Governor-General (Salary) Determination 2011

  • revoked
  • Governor-General (Salary) Determination 2011: revoked (with effect on 1 November 2012), on 7 June 2013, by clause 5 of the Governor-General (Salary) Determination 2013 (SR 2013/236).

Reprint
as at 7 June 2013

Coat of Arms of New Zealand

Governor-General (Salary) Determination 2011

(SR 2011/261)

  • Governor-General (Salary) Determination 2011: revoked (with effect on 1 November 2012), on 7 June 2013, by clause 5 of the Governor-General (Salary) Determination 2013 (SR 2013/236).

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 section 5 of the Governor-General Act 2010 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 Governor-General (Salary) Determination 2011.

2 Commencement

  • This determination comes into force on 1 August 2011.

3 Expiry

  • This determination expires on the close of 31 October 2012.

4 Salary of Governor-General

  • The salary payable to the Governor-General under section 5(1) of the Governor-General Act 2010 is $311,000 a year.

5 Revocation

Dated at Wellington this 26th day of July 2011.

A Foulkes,
Deputy Chairperson.

D Morcom,
Member.

Explanatory memorandum

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

This determination sets a new rate for the salary of the Governor-General. A new rate is required because the salary of the Governor-General who is to take up office on 31 August 2011 is set under the new Governor-General Act 2010. That Act provides for the salary of the Governor-General to be set on the basis that it is not exempt from income tax, and makes certain changes to the allowance of the Governor-General, and the funding of the Governor-General's programme, which are relevant to the setting of salary. The salary of previous Governors-General was set under the Civil List Act 1979, which provided for the salary to be set on the basis that it was exempt from income tax, and provided a tax-free allowance which covered both official programme expenses and the Governor-General's expenses.

In making the current determination the Authority has sought, in the interests of fairness to all holders of the office of Governor-General, to ensure that the remuneration of the Governor-General Designate is as close as possible to the current remuneration of the incumbent Governor-General.

Recent determinations of the Governor-General's salary under the Civil List Act 1979 have taken as their starting point the establishment of a notional gross salary, converted into a tax-free salary by applying the relevant personal income tax rates and threshold levels. That approach has had the effect of placing the Governor-General's salary on the same basis as that of any salaried person who benefits from adjustments in taxation rates and thresholds.

The most recent determination under the Civil List Act 1979, set out in the Civil List Determination 2011, provides the basis for the current determination. That determination sets the salary of the Governor-General at $210,309, on the basis that it is exempt from income tax. The Authority has converted that sum into a gross figure, and has made an adjustment to reflect changes in the structure of the Governor-General's allowance and to reflect the fact that there is an 18-month period between the determination set for the incumbent Governor-General on 1 April 2011 and the expiry of this determination on 31 October 2012. The new, taxable, salary is $311,000.

In accordance with section 5(3) of the Governor-General Act 2010, the appointee and the Prime Minister have agreed that the starting date for payment of the salary will be 1 August 2011. This determination accordingly takes effect on that day.

This determination also revokes the Civil List Determination 2011 with effect from the close of 23 August 2011, when the term of office of the incumbent Governor-General ends.

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

Date of notification in Gazette: 28 July 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 Governor-General (Salary) Determination 2011. The reprint incorporates all the amendments to the determination as at 7 June 2013, 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)

  • Governor-General (Salary) Determination 2013 (SR 2013/236): clause 5

    Governor-General (Salary) Determination 2011 (SR 2011/261): clause 3