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Local Government Act 2002

Consequential amendments, repeals, revocations, transitional provisions, and savings - Savings

312: Savings and validation in respect of remuneration, allowances, and expenses of elected members

You could also call this:

“Rules for paying elected local government members remain valid during law changes”

This law talks about how people who are elected to local government roles get paid and what expenses they can claim. Here’s what you need to know:

Any documents about pay and expenses for elected members that were in place before a change in the law in 2001 are still valid. These documents will stay in effect until the Remuneration Authority makes new