Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011
Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011
Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011
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2011/204

Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011
Pursuant to clause 6 of Schedule 7 of the Local Government Act 2002 and the Remuneration Authority Act 1977, the Remuneration Authority makes the following determination (to which is appended an explanatory memorandum).
Contents
Determination
1 Title
This determination is the Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011.
2 Commencement
This determination is deemed to have come into force on the same day as the principal determination came into force.
3 Principal determination amended
This determination amends the Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010.
4 Interpretation
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(1) Clause 4 is amended by revoking the definitions of elected member and expenses rules.
(2) Clause 4 is amended by inserting the following definition in its appropriate alphabetical order:
“member,—
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“(a) in relation to the Auckland Council, means—
“(i) a person who has been declared to be elected under the Local Electoral Act 2001 as the mayor of Auckland or other member of the governing body of the Auckland Council; and
“(ii) a person who, as the result of further election or appointment under that Act, the Local Government Act 2002, or the Local Government (Auckland Council) Act 2009, is an office holder in relation to the Auckland Council (for example, as chairperson of a committee of the council):
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“(b) in relation to a local board, means—
“(i) a person who has been declared to be elected as a member of that local board under the Local Electoral Act 2001; and
“(ii) a person who, as the result of further election or appointment under that Act, the Local Government Act 2002, or the Local Government (Auckland Council) Act 2009, is an office holder in relation to the board (for example, as chairperson of the board)”.
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5 New clause 5 substituted
Clause 5 is revoked and the following clause substituted:
“5 Remuneration, expenses, and allowances payable to members of Auckland Council
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“(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.”
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6 New clause 6 substituted
Clause 6 is revoked and the following clause substituted:
“6 Remuneration, expenses, and allowances payable to members of local boards
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“(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.”
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7 Meaning of resource consent hearing
Clause 7(1) is amended by revoking paragraphs (c) and (d) and substituting the following paragraphs:
“(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”.
8 New clause 8 substituted
Clause 8 is revoked and the following clause substituted:
“8 Meaning of hearing time
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“(1) In this determination, hearing time—
“(a) means the time spent by a member hearing a matter referred to in clause 7(1); and
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“(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.”
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9 New headings and clauses 9 to 14 substituted
Clauses 9 to 14 and the headings above clauses 10 and 12 are revoked and the following headings and clauses substituted:
“Expenses
“9 Expenses may be reimbursed in accordance with rules determined by Remuneration Authority
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“(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).
“Allowances
“10 Vehicle mileage allowance
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“(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
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“(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,—
“on the Council's business includes—
“(a) on the business of any local board of the Auckland Council; and
“(b) travel to and from a member's residence to the offices of the Auckland Council or a local board
“threshold distance means the distance set by the Auckland Council, which must not be less than 30 kilometres.
“11 Travel time allowance
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“(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,—
“on the Council's business includes—
“(a) on the business of any local board of the Auckland Council; and
“(b) travel to and from a member's residence to the offices of the Auckland Council or a local board
“threshold time means the time set by the Auckland Council, which must not be less than 2 hours.
“12 Communications allowance
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“(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.
“13 Other allowances may be paid in accordance with rules determined by Remuneration Authority
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“(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).
“Resource consent hearing fees
“14 Fees for attending resource consent hearing
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“(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 $68 per hour of hearing time.
“(3) For any period of hearing time that is less than 1 hour, the fee must be apportioned accordingly.
“(4) Despite subclauses (1) and (2), a resource consent hearing fee for a pre-hearing meeting held under section 99 of the Resource Management Act 1991 is payable to only 1 member.
“(5) Despite subclauses (1) and (2), resource consent hearing fees are not payable to the mayor or the chairperson of a local board.”
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10 New Schedules 1 and 2 substituted
Schedules 1 and 2 are revoked and the schedules set out in the Schedule of this determination are substituted.
