2015/184
Local Government Elected Members (2015/16) (Auckland Council and Local Boards) Determination 2015
Pursuant to clause 6 of Schedule 7 of the Local Government Act 2002, and to the Remuneration Authority Act 1977, the Remuneration Authority, after having regard to the matters specified in clause 7 of that schedule, makes the following determination (to which is appended an explanatory memorandum).
Contents
1
Title
2
Commencement
3
Expiry
4
Interpretation
5
Meaning of ATA resource consent hearing
6
Meaning of ATA panel hearing time
7
Meaning of RMA resource consent hearing
8
Meaning of RMA hearing time
Auckland Council members
9
Remuneration and allowances payable to members of Auckland Council
Local board members
10
Remuneration and allowances payable to members of local boards
Allowances
11
Vehicle mileage allowance
12
Travel time allowance
13
Communications allowance
Resource consent hearing fees
14
Fees for attending ATA resource consent hearing
15
Fees for attending RMA resource consent hearing
Miscellaneous matters
16
Application of certain allowances if determination continues after expiry
17
Revocations
Schedule 1 Remuneration of members of Auckland Council
Schedule 2 Remuneration of members of local boards
Explanatory memorandum
Administrative Information
Determination
1 Title
This determination is the Local Government Elected Members (2015/16) (Auckland Council and Local Boards) Determination 2015.
2 Commencement
This determination is deemed to have come into force on 1 July 2015.
3 Expiry
This determination expires on the close of 30 June 2016.
4 Interpretation
In this determination, unless the context otherwise requires,—
ATA panel means a panel appointed by the Auckland Council under section 89 of HASHA
ATA panel hearing time has the meaning given by clause 6
ATA resource consent hearing has the meaning given by clause 5
ATA resource consent hearing fee means a fee payable in accordance with clause 14 for attending an ATA resource consent hearing
Auckland Council or Council means the Auckland Council established by section 6 of the Local Government (Auckland Council) Act 2009
HASHA means the Housing Accords and Special Housing Areas Act 2013
local board means a local board established under section 10 of the Local Government (Auckland Council) Act 2009
member,—
(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 as any 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):
(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)
RMA means the Resource Management Act 1991
RMA hearing time has the meaning given by clause 8
RMA resource consent hearing has the meaning given by clause 7
RMA resource consent hearing fee means a fee payable in accordance with clause 15 for attending a resource consent hearing.
5 Meaning of ATA resource consent hearing
(1)
In this determination, ATA resource consent hearing means a hearing that—
(a)
is held by an ATA panel; and
(b)
arises from—
(i)
an application for a resource consent under subpart 2 of Part 2 of HASHA:
(ii)
a request for a plan change or for a variation to a proposed plan under subpart 3 of Part 2 of HASHA.
(2)
To avoid doubt, in this determination, ATA 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
(b)
a hearing relating to a change or variation in a district or regional plan requested by a council or a local board; or
(c)
any other hearing not specified in subclause (1).
6 Meaning of ATA panel hearing time
(1)
In this determination, ATA panel 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 ATA panel deliberations in relation to an ATA resource consent hearing; and
(ii)
at a formal site inspection as part of a group inspection; and
(iii)
in determining a notified ATA resource consent application where a formal hearing does not take place.
(2)
In this determination, ATA panel hearing time—
(a)
also includes the time spent by a member—
(i)
preparing for an ATA resource consent hearing; or
(ii)
inspecting a site, not being a formal site inspection under subclause (1)(b)(ii); but
(b)
does not include the time referred to in paragraph (a) to the extent that it exceeds the aggregate of the time spent by the member—
(i)
hearing a matter referred to in clause 5(1); and
(ii)
on the formal deliberations referred to in subclause (1)(b)(i).
7 Meaning of RMA resource consent hearing
(1)
In this determination, RMA 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 request for a change to a district or regional plan or policy statement 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 the Auckland Council; or
(f)
a hearing on an objection against a charge fixed by the Council under section 36 of the RMA.
(2)
To avoid doubt, in this determination, RMA resource consent hearing does not include—
(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 Council or the local board; or
(c)
a hearing relating to a notice of requirement initiated by the Council or the local board; or
(d)
any other hearing not specified in subclause (1).
