Coroners (Salaries and Superannuation) Determination 2009: revoked (with effect on 1 January 2012), on 13 April 2012 (after expiring on 31 December 2009), by clause 9(c) of the Coroners (Salaries and Superannuation) Determination 2012 (SR 2012/67).

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 determination is administered by the Remuneration Authority.

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, after consultation with the Government Actuary, makes the following determination (to which is appended an explanatory memorandum).

Determination

1 Title

This determination is the Coroners (Salaries and Superannuation) Determination 2009.

2 Commencement

This determination is deemed to have come into force on 1 January 2009.

3 Expiry

This determination expires on 31 December 2009.

4 Interpretation

In this determination, unless the context otherwise requires,—
coroner—
- (a) means a person holding office under any of sections 103, 104, or 105 of the Coroners Act 2006; but
- (b) does not include a person who, under section 8(d) of the District Courts Act 1947, 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

registered superannuation scheme means a superannuation scheme registered under the Superannuation Schemes Act 1989, other than the New GSF Scheme

year means a period of 12 months ending on 31 December.

5 Salaries of coroners

The salary payable to a coroner must be at the annual rate of $208,000.

6 Limited application of clause 7

Clause 7 does not apply to a coroner who—
- (a) is a former coroner appointed under section 103(5) of the Coroners Act 2006; or
- (b) is a relief coroner appointed under section 104 of the Coroners Act 2006; or
- (c) is a current contributor under Part 5A of the Government Superannuation Fund Act 1956; or
- (d) is a current contributor to the New GSF Scheme.

7 Eligibility for subsidy on contributions to registered superannuation scheme

(1) A coroner who chooses to contribute to a registered superannuation scheme is entitled to have a subsidy paid on his or her contribution.

(2) The maximum amount of superannuation subsidy (inclusive of any tax liability) that is payable in any year is 20% of the gross salary actually paid to the coroner in that year.

(3) In order to qualify for a superannuation subsidy, the contribution that the coroner must make to the registered superannuation scheme must, when expressed as a ratio of the superannuation subsidy to the coroner's contribution, be 5:1.

8 Judicial determinations do not apply to coroners

To avoid doubt,—
- (a) nothing in the Judicial Salaries and Allowances Determination 2008 applies to coroners; and
- (b) nothing in the Judicial Superannuation Determination 2006 applies to coroners to whom clause 7 applies.

Dated at Wellington this 15th day of April 2009.

David Oughton,
Chairman.

A Foulkes,
Member.

M Wintringham,
Member.

Explanatory memorandum

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

The Remuneration Authority issued a determination, effective from 1 January 2008, which set remuneration levels for coroners. That determination had an expiry date of 31 December 2008. The Authority received and considered submissions from coroners during January and February 2009.

The criteria to which the Authority is required to have regard when determining remuneration are—

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

(b) the need to be fair both to—
- (i) the persons or group of persons whose remuneration is being determined; and
- (ii) the taxpayer or ratepayer; and

The Authority is also required to 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 of the holders of any comparable positions.

In effect, the Authority replaces conventional market mechanisms for salary setting for specified groups and individuals whose need for independence, and to be seen to be independent, makes distance from political, public, and institutional pressure paramount.

Accordingly the Authority has, in exercising its judgement in terms of the criteria above, taken into consideration the current remuneration setting environment in both the public and private sectors.

The international and domestic economic outlook worsened rapidly during the latter part of 2008 and the early part of 2009. In New Zealand, both public and private sector organisations have been compelled to review activities, budgets, and remuneration.

At both executive and general workforce levels, organisations are taking action both to limit costs and to improve productivity to maintain profitability. In the public sector, the response is taking the form of capped (or reduced) budgets and ministerial expectations of improved productivity to maintain or improve services. Improved productivity is also expected to meet the cost of any pay movement in the foreseeable future. Some organisations have already announced there will be no remuneration adjustments in 2009, particularly for those in senior positions.

The groups or individuals whose remuneration is set by the Authority cannot stand outside this reality.

There may, however, be groups or individuals within the private and public sectors whose special circumstances may warrant an adjustment during 2009.

It is the view of the Authority that there are no special circumstances in the case of the coroners that would warrant a remuneration adjustment this year.

The Authority reviewed the relationship between coroners and other branches of the judiciary that existed during 2008. The Authority was of the view that this was neither so well established nor yet broadly accepted as to require a movement in remuneration in the current circumstances.

This determination therefore maintains the current remuneration of coroners until 31 December 2009.

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

Date of notification in Gazette: 23 April 2009.

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 Coroners (Salaries and Superannuation) Determination 2009. The reprint incorporates all the amendments to the determination as at 13 April 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)

Coroners (Salaries and Superannuation) Determination 2012 (SR 2012/67): clause 9(c)

Coroners (Salaries and Superannuation) Determination 2009 (SR 2009/106): clause 3

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Coroners (Salaries and Superannuation) Determination 2009