Schedule |
Schedule 1
Remuneration of members of Auckland Councilcl 5(1)(a)
Office Annual salary ($) Mayor of Auckland 240,000 Deputy Mayor of Auckland 120,000 Chair of committees of the whole (3) 96,000 Councillor (16) 80,000
Schedule 2
Remuneration of members of local boardscl 6(1)(a)
Albert–Eden Local Board
Office Annual salary ($) Chairperson 70,000 Deputy Chairperson 52,200 Member 36,200 Devonport–Takapuna Local Board
Office Annual salary ($) Chairperson 57,800 Deputy Chairperson 46,800 Member 34,800 Franklin Local Board
Office Annual salary ($) Chairperson 58,100 Deputy Chairperson 51,600 Member 33,600 Great Barrier Local Board
Office Annual salary ($) Chairperson 38,900 Deputy Chairperson 30,100 Member 20,100 Henderson–Massey Local Board
Office Annual salary ($) Chairperson 73,500 Deputy Chairperson 52,900 Member 36,900 Hibiscus and Bays Local Board
Office Annual salary ($) Chairperson 66,700 Deputy Chairperson 51,600 Member 35,600 Howick Local Board
Office Annual salary ($) Chairperson 78,400 Deputy Chairperson 55,100 Member 37,100 Kaipatiki Local Board
Office Annual salary ($) Chairperson 65,700 Deputy Chairperson 51,400 Member 35,400 Mangere–Otahuhu Local Board
Office Annual salary ($) Chairperson 63,200 Deputy Chairperson 49,400 Member 35,400 Manurewa Local Board
Office Annual salary ($) Chairperson 65,900 Deputy Chairperson 51,400 Member 35,400 Maungakiekie–Tamaki Local Board
Office Annual salary ($) Chairperson 62,300 Deputy Chairperson 49,200 Member 35,200 Orakei Local Board
Office Annual salary ($) Chairperson 65,000 Deputy Chairperson 49,800 Member 35,800 Otara–Papatoetoe Local Board
Office Annual salary ($) Chairperson 64,700 Deputy Chairperson 49,700 Member 35,700 Papakura Local Board
Office Annual salary ($) Chairperson 53,400 Deputy Chairperson 45,700 Member 33,700 Puketapapa Local Board
Office Annual salary ($) Chairperson 57,400 Deputy Chairperson 46,700 Member 34,700 Rodney Local Board
Office Annual salary ($) Chairperson 54,800 Deputy Chairperson 51,000 Member 33,000 Upper Harbour Local Board
Office Annual salary ($) Chairperson 54,900 Deputy Chairperson 46,100 Member 34,100 Waiheke Local Board
Office Annual salary ($) Chairperson 40,500 Deputy Chairperson 30,800 Member 20,800 Waitakere Ranges Local Board
Office Annual salary ($) Chairperson 54,900 Deputy Chairperson 46,100 Member 34,100 Waitemata Local Board
Office Annual salary ($) Chairperson 61,300 Deputy Chairperson 49,000 Member 35,000 Whau Local Board
Office Annual salary ($) Chairperson 63,500 Deputy Chairperson 49,500 Member 35,500
Dated at Wellington this 31st day of May 2011.
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.
This determination amends the Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 (the principal determination) and is deemed to have come into force on the same day as that determination. The principal determination, which was made under the Local Government (Tamaki Makaurau Reorganisation) Act 2009 (that is, before the Auckland Council was established) but continued under section 87 of the Local Government (Auckland Transitional Provisions) Act 2010, sets out the remuneration, expenses, and allowances for the mayor of Auckland, the Auckland councillors, and the chairpersons and members of the 21 local boards established under the new local government structure for Auckland.
As indicated in the principal determination, the Authority consulted on additional remuneration for some members to reflect additional responsibilities. After consultation, the Authority decided the following matters, which are reflected in the amendments made by this determination to the principal determination:
the remuneration of the mayor of Auckland and the chairpersons of local boards is unchanged:
in the case of the governing body, to recognise, by increased remuneration, the positions of deputy mayor and chair of committees of the whole. The Auckland Council was unable to identify any variation in responsibility among other councillors, but requested that a payment be made equally among the remaining council members. Mindful of its commitment in the principal determination to undertake a full review of Auckland Council and local board remuneration during the 2011/2012 financial year, the Authority declined to increase the salary component of councillors until this has taken place. It did, however, agree that the additional duties undertaken by councillors during the establishment period be recognised by an annual allowance. This allowance will be continued for the 2011/2012 financial year. After the setting of remuneration post the review to be undertaken, the allowance will cease in the 2012 year:
in the case of local boards, the Authority also sought recommendations for remuneration for those board members who were required to undertake additional duties. The response of boards varied, with some refusing to make recommendations, some seeking to remunerate all board members additionally, and some establishing a deputy chairperson position. The Authority has determined that it will set a rate for a deputy chairperson of each board to reflect the expected additional responsibilities of such a position. Where a local board determined not to appoint a deputy chairperson, the payment lapses.
Additionally, this determination includes provision for mileage, travel time, and communications allowances that mirror those promulgated for all other local authorities.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 2 June 2011.
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Versions
Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010 Amendment Determination 2011
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