8 Meaning of RMA hearing time
(1)
In this determination, RMA 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 an RMA 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 7(1)(c); and
(iii)
in determining a notified resource consent application where a formal hearing does not take place.
(2)
In this determination, RMA hearing time—
(a)
also includes the time spent by a member—
(i)
preparing for an RMA resource consent hearing; or
(ii)
inspecting a site, not being a formal site inspection under subclause (1)(b)(ii); but
(b)
does not include the time referred to in paragraph (a) to the extent that it exceeds the aggregate of the time spent by the member—
(i)
hearing a matter referred to in clause 7(1); and
(ii)
on the formal deliberations referred to in subclause (1)(b)(i).
Auckland Council members
9 Remuneration and allowances payable to members of Auckland Council
The remuneration and allowances payable to the members of the Auckland Council are—
(a)
the remuneration set out in Schedule 1; and
(b)
the allowances payable in accordance with clauses 11 and 13.
Local board members
10 Remuneration and allowances payable to members of local boards
(1)
The remuneration and allowances payable to the members of local boards are—
(a)
the remuneration set out in Schedule 2; and
(b)
the allowances payable in accordance with clauses 11 to 13; and
(c)
the ATA resource consent hearing fees payable in accordance with clause 14; and
(d)
the RMA resource consent hearing fees payable in accordance with clause 15.
(2)
A member of a local board is not entitled to be paid a meeting fee other than an RMA resource consent hearing fee or an ATA resource consent hearing fee.
Allowances
11 Vehicle mileage allowance
(1)
The Auckland Council may pay a member of the Council or a member of a local board a vehicle mileage allowance for travel by the member.
(2)
An allowance may be paid to a member under subclause (1) for each day within the period of this determination that—
(a)
the member is not 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 member is travelling—
(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.
(3)
The allowance is payable, in relation to each day for which the member qualifies under subclause (2),—
(a)
in accordance with subclause (4); but
(b)
only for the distance travelled on the day that exceeds the threshold distance.
(4)
The vehicle mileage allowance payable to a member is—
(a)
no more than $0.77 per kilometre for the first 5 000 kilometres travelled within the period of this determination for which the allowance is payable:
(b)
no more than $0.37 per kilometre for any distance over 5 000 kilometres travelled within the period of this determination for which the allowance is payable.
(5)
If a member is not a member for the whole of the period of this determination, subclause (4) applies as if each reference to 5 000 kilometres were replaced by a reference to the number of kilometres calculated in accordance with the following formula:
(a ÷ b) × 5 000
where—
a
is the number of days during the period of this determination that the member held office
b
is the number of days in the period of this determination.
(6)
In this clause,—
on the Council’s business includes—
(a)
on the business of any local board; and
(b)
travel between a member’s residence and an office of the Auckland Council or a local board
threshold distance means the shorter of the following distances:
(a)
the distance equivalent to a round trip between the member’s residence and the nearest office of the Auckland Council by the most direct route that is reasonable in the circumstances; and
(b)
30 kilometres, if the distance equivalent to a round trip between the member’s residence and the nearest office of the Auckland Council is greater than 30 kilometres by the most direct route that is reasonable in the circumstances.
12 Travel time allowance
(1)
The Auckland Council may pay a member of a local board a travel time allowance if the office of the member cannot be properly regarded as a full-time position.
(2)
An allowance may be paid to a member under subclause (1) for each day within the period of this determination that—
(a)
the member is travelling—
(i)
on the Council’s business; and
(ii)
by the quickest form of transport reasonable in the circumstances; and
(b)
the travel time of the member exceeds 1 hour.
(3)
The allowance is payable, in relation to each day for which the member qualifies under subclause (2),—
(a)
at no more than $35 per hour; but
(b)
only in respect of the travel for that day that exceeds 1 hour.
(4)
In this clause, on the Council’s business includes—
(a)
on the business of any local board; and
(b)
travel between a member’s residence and an office of the Auckland Council or a local board.
13 Communications allowance
(1)
If the Auckland Council determines that particular communications equipment and services are required by members of the Council or members of a local board to perform their functions, and members choose or are required to use their own equipment and communication services, the Council may pay an allowance for the period of this determination in accordance with this clause.
