This determination is the Local Government Elected Members (2011/12) (Certain Local Authorities) Determination (No 2) 2011.

This determination is deemed to have come into force on 1 July 2011.

This determination expires on the close of 30 June 2012.

In this determination, unless the context requires another meaning,—

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

• (a) a hearing arising from a resource consent application made under section 88 of the RMA; or

• (b) a hearing arising from a notice of requirement given under section 168 of the RMA; or

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

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

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

• (f) a hearing on an objection against a charge fixed by a local authority under section 36 of the RMA.

(2) To avoid doubt, in this determination, resource consent hearing does not mean—

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

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

• (c) a hearing relating to a notice of requirement initiated by the local authority; 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 5(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 as part of a pre-hearing meeting described in clause 5(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 remuneration and allowances payable to the members of the Otago Regional Council are—

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

• (b) the allowances payable in accordance with clauses 9 to 11; and

• (c) the resource consent hearing fees payable in accordance with clause 12.

(2) Meeting fees payable as remuneration to members of the Council in accordance with Schedule 1 are payable subject to any conditions set out in that schedule.

(3) Despite subclause (2), meeting fees are not payable to the chairperson of the Council.

(1) The remuneration and allowances payable to the members of a territorial authority and its community boards are—

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

• (b) the allowances payable in accordance with clauses 9 to 11; and

• (c) the resource consent hearing fees payable in accordance with clause 12.

(2) Meeting fees payable as remuneration to members of a territorial authority and its community boards in accordance with Schedule 2 are payable subject to any conditions set out in that schedule.

(3) Despite subclause (1), a member of a territorial authority who is appointed to a community board is not entitled to be remunerated for both positions. Instead, the remuneration for the member set out in Schedule 2 includes both the salary and meeting fees payable to the member for holding both offices.

(4) Despite subclause (2), meeting fees are not payable to the mayor of a territorial authority.

(1) A local authority may pay a member or a member of a community 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 local authority; 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 local authority'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 for the period of this determination is—

• (a) $0.74 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) A local authority may pay a member or a member of a community 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 local authority'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) A local authority may pay a communications allowance to members and members of its community 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 $750 for each member for the period of this determination.

(3) However, the allowance is not payable to a member to the extent that the local authority 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) A member of a local authority or one of its community boards who acts as the chairperson of a resource consent hearing is entitled to be paid a fee of $100 per hour of hearing time.

(2) A member of a local authority or one of its community boards who is not the chairperson of a resource consent hearing is entitled to be paid a fee of $80 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 RMA is payable to only 1 member.

(5) Despite subclauses (1) and (2), resource consent hearing fees are not payable to the chairperson of the Otago Regional Council or the mayor of a territorial authority.

(1) This determination does not supersede clauses 9 and 13 of the 2010 Determination or clauses 9 and 13 of the 2010 (No 2) Determination, as the case may be.

(2) Therefore, in accordance with section 19(3) of the Remuneration Authority Act 1977, a local authority may also reimburse a member or a member of a community board for expenses, or pay a member or a member of a community board allowances (other than allowances determined in clauses 9 to 11 of this determination), under those clauses.