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Amendment paper Bill enacted Released 13 October 2022 | Hon Aupito William Sio

Remuneration Authority Legislation Bill - Amendment paper No 148

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Amendment paper Bill enacted Released 13 October 2022 | Hon Aupito William Sio

Remuneration Authority Legislation Bill - Amendment paper No 148

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No 148

House of Representatives

Supplementary Order Paper

Wednesday, 31 August 2022

Remuneration Authority Legislation Bill

Proposed amendments

Hon Aupito William Sio, in Committee, to move the following amendments:

New clause 5A

After clause 5 (page 3, after line 29), insert:

5A Section 6D amended (Delegation by Principal Disputes Referee)

In section 6D(5), replace “section 8A” with “section 9”.

New clause 23A

After clause 23 (page 7, after line 31), insert:

23A Section 71A amended (Delegation by Principal Tenancy Adjudicator)

In section 71A(5), replace “section 69(1)” with “section 69”.

Clause 27

In clause 27, replace “In Schedule 1AA” (page 8, line 26) with “In Schedule 12”.

Schedule 1

In Schedule 1, new Part 2, replace clause 2 (page 9, lines 6 to 14) with:

2 Remuneration of Principal Disputes Referee and Referees

(1)

A person who immediately before the commencement date held office as the Principal Disputes Referee or a Referee continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 9(1)(a).

(2)

In this clause,—

commencement date means the date on which the Remuneration Authority Legislation Act 2021 comes into force

Principal Disputes Referee includes a person appointed as an Acting Principal Disputes Referee under section 6B.

Schedule 2

In Schedule 2, new Schedule 1AA, replace clause 1 (page 10, lines 9 to 19) with:

1 Remuneration of Chief Community Magistrate and Community Magistrates

(1)

A person who immediately before the commencement date held office as the Chief Community Magistrate or a Community Magistrate continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 60(1)(a).

(2)

In this clause,—

Chief Community Magistrate includes an Acting Chief Community Magistrate appointed under section 56

commencement date means the date on which the Remuneration Authority Legislation Act 2021 comes into force

Community Magistrate includes an acting Community Magistrate appointed under section 57.

Schedule 3

In Schedule 3, new Part 3, replace clause 3 (page 11, lines 6 to 16) with:

3 Remuneration of Chairperson and Deputy Chairpersons of Human Rights Review Tribunal

(1)

A person who immediately before the commencement date held office as the Chairperson or a Deputy Chairperson of the Human Rights Review Tribunal continues to be paid the same amount of remuneration that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 118A(1)(a).

(2)

In this clause,—

Chairperson includes a temporary acting Chairperson appointed under section 102

commencement date means the date on which the Remuneration Authority Legislation Act 2021 comes into force.

Schedule 4

In Schedule 4, new Part 2, replace clause 4 (page 12, lines 6 to 14) with:

4 Remuneration of deputy chair and other members of Tribunal

(1)

A person who immediately before the commencement date held office as a deputy chair or other member of the Tribunal continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under clause 4(2)(a) of Schedule 2.

(2)

In this clause,—

commencement date means the date on which the Remuneration Authority Legislation Act 2021 comes into force

member of the Tribunal includes an acting member appointed under section 219A(1)(b).

Schedule 5

In the Schedule 5 heading, replace “Part 6” (page 13, line 2) with “Part 7”.

In Schedule 5, new Part 6 heading, replace “Part 6” (page 13, line 4) with “Part 7”.

In Schedule 5, new Part 6, replace clause 38 (page 13, lines 6 to 16) with:

40 Remuneration of Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, and Tenancy Adjudicators

(1)

A person who immediately before the commencement date held office as the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 69(1)(a).

(2)

In this clause,—

commencement date means the date on which the Remuneration Authority Legislation Act 2021 comes into force

Deputy Principal Tenancy Adjudicator includes an acting Deputy Principal Tenancy Adjudicator appointed under section 67A

Principal Tenancy Adjudicator includes an acting Principal Tenancy Adjudicator appointed under section 67A

Tenancy Adjudicator includes an acting Tenancy Adjudicator appointed under section 67A.

Schedule 6

In the Schedule 6 heading, replace “Part 4” (page 14, line 2) with “Part 6”.

In Schedule 6, new Part 4 heading, replace “Part 4” (page 14, line 4) with “Part 6”.

In Schedule 6, new Part 4, replace clause 31 (page 14, lines 6 to 15) with:

38 Remuneration of Environment Commissioners and Deputy Environment Commissioners

(1)

A person who immediately before the commencement date held office as an Environment Commissioner or a Deputy Environment Commissioner continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 263(1)(a).

(2)

In this clause, commencement date means the date on which the Remuneration Authority Legislation Act 2021 comes into force.

Explanatory note

This Supplementary Order Paper (SOP) amends the Remuneration Authority Legislation Bill (the Bill) to—

  • insert new clauses 5A and 23A. The new clauses consequentially amend cross-references in the Disputes Tribunal Act 1988 and the Residential Tenancies Act 1986 respectively:

  • correct a minor error in clause 27:

  • make the following 2 changes to the transitional arrangements in each of Schedules 1 to 6 of the Bill:

    • to replace each reference to “terms and conditions” with a reference to, in Schedules 1, 2, and 4 to 6, “the same amount of remuneration and allowances” and, in Schedule 3, “the same amount of remuneration”. This more accurately achieves the Bill’s intention that the remuneration and allowances of an affected class of judicial officer are to remain unchanged until the Remuneration Authority has determined new remuneration and allowances for that class of officer. In Schedule 3, the reference to “allowances” is omitted because the Chairperson and Deputy Chairpersons of the Human Rights Review Tribunal do not have allowances currently provided for under section 119(1)(a) of the Human Rights Act 1993:

    • to simplify the definition of commencement date in each of the schedules by removing references to the relevant Parts and subparts of the Bill. Those amendments reflect the fact that the Bill proposes a single commencement date on which the Act will come into force in its entirety:

  • make further changes to the transitional arrangements in each of Schedules 1 and 3 to 5 of the Bill, so that it includes persons temporarily acting as one of the specified judicial officers in the classes of judicial officers for whom remuneration and allowances are to remain unchanged until the Remuneration Authority has determined new remuneration and allowances:

  • update Part and clause numbering in Schedules 5 and 6 as a result of amendments made to the Residential Tenancies Act 1986 and the Resource Management Act 1991 since the Bill was introduced.

Departmental disclosure statement

The Ministry of Justice considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.
Amendment paper Bill enacted Released 13 October 2022

Remuneration Authority Legislation Bill - Amendment paper No 148

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