Parliamentary Salaries and Allowances Determination 2012

  • revoked
  • Parliamentary Salaries and Allowances Determination 2012: revoked (with effect on 1 July 2013), on 22 November 2013 (after expiring on 30 June 2013), by clause 7 of the Parliamentary Salaries and Allowances Determination 2013 (SR 2013/462).

Reprint
as at 22 November 2013

Coat of Arms of New Zealand

Parliamentary Salaries and Allowances Determination 2012

(SR 2012/422)

  • Parliamentary Salaries and Allowances Determination 2012: revoked (with effect on 1 July 2013), on 22 November 2013 (after expiring on 30 June 2013), by clause 7 of the Parliamentary Salaries and Allowances Determination 2013 (SR 2013/462).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.


Pursuant to section 16 of the Civil List Act 1979 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 Parliamentary Salaries and Allowances Determination 2012.

2 Commencement
  • This determination is deemed to have come into force on 1 July 2012.

3 Expiry
  • This determination expires on 30 June 2013.

4 Interpretation
  • In this determination,—

    party means a parliamentary political party whose members in the House of Representatives include at least 1 member elected as a constituency or list candidate for that party

    select committee means a committee that is established by, or in accordance with,—

    • (a) Standing Order 181(1) or (2) of the Standing Orders of the House of Representatives (with effect on 21 October 2011); or

    • (b) the corresponding provision of those Standing Orders (with effect on an earlier or a later date).

5 Salaries
  • (1) The salaries payable under section 16 of the Civil List Act 1979 are set out in Schedule 1.

    (2) No member of Parliament may be paid more than 1 salary at any one time under any of the provisions of Schedule 1 and, if a member holds 2 or more offices, the salary payable to that member is that payable for the office for which the highest salary is payable.

6 Allowance
  • (1) The allowance payable under section 16 of the Civil List Act 1979 is set out in Schedule 2.

    (2) The allowance is paid to the recipient for the purpose of reimbursing the recipient for expenses that arise from that recipient's official and parliamentary duties, and that are not otherwise covered by the determinations made under section 20A of the Civil List Act 1979.

7 Revocation

Schedule 1
Salaries payable under section 16 of Civil List Act 1979

cl 5(1)

OfficeYearly rate of salary payable on and after 1 July 2012
($)
Members of the Executive 
Prime Minister419,300
Deputy Prime Minister297,400
Each member of the Executive Council who is a Minister of the Crown holding 1 or more portfolios and who is a member of Cabinet262,700
Each member of the Executive Council who is a Minister of the Crown holding 1 or more portfolios, but who is not a member of Cabinet221,400
Each other member of the Executive Council192,700
Each Parliamentary Under-Secretary171,800
Officers of the House of Representatives 
Speaker of the House of Representatives262,700
Deputy Speaker185,300
Each Assistant Speaker158,700
Leader of the Opposition 
Leader of the Opposition262,700
Other party leaders 
Each member of Parliament who is the leader of a party— 
 Base salary 158,700
  plus 
  For each additional member of the party in the House of Representatives up to a maximum of 51,890
  plus 
  For each additional member of the party in the House of Representatives over 5 up to a maximum of 231,260
  plus 
  For each additional member of the party in the House of Representatives over 23630
Deputy leaders 
Each member of Parliament who is the deputy leader of a party whose members in the House of Representatives number not less than 25— 
 Base salary 182,800
  plus 
  For each additional member of the party in the House of Representatives over 25 up to a maximum of 35630
  plus 
  For each additional member of the party in the House of Representatives over 35 up to a maximum of 45360
Whips 
In respect of each party whose members in the House of Representatives number not less than 4— 
 One Whip 
 Base salary158,700
  plus 
  For each member of the party in the House of Representatives over 6 up to a maximum of 241,260
  plus 
  For each member of the party in the House of Representatives over 24 up to a maximum of 35630
  plus 
  For each member of the party in the House of Representatives over 35 up to a maximum of 45360
 Senior Government Whip 
 If a Whip referred to in one of the provisions under the heading Whips is also the Senior Government Whip an additional sum is added4,510
In respect of each party whose members in the House of Representatives number not less than 25— 
 One Junior Whip (separate from, and additional to, that party's One Whip)158,700
In respect of each party whose members in the House of Representatives number not less than 45— 
 One Additional Junior Whip 158,700
Chairpersons of select committees 
 Each member of Parliament who is the chairperson of a select committee158,700
Deputy chairpersons of select committees 
 Each member of Parliament who is the deputy chairperson of a select committee149,100
Other members of Parliament 
Each other member of Parliament144,600

Schedule 2
Allowance payable under section 16 of Civil List Act 1979

cl 6(1)

OfficeYearly rate of expenses allowance payable on and after 1 July 2012
($)
Prime Minister21,600
Speaker20,200
Each other member of Parliament16,200

Dated at Wellington this 18th day of December 2012.

