This determination, which is deemed to have come into force on 1 July 2022, amends the Local Government Members (2022/23) Determination 2022 (the principal determination).

Clauses 4 and 5 amend clauses 11 and 12 of the principal determination, which set out the vehicle-kilometre allowance and travel-time allowance (the allowances) payable by a local authority to a member for costs incurred for eligible travel.

Clauses 11(4) and 12(4) of the principal determination state that if a member resides outside a local authority area and travels to the local authority area, the member’s eligibility for the allowances begins after they cross the boundary of the local authority area. The amendments enable a member to apply to the Remuneration Authority for an exemption from clauses 11(4) and 12(4) if—

• the member’s primary place of residence was outside the local authority area at the time of the local election; or

• an exceptional circumstance beyond the member’s control requires them to move outside the local authority area.

Because the payment of allowances within the limits of the principal determination is discretionary, any decision to provide for members to apply for an extension of those allowances under new clauses 11(5) and 12(4A) is also discretionary. A council that pays allowances to elected members may choose not to include in its expenses and reimbursement policy provision for members to apply for an extension.