Reprint as at 22 February 2018
(LI 2017/162)
Coroners (Salaries and Superannuation) Determination 2017: revoked (with effect on 1 January 2018, after expiring on 31 December 2017), on 22 February 2018, by clause 9 of the Coroners (Salaries and Superannuation) Determination 2018 (LI 2018/15).
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
Pursuant to section 110(1) of the Coroners Act 2006 and section 12B(1)(f) and (2) of the Remuneration Authority Act 1977, the Remuneration Authority makes the following determination (to which is appended an explanatory memorandum).
This determination is the Coroners (Salaries and Superannuation) Determination 2017.
This determination is deemed to have come into force on 1 January 2017.
This determination expires on 31 December 2017.
In this determination, unless the context otherwise requires,—
coroner—
means a person holding office under any of sections 103, 104, or 105 of the Coroners Act 2006; but
does not include a person who, under section 22(a) of the District Court Act 2016, is a coroner by virtue of holding office as a District Court Judge
new GSF Scheme means the new Government service superannuation scheme established under Part 2A of the Government Superannuation Fund Act 1956
retirement scheme means a retirement scheme as defined in section 6(1) of the Financial Markets Conduct Act 2013, other than the new GSF Scheme
year means a period of 12 months ending on 31 December.
(1)
The salary payable to a coroner must be at the annual rate of $269,200.
(2)
The salary payable to a Chief Coroner who is not a Judge must be at the annual rate of $344,900, payable from the date on which the Chief Coroner is appointed.
(3)
A relief coroner appointed under section 104 of the Coroners Act 2006 is entitled to an additional payment of up to $40,400 per annum by way of salary, in recognition of the fact that a relief coroner is not entitled to receive superannuation contributions under clause 7, provided that the annual sum of the following amounts does not exceed $309,600:
the salary payable under subclause (1); and
any additional payment under this subclause; and
any superannuation subsidy (inclusive of any tax liability) that the coroner is entitled to be paid by the Crown other than under this determination.
(4)
Each coroner and the Chief Coroner must be paid a taxable National Duty Coroner allowance at the rate of $10,400 per annum, in recognition of the fact that all coroners and the Chief Coroner are, from time to time, rostered to act as National Duty Coroner.
Clause 7 does not apply to—
a Chief Coroner who is a Judge; or
a coroner who—
is a former coroner appointed under section 103(5) of the Coroners Act 2006; or
is a relief coroner appointed under section 104 of the Coroners Act 2006; or
is a current contributor under Part 5A of the Government Superannuation Fund Act 1956; or
is a current contributor to the new GSF Scheme.
A coroner or Chief Coroner who chooses to contribute to a retirement scheme is entitled to have a subsidy paid on his or her contribution.
The maximum amount of superannuation subsidy (inclusive of any tax liability) that is payable in any year is 20% of the gross salary and National Duty Coroner allowance actually paid to the coroner or Chief Coroner in that year.
In order to qualify for a superannuation subsidy, the contribution that the coroner or Chief Coroner must make to the retirement scheme, when expressed as a ratio of the superannuation subsidy to that person’s contribution, is 5:1.
To avoid doubt,—
nothing in the Judicial Salaries and Allowances Determination 2017 applies to coroners; and
nothing in the Judicial Superannuation Determination 2006 applies to coroners to whom clause 7 applies.
The Coroners (Salaries and Superannuation) Determination 2016 (LI 2016/137) is revoked.
Dated at Wellington this 5th day of July 2017.
Fran Wilde,Chairperson.
Geoff Summers,Member.
This determination, which is deemed to have come into force on 1 January 2017 and expires on 31 December 2017, sets the salaries and superannuation rights of coroners and a Chief Coroner who is not a Judge.
The Remuneration Authority (the Authority) is required to have regard to the following when setting remuneration for coroners and other judicial officers:
the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and
the need to be fair both—
to the persons or group of persons whose remuneration is being determined; and
to the taxpayer; and
the need to recruit and retain competent persons.
In addition, the Authority must take into account—
the requirements of the position concerned; and
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 whose remuneration is being determined; and
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.
This determination increases the salary of coroners from $264,690 to $269,200, in line with the increase in salaries that the Authority determined for District Court Judges in 2016/17. It also provides for a salary of $344,900 for a Chief Coroner who is not a Judge.
The Authority has taken account of the fact that each coroner, including the Chief Coroner, is required to operate as the National Duty Coroner from time to time so that there is a coroner on duty 24 hours per day every day of the year. This is an onerous requirement and has the effect that each coroner must complete around 400 hours of rostered on-duty each year during which their personal freedoms are somewhat curtailed. In considering the Authority’s responsibility to be fair to the group of persons whose remuneration is being determined, the Authority has determined to provide an allowance to compensate coroners for their on-call work as National Duty Coroner. The allowance is not large, but the Authority believes it provides a reasonable compensation for the time imposition on the coroners.
The determination is for a year, from 1 January 2017. The determination could not be finalised earlier because of the preparatory work that the Authority was required to undertake before making the determination.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 13 July 2017.
This is a reprint of the Coroners (Salaries and Superannuation) Determination 2017 that incorporates all the amendments to that determination as at the date of the last amendment to it.
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, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
Coroners (Salaries and Superannuation) Determination 2018 (LI 2018/15): clause 9
Coroners (Salaries and Superannuation) Determination 2017 (LI 2017/162): clause 3