John Errington,
Chairman.

A Foulkes,
Member.

 D Morcom,
Member.


Explanatory memorandum

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

  • 1 Background

  • 1.1 This memorandum explains not only the general effect of this determination, but also—

    • (a) the extent and limitations of the role of the Remuneration Authority (the Authority); and

    • (b) the considerations that have driven the Authority in coming to this determination.

  • 1.2 The Authority is required to have regard to the following when setting parliamentary remuneration and allowances:

    • (a) the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and

    • (b) the need to be fair both—

      • (i) to the persons or group of persons whose remuneration is being determined; and

      • (ii) to the taxpayer or ratepayer; and

    • (c) the need to recruit and retain competent persons.

  • 1.3 In addition the Authority must take into account—

    • (a) the requirements of the position concerned; and

    • (b) the conditions of service enjoyed by the persons whose remuneration is being determined and those enjoyed by the persons or members of the group of persons whose remuneration and conditions of employment are, in the opinion of the Authority, comparable with those of the persons or members of the group; and

    • (c) any prevailing adverse economic conditions, based on evidence from an authoritative source; and may determine the remuneration at a rate lower than it would otherwise have determined.

  • 1.4 Since 2001/02 the Authority has taken a remuneration package approach which takes account of the market rate for employees undertaking jobs with similar complexity and responsibility to identify a package value for ordinary members of Parliament. This figure reflects the total package of benefits members could expect to receive given the criteria in place at the time. Part of that package is the personal benefit value of the travel discount entitlement and part is the superannuation subsidy.

  • 1.5 Each year the Authority has reviewed the appropriate total package value to ensure that the overall remuneration package available to ordinary members was aligned to the appropriate external groups. The Authority also reviews the value of the personal benefit of the travel discount entitlements, based on the actual usage of the entitlements.

  • 1.6 The salary, and the value of the superannuation subsidy available to ordinary members, is then set by having regard to the total package value and the assessed personal benefit value of the travel discount entitlement.

  • 1.7 The same approach is not taken in setting the salary rates for members with additional responsibilities, such as Ministers, the Speaker, the Prime Minister, and the Party Leaders. These rates are set using previous relativities within Parliament and reflect a measure of assessment of a fair remuneration for those members, taking into account the element of public service associated with those positions and the honour that many people feel when achieving higher status within Parliament. Had a form of external wage relativity been applied, the Authority recognises that the increases promulgated would have been significant and politically untenable.

  • 1.8 When setting salary rates for members with additional responsibilities, the Authority recognises that the remuneration package for those members includes the personal benefit value of the travel discount entitlement as well as the superannuation subsidy. For this reason, the Authority, which pays close attention to benefits provided to all members by the determination issued by the Speaker, has merely kept a weather eye on the changes that from time to time occur in the determinations issued by the Minister Responsible for Ministerial Services. Although the value of ministerial allowances and reimbursement may vary from time to time, the packages that Ministers enjoy do not match either public or private sector remuneration for similarly responsible positions. To the extent that salary levels for this group are built on salaries for ordinary members, their salaries are discounted by the amount of the personal benefit of the travel discount entitlements.

       

  • 2 Travel discount entitlement adjustment

  • 2.1 Travel entitlements available to members are set by the Speaker and cover—

    • members’ domestic air travel; and

    • members’ spouses’ domestic air travel; and

    • members’ dependants’ domestic air travel.

  • 2.2 Assessing the value of the travel discount entitlement has had regard to—

    • the proportion of personal benefit assessed for each of—

      • members’ domestic travel; and

      • members’ spouses’ domestic travel; and

      • members’ dependants’ domestic travel; and

      • the actual costs of the various travel entitlements in each year; and

      • the average cost per member of the travel entitlements (even though members do not get equal benefits from the entitlements); and

      • some averaging of per member costs over time to recognise that costs can and do fluctuate from year to year.