(2)
The amounts and matters in respect of which the allowance is payable are as follows:
(a)
for the use of a personal computer, $150:
(b)
for the use of an electronic tablet, $150:
(c)
for the use of a printer (with or without a scanner), $40:
(d)
for use of a mobile phone, $60:
(e)
for an Internet connection (with or without a telephone connection), $250:
(f)
for council-related toll and mobile phone charges, $400.
(3)
The total amount payable to a member under subclause (2) must not exceed $1,050.
(4)
If the member is not a member for the whole of the period of this determination, subclauses (2) (and (3) apply as if each reference to an amount were replaced by a reference to an amount calculated in accordance with the following formula:
(a ÷ b) × c
where—
a
is the number of days during the period of this determination that the member held office
b
is the number of days in the period of this determination
c
is the relevant amount specified in subclause (2) or (3).
(5)
The Remuneration Authority may approve rules proposed by the Auckland Council to meet the costs of installing and running special equipment or connections where, because of distance or restricted access, normal communications connections are not available.
Resource consent hearing fees
14 Fees for attending ATA resource consent hearing
(1)
A member of a local board who acts as the chairperson of an ATA resource consent hearing is entitled to be paid a fee of $100 per hour of ATA panel hearing time.
(2)
A member of a local board who is not the chairperson of an ATA resource consent hearing is entitled to be paid a fee of $80 per hour of ATA panel 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), ATA resource consent hearing fees are not payable to the chairperson of a local board.
(5)
To avoid doubt, ATA resource consent hearing fees are not payable to the mayor or members of the Auckland Council.
15 Fees for attending RMA resource consent hearing
(1)
A member of a local board who acts as the chairperson of an RMA resource consent hearing is entitled to be paid a fee of $100 per hour of RMA hearing time.
(2)
A member of a local board who is not the chairperson of an RMA resource consent hearing is entitled to be paid a fee of $80 per hour of RMA hearing time.
(3)
For any period of hearing time that is less than 1 hour, the fee must be apportioned accordingly.
(4)
Despite subclauses (1) and (2), an RMA resource consent hearing fee for a pre-hearing meeting held under section 99 of the RMA is payable to only 1 member.
(5)
Despite subclauses (1) and (2), RMA resource consent hearing fees are not payable to the chairperson of a local board.
(6)
To avoid doubt, RMA resource consent hearing fees are not payable to the mayor or members of the Auckland Council.
Miscellaneous matters
16 Application of certain allowances if determination continues after expiry
(1)
This clause applies if this determination continues in force after its expiry under clause 7A(4) of Schedule 7 of the Local Government Act 2002.
(2)
Clauses 11(4) and (5) and 13(1) to (4) apply as if this determination—
(a)
had come into force on the day after its expiry; and
(b)
were to expire on 30 June 2017.
17 Revocations
The following determinations are revoked:
(a)
Local Government Elected Members (2014/15) (Auckland Council and Local Boards) Determination 2014 (LI 2014/143); and
(b)
Local Government Elected Members (2013/15) (Auckland Local Boards—ATA Panel Hearings) Determination 2014 (LI 2014/185).
