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Remuneration Authority Act 1977

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Special rules for paying MPs during changes to the law"

Illustration for Remuneration Authority Act 1977

The Remuneration Authority Act 1977 has some special rules. You need to know about these rules when it comes to paying members of Parliament. These rules are called transitional, savings, and related provisions.

Some of these rules are about how much members of Parliament get paid. For example, the Parliamentary Salaries and Allowances Determination 2015 does not apply to salaries. But the Parliamentary Salaries and Allowances Determination 2013 does apply to salaries.

There are also rules about when these determinations start and end. The Authority must make a new determination for the period from 1 July 2014 to 30 June 2015. This determination must follow the Remuneration Authority Act 1977 and the Members of Parliament (Remuneration and Services) Act 2013.

The Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 also changed some rules. The Authority must issue a new determination for the period from 1 July 2019 to the next general election. Any other determination that is already in force will be revoked, but it will still apply until the new one starts.

If the new determination sets different salaries or allowances, the Parliamentary Service must reconcile the amounts paid. This means they will check if members of Parliament were paid the right amount and make any necessary adjustments. The new determination overrides some other rules, like the one that says a determination must continue in force until its expiry date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6417122.

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"Rules about pay rates stay the same until new ones are made."

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1AATransitional, savings, and related provisions Empowered by s 3A

1Provisions relating to Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015

1Parliamentary Salaries and Allowances Determination 2015 has no effect in relation to salaries

  1. Clause 5 and Schedule 1 of the Parliamentary Salaries and Allowances Determination 2015—

  2. are deemed not to have come into force on the date specified in clause 2 of that determination; and
    1. are revoked.

      Notes
      • Schedule 1AA clause 1: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5).

      2Parliamentary Salaries and Allowances Determination 2013 has effect in relation to salaries

      1. Clause 5 and Schedule 1 of the Parliamentary Salaries and Allowances Determination 2013 (the determination)—

      2. are deemed to have continued to have effect on and from 1 July 2014; and
        1. continue to apply as if the expiry date specified in clause 3 of the determination were 30 June 2015.

          1. For the purposes of section 69(2) of the Members of Parliament (Remuneration and Services) Act 2013, clause 5 and Schedule 1 of the determination are deemed not to have been superseded by the Parliamentary Salaries and Allowances Determination 2015.

          Notes
          • Schedule 1AA clause 2: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5).

          3No acts or omissions unlawful

          1. No act done in accordance with the Parliamentary Salaries and Allowances Determination 2015 (the determination) is unlawful solely because of the revocation of clause 5 and Schedule 1 of the determination.

          2. No omission to act in accordance with any provision of the determination before the date of the revocation of clause 5 and Schedule 1 of the determination is unlawful.

          Notes
          • Schedule 1AA clause 3: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5).

          4Authority to make new determination in relation to salaries

          1. The Authority must make a determination of salary rates for members of Parliament for the period 1 July 2014 to 30 June 2015.

          2. The determination must be made in accordance with this Act and the Members of Parliament (Remuneration and Services) Act 2013, as amended by the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015.

          3. For the purposes of section 18B(2), the salary rates for the previous 12-month period (as defined in that section) are those in Schedule 1 of the Parliamentary Salaries and Allowances Determination 2013.

          4. To avoid doubt, the determination required by subclause (1) may be made before or after 30 June 2015 and with effect for the period described in subclause (1), despite the expiry date specified in clause 2(1)(b) and the requirement in section 19(2) that a determination must continue in force at least until the close of its expiry date.

          Notes
          • Schedule 1AA clause 4: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5).

          2Provisions relating to Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2018

          5Parliamentary Salaries and Allowances Determination 2017 has effect for period 1 July 2018 to 30 June 2019

          1. The Parliamentary Salaries and Allowances Determination 2017 continues to apply as if the expiry date specified in clause 3 of the determination were 30 June 2019.

          Notes
          • Schedule 1AA clause 5: inserted, on , by section 6 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2018 (2018 No 37).

          3Provisions relating to Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019

          6Remuneration Authority to issue determination of salaries and allowances for period 1 July 2019 to polling date for next general election

          1. As soon as practicable after the commencement of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019, the Authority must issue a determination of the salaries and allowances of members of Parliament for the whole of the period beginning on 1 July 2019 and ending on polling day for the next general election.

          2. Section 19(7) and (8) does not apply to the determination to be issued under subclause (1).

          Notes
          • Schedule 1AA clause 6: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 (2019 No 83).

          7Determination revoked

          1. Any determination of the salaries and allowances of members of Parliament that is in force on the commencement of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 is revoked, but must continue in force until it is superseded by the determination issued under clause 6(1).

          Notes
          • Schedule 1AA clause 7: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 (2019 No 83).

          8Amounts paid to be reconciled

          1. Subclause (2) applies if the determination issued under clause 6(1) sets salaries or allowances, or both, for members of Parliament from 1 July 2019 that are different to the salaries and allowances paid to members of Parliament from that date under another determination.

          2. If this subclause applies, the Parliamentary Service must reconcile the salaries and allowances paid to members of Parliament from 1 July 2019 against the salaries and allowances that would have been paid had the determination issued under clause 6(1) been made on 1 July 2019, and any necessary adjustments must be made to pay the amount of any underpayment to affected members of Parliament and to recover the amount of any overpayment from affected members of Parliament.

          Notes
          • Schedule 1AA clause 8: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 (2019 No 83).

          9Clause 6(1) prevails

          1. Clause 6(1) overrides section 19(2).

          2. Sections 18A(3) and 24(1) do not apply to a change in remuneration arising from a determination issued under clause 6(1).

          Notes
          • Schedule 1AA clause 9: inserted, on , by section 9 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 (2019 No 83).