determination 2016.

2 Commencement

This determination comes into force on 1 December 2016.

4 Clause 12 replaced (GST and card charges)

Replace clause 12 with:

12 GST and card charges

In this determination, reference to an amount of money or to costs is to be treated as—

(a)

including any goods and services tax; but

(b)

not including any charge for using a credit card or purchase card.

5 Clause 21 amended (Application)

In clause 21(1), replace “Clauses 22 to 26” with “Clauses 22 to 25”.

6 Clause 26 revoked (Security)

Revoke clause 26.

7 Clause 40 replaced (Security system payment)

Replace clause 40 with:

Security

40 Security system payments

(1)

Any member of Parliament who has a security system installed at his or her home base may have the actual and reasonable costs associated with the security system paid up to the maximum of—

(a)

$2,500 for installing the system; and

(b)

$1,000 in any year for monitoring, call-outs, and repairs.

(2)

A member who is not a Minister may be provided additional security measures, at the member’s request, at—

(a)

the member’s home base; and

(b)

the continuous accommodation in Wellington used by the member.

(3)

A member who is a Minister must be provided additional security measures at all official residences, Wellington residences, and home bases.

(4)

Security measures provided under subclauses (2) and (3)—

(a)

are in addition to the provision of security services under subclause (1); and

(b)

must be provided at the level recommended by an official risk and security assessment.

Dated at Wellington this 2nd day of November 2016.

Fran Wilde,
Chairperson.

Geoff Summers,
Member.

Len Cook,
Member.

Explanatory memorandum

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

This determination, which comes into force on 1 December 2016, makes changes to the Members of Parliament (Accommodation Services for Members and Travel Services for Family Members and Former Prime Ministers) Determination 2014 (the principal determination) in 2 areas.

Credit card charges

Clause 4 amends clause 12 of the principal determination, which currently provides that references to set amounts or costs are to be treated as including GST and credit card charges. The amendment reverses the position in relation to credit card charges, by providing that references to an amount of money or costs must be treated as not including any charge for using a credit card or purchase card.

The Authority notes that including credit card charges within the specified limits has reduced accessibility to services available to members and their families, where applicable. It requires administering departments to seek personal reimbursement from members and their families when the transaction costs exceed the specified limits because of the imposition of a credit card charge by a service provider. Having regard to section 16(1)(d) of the Members of Parliament (Remuneration and Services) Act 2013, and the difficulties being experienced by members, their families, and administering departments, the Authority is satisfied that there are particular and special reasons that justify amending the principal determination to make this change.

Security

Clauses 5 to 7 amend clauses 21, 26 and 40 of the principal determination. Clauses 26 and 40 relate to the provision of security services for residences of Ministers and members respectively. The base level of service for all members, including Ministers, is set in clause 40. Ministers can be provided with additional security measures arising from any recommendations in a risk and security assessment.

The Authority is concerned that in the present environment the current security provisions fall short of what is necessary to provide an adequate base level of service to residences for all members, including Ministers. The Authority also believes it is necessary to improve management of security risks for members who are not Ministers. Additional security measures for members would be appropriate following a security risk assessment, similar to that already available to Ministers.

The amendments locate all entitlements that relate to the provision of security measures in one clause: clause 40 and make a consequential change to a cross-reference. The substantive amendments provide for the following increases to the amounts payable for the base level of security service:

  • the maximum contribution to the cost of installing a security system at a member’s home base is increased from $850 to $2,500:

  • the maximum contribution to operating costs, including monitoring, repairs, and call-outs, is increased from $600 to $1,000 per annum.

The amendments also provide for additional security measures to be provided to members who are not Ministers. The measures will be provided at the home base of a member, and at a member’s continuous Wellington accommodation, if requested by the member, and to the level recommended by an official risk and security assessment.

The Authority is satisfied that in all the circumstances there are particular and special reasons that justify amending the determination to provide for these increased security measure entitlements.

The Authority does not consider that any of these changes provide an additional personal benefit, or potential personal benefit, to members.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 17 November 2016.