Schedule 1 Remuneration of members of Auckland Council
cl 9(a)
Office
Annual salary ($)
Mayor of Auckland
265,500
Deputy Mayor of Auckland
149,600
Chair of committee of the whole (3)
123,500
Councillor (16)
104,250
Mayoral car
Full private use
Schedule 2 Remuneration of members of local boards
cl 10(1)(a)
Albert–Eden Local Board
Office
Annual salary ($)
Chairperson
86,700
Member
42,100
Devonport–Takapuna Local Board
Office
Annual salary ($)
Chairperson
76,720
Member
41,200
Franklin Local Board
Office
Annual salary ($)
Chairperson
77,610
Member
40,500
Great Barrier Local Board
Office
Annual salary ($)
Chairperson
52,630
Member
23,000
Henderson–Massey Local Board
Office
Annual salary ($)
Chairperson
89,760
Member
42,600
Hibiscus and Bays Local Board
Office
Annual salary ($)
Chairperson
84,120
Member
41,800
Howick Local Board
Office
Annual salary ($)
Chairperson
93,990
Member
42,800
Kaipatiki Local Board
Office
Annual salary ($)
Chairperson
83,300
Member
41,600
Mangere–Otahuhu Local Board
Office
Annual salary ($)
Chairperson
81,410
Member
41,700
Manurewa Local Board
Office
Annual salary ($)
Chairperson
83,820
Member
41,700
Maungakiekie–Tamaki Local Board
Office
Annual salary ($)
Chairperson
80,700
Member
41,500
Orakei Local Board
Office
Annual salary ($)
Chairperson
82,860
Member
41,900
Otara–Papatoetoe Local Board
Office
Annual salary ($)
Chairperson
82,550
Member
41,900
Papakura Local Board
Office
Annual salary ($)
Chairperson
73,390
Member
40,600
Puketapapa Local Board
Office
Annual salary ($)
Chairperson
76,510
Member
41,200
Rodney Local Board
Office
Annual salary ($)
Chairperson
75,000
Member
40,100
Upper Harbour Local Board
Office
Annual salary ($)
Chairperson
74,735
Member
40,900
Waiheke Local Board
Office
Annual salary ($)
Chairperson
58,560
Member
24,600
Waitakere Ranges Local Board
Office
Annual salary ($)
Chairperson
74,540
Member
40,800
Waitemata Local Board
Office
Annual salary ($)
Chairperson
79,560
Member
41,300
Whau Local Board
Office
Annual salary ($)
Chairperson
81,410
Member
41,700
Dated at Wellington this 22nd day of July 2015.
John Errington,Chairman.
Angela Foulkes,Member.
Explanatory memorandum
This memorandum is not part of the determination, but is intended to indicate its general effect.
This determination is deemed to have come into force on 1 July 2015 and expires on the close of 30 June 2016. The determination sets the remuneration for the members of the Auckland Council and its local boards for that period.
The Remuneration Authority has had the responsibility for establishing remuneration for the Auckland Council since before that council was established.
We have undertaken 2 job-sizing reviews since 2010, and will be undertaking a further review before the 2016 elections.
In setting the remuneration for 2015, we confront issues that become sharper each year.
Auckland City is the home of almost a third of the New Zealand population. The Auckland Council has an annual budget of over $3 billion and a staff of 8 800. It is a city where there are extremes of wealth and poverty, and where raising the funds to maintain and enhance infrastructure and community services is placing pressure on all ratepayers and is causing significant community concern.
The governance of the city is unique in New Zealand and there can be little doubt that the pressure on the 20-plus members of the governing body and around 100 local board members, particularly during the development phase of the city’s long-term strategy, has been immense.
Since the establishment of the Auckland Council, we have taken an extremely conservative approach to setting remuneration, to some extent with the expectation that workloads might reduce as the consolidation of the city occurred.
The initial remuneration established for the Auckland Council represented a saving of $1.2 million on previous expenditure. While we are unable to accurately assess the situation as if amalgamation had not occurred, it is still our view that the remuneration costs of governance are significantly lower than they would have been without the restructure.
We are, however, confronted by 2 stark choices.
To provide remuneration for a councillor at 80% of the public sector remuneration for a position with the appropriate skills would require an increase of at least 20%. For positions with additional responsibilities (such as the Deputy Mayor and committee chairs), the increase would be significantly higher.
Remuneration for local boards is currently closer to a figure we deem fair to the incumbents, but it is still significantly behind other public sector remuneration, and especially so for local board chairpersons.
We clearly cannot, and will not, implement such increases because it would not be fair to ratepayers.
We have determined to increase remuneration for the governing body by an average of 2.3% (rounded) and have applied increases of between 3.4% and 6% to local boards. The 2.3% figure mirrors annual movements in mid-level public sector positions and, combined with the increases for local boards, keeps the increase in governance costs close to the general rate increase.
Some may consider that the Auckland Council’s remuneration is too high and that increases in remuneration for senior people in business and in the economy are not warranted. On the other hand, the Auckland Council is required to lead one of the most significant contributors to the national economy, and the remuneration of its members is significantly discounted against public sector remuneration.
We believe that to pay members of the Auckland Council less than the amounts in this determination would be patently unfair to the incumbents. We believe that the remuneration we have set is fair in the current economic circumstances, but we also believe that a more substantial debate on the expectations put on local government members is warranted.
There are no other changes to conditions or allowances included in our determination.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 30 July 2015.
