This determination is the Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010.

This determination comes into force, in respect of the Auckland Council and local boards, on the day on which the successful candidates in the 2010 local body elections come into office under section 115 of the Local Electoral Act 2001.

This determination expires on the close of 30 June 2011.

In this determination, unless the context otherwise requires,—

(1) The remuneration, expenses, and allowances payable to the members of the Auckland Council are—

• (a) the remuneration set out in Schedule 1; and

• (b) the expenses and allowances payable in accordance with clauses 9 to 13; and

• (c) the resource consent hearing fees payable in accordance with clause 14; and

• (d) to members other than the mayor, the deputy mayor, and members who are chairpersons of committees of the whole, an establishment allowance of $4,667.

(2) A member of the Auckland Council is not entitled to be paid a meeting fee other than a resource consent hearing fee.

(3) Despite subclause (2), the mayor of Auckland is not entitled to be paid a resource consent hearing fee.

(1) The remuneration, expenses, and allowances payable to the members of local boards are—

• (a) the remuneration set out in Schedule 2; and

• (b) the expenses and allowances payable in accordance with clauses 9 to 13; and

• (c) the resource consent hearing fees payable in accordance with clause 14.

(2) A member of a local board is not entitled to be paid a meeting fee other than a resource consent hearing fee.

(1) In this determination, resource consent hearing means—

• (a) a hearing arising from a resource consent application made under section 88 of the Resource Management Act 1991; or

• (b) a hearing arising from a notice of requirement given under section 168 of the Resource Management Act 1991; or

• (c) a pre-hearing meeting held under section 99 of the Resource Management Act 1991 in relation to a hearing referred to in paragraph (a) or (b); or

• (d) a hearing relating to a private change in a district or regional plan or policy statement requested under clause 21 of Schedule 1 of the Resource Management Act 1991; or

• (e) a mediation hearing in the Environment Court as part of an appeal from a decision of the Auckland Council; or

• (f) a hearing on an objection against a charge fixed by the Auckland Council under section 36 of the Resource Management Act 1991.

(2) In this determination, resource consent hearing does not include—

• (a) a hearing of submissions as part of the process of the preparation of a district or regional plan or policy statement; or

• (b) a hearing relating to a change or variation in a district or regional plan or policy statement requested by the Auckland Council or a local board; or

• (c) a hearing relating to a notice of requirement initiated by the Auckland Council or a local board; or

• (d) any other hearing not specified in subclause (1).

(1) In this determination, hearing time—

• (a) means the time spent by a member hearing a matter referred to in clause 7(1); and

• (b) includes the time spent by a member—

  • (i) at any formal committee deliberations in relation to a resource consent hearing; and

  • (ii) at a formal site inspection as part of a group inspection or a part of a pre-hearing meeting described in clause 7(1)(c); and

  • (iii) determining a notified resource consent application where a formal hearing does not take place.

(2) In this determination, hearing time does not include the time spent by a member—

• (a) preparing for a resource consent hearing; or

• (b) inspecting a site, except where subclause (1)(b)(ii) applies.

(1) The Auckland Council may reimburse members for expenses in accordance with rules determined by the Remuneration Authority.

(2) The Auckland Council may reimburse the members of its local boards for expenses in accordance with rules determined by the Remuneration Authority.

(3) The Auckland Council must, during the hours that its offices are open to the public, allow members of the public to inspect the rules described in subclauses (1) and (2).

(1) The Auckland Council may pay a member or a member of a local board a vehicle mileage allowance for travel by the member on a day, but only if—

• (a) the member is not otherwise provided with a vehicle by the Council; and

• (b) the distance travelled by the member on the day exceeds the threshold distance; and

• (c) the travel is—

  • (i) in a private vehicle; and

  • (ii) on the Council's business; and

  • (iii) by the most direct route that is reasonable in the circumstances.

(2) The vehicle mileage allowance payable to a member in respect of a day is payable only for that part of the member's travel that exceeds the threshold distance.

(3) The maximum vehicle mileage allowance payable to a member in a 12-month period (pro-rated for the period of this determination) is—

• (a) $0.70 per kilometre for the first 5 000 kilometres:

• (b) $0.35 per kilometre for any distance over 5 000 kilometres.

(4) In this clause,—

(1) The Auckland Council may pay a member or a member of a local board a travel time allowance for travel by the member on a day, but only if—

• (a) the travel time of the member on the day exceeds the threshold time; and

• (b) the travel is on the Council's business; and

• (c) the travel is by the quickest form of transport reasonable in the circumstances; and

• (d) the office of the member cannot be properly regarded as a full-time position.

(2) The travel time allowance payable to a member in respect of a day is payable only for that part of the member's travel that exceeds the threshold time.

(3) The maximum amount payable is $15 per hour.

(4) In this clause,—

(1) The Auckland Council may pay a communications allowance to members and members of its local boards for expenses relating to 1 or more of the following:

• (a) a mobile telephone:

• (b) a computer or ancillary equipment:

• (c) an Internet connection.

(2) The maximum amount of the allowance is $500 for each member for the period of this determination.

(3) However, the allowance is not payable to a member to the extent that the Auckland Council provides him or her with—

• (a) the use of a mobile telephone; or

• (b) the use of a computer and ancillary equipment; or

• (c) an Internet connection.

(1) The Auckland Council may pay allowances other than those set out in clauses 10 to 12 to members and members of its local boards in accordance with rules determined by the Remuneration Authority.

(2) The Auckland Council must, during the hours that its offices are open to the public, allow members of the public to inspect the rules described in subclause (1).

(1) A member of the Auckland Council or one of its local boards who acts as the chairperson of a resource consent hearing is entitled to be paid a fee of $85 per hour of hearing time.

(2) A member of the Auckland Council or one of its local boards who is not the chairperson of a resource consent hearing is entitled to be paid a fee of $68 per hour of hearing time.

(3) For any period of hearing time that is less than 1 hour, the fee must be apportioned accordingly.

(4) Despite subclauses (1) and (2), a resource consent hearing fee for a pre-hearing meeting held under section 99 of the Resource Management Act 1991 is payable to only 1 member.

(5) Despite subclauses (1) and (2), resource consent hearing fees are not payable to the mayor or the chairperson of a local board.