  • 2.3 It is recognised that some members get a disproportionate share of the value of the entitlements (by having more usage or by having a greater proportion of travel costs reimbursed) whereas all members are paying equally (by having the same reduction in salary). The Authority recognises this but is of the view that there is no other way of offsetting the personal cost of the entitlements whilst meeting the requirements of our Act.

  • 2.4 The actual costs of the travel discount entitlements have reduced in recent years and the Speaker formally withdrew the members' and spouses' international air travel entitlement with effect from 1 January 2011. Last year, after taking into account the reduced usage in the 2010/11 year and the withdrawal of the international entitlement, the Authority adjusted each member’s salary by $5,000.

  • 2.5 It is important to understand that, because the salary of every member is adjusted to take account of the personal benefit of the travel discount entitlements available to all members, the members themselves are meeting the cost of those personal benefits by, in effect, taking a salary cut to pay for the benefits. The cost is also being met by members with additional responsibilities by virtue of the process the Authority uses to set the salaries for those members.

  • 2.6 It therefore follows that, if the value of the personal benefit of those entitlements decreases, there should be a compensating adjustment to salaries. If no compensating adjustment were made then members would be paying for a benefit which they are not getting.

  • 2.7 A similar situation could happen in the private sector if, for example, a manager had the personal use of a car as part of their employment package. The value of the private use would be reflected by the manager having a lower salary for a given overall package value. If the value of the personal use of a car reduced, then the manager’s salary would be increased so that their overall package value remained the same.

  • 2.8 This year, after taking into account further reductions in the actual cost of the travel entitlements and allowing for fluctuations in usage, the Authority has made a small reduction to the assessed value of the travel discount entitlements, which has been taken into account when setting salary movements.

       

  • 3 General salary adjustment

  • 3.1 In recent years, members’ remuneration packages have not kept pace with increases in the cost of living, nor with general wage movements.

  • 3.2 This has partly been due to Parliament requesting (and the Authority acceding to that request) to have no increase for the 2009/10 year, and partly due to the Authority taking into account prevailing adverse economic conditions.

  • 3.3 Since fiscal year 2009 general salaries and wages have increased by 5.6% and the Consumers Price Index has increased by 8.0%. Parliamentary salaries (excluding the $2,000 and $5,000 increases in 2010 and 2011 to compensate for the reduction in value of the travel discount entitlements) have increased by only 2.9%.

  • 3.4 Taking into account the prevailing adverse economic conditions and the small reduction in assessed value of the travel discount entitlement, the Authority has decided to apply a general increase this year of around 1.9%.

  • 3.5 This still leaves members of Parliament receiving lower remuneration increases than the general population.

       

  • 4 Tax-free allowance

  • 4.1 The Authority has adjusted members’ tax-free allowance by 1.0%, that percentage change being the percentage change in the Consumers Price Index since this allowance was last adjusted.

  • 4.2 The Authority is working with the Speaker to gain assurance that this allowance, which was independently verified in 2001, is still set at an appropriate level to meet such genuine out-of-pocket business expenses as—

    • (a) the entertainment of visitors, staff, constituents, and officials; and

    • (b) memberships, sponsorships, and fees; and

    • (c) koha; and

    • (d) donations and raffle tickets; and

    • (e) gifts and prizes; and

    • (f) flowers (including wreaths); and

    • (g) passport photos; and

    • (h) clothing and grooming (Prime Minister only); and

    • (i) briefcases and luggage; and

    • (j) meals.

       

  • 5 Superannuation

  • 5.1 The Authority has made no adjustment to the percentage contribution payable to members’ superannuation. This contribution, which is capped at 20% of an ordinary member’s salary, ranges from 6.9% to 20%, depending on the position the member holds.


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

Date of notification in Gazette: 20 December 2012.


Reprints notes
1 General
  • This is a reprint of the Parliamentary Salaries and Allowances Determination 2012 that incorporates all the amendments to that determination as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Parliamentary Salaries and Allowances Determination 2013 (SR 2013/462): clause 7

    Parliamentary Salaries and Allowances Determination 2012 (SR 2012/422): clause 3