Community Magistrates (Remuneration and Allowances) Amendment Order 2008: revoked, on 18 May 2012, by clause 5 of the Community Magistrates (Remuneration and Allowances) Amendment Order 2012 (SR 2012/83).

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.

This order is administered by the Ministry of Justice.

Pursuant to section 11G of the District Courts Act 1947, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

1 Title

2 Commencement

3 Principal order amended

4 New clause 2 substituted

2 Remuneration of Community Magistrates (other than Chief Community Magistrate)

5 Revocation

Order

1 Title

This order is the Community Magistrates (Remuneration and Allowances) Amendment Order 2008.

2 Commencement

(1) Clause 4 is deemed to have come into force on 17 March 2008.

(2) The rest of this order comes into force on the day after the date of its notification in the Gazette.

3 Principal order amended

This order amends the Community Magistrates (Remuneration and Allowances) Order 1998.

4 New clause 2 substituted

Clause 2 is revoked and the following clause substituted:
“2 Remuneration of Community Magistrates (other than Chief Community Magistrate)

A Community Magistrate (other than the Chief Community Magistrate) is to be paid, for every day on which he or she attends the Court in his or her capacity as a Community Magistrate, remuneration by way of a fee of $12.50 for each quarter hour or part of a quarter hour, but no more than $400 per day.”

5 Revocation

The Community Magistrates (Remuneration and Allowances) Amendment Order 2007 (SR 2007/184) is revoked.

Michael Webster,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, the operative provision of which is deemed to have come into force retroactively on 17 March 2008, increases the fees payable to Community Magistrates (other than the Chief Community Magistrate) and provides a new approach for the calculation of those fees.

At present Community Magistrates are paid—

$36 for attending court for 1 hour or less on any day:
$60 for attending court for between 1 hour and 4 hours on any day:
$120 for attending court for between 4 and 8 hours on any day:
$120, plus $24 for every hour or part of an hour over 8 hours, for attending court for over 8 hours on any day.

The new remuneration rate for Community Magistrates (other than the Chief Community Magistrate) is $12.50 for each quarter hour or part of a quarter hour attending court, but no more than $400 per day.

The remuneration of the Chief Community Magistrate is determined by the Remuneration Authority.

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

Date of notification in Gazette: 31 July 2008.

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 Community Magistrates (Remuneration and Allowances) Amendment Order 2008. The reprint incorporates all the amendments to the order as at 18 May 2012, 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)

Community Magistrates (Remuneration and Allowances) Amendment Order 2012 (SR 2012/83): clause 5

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Community Magistrates (Remuneration and Allowances) Amendment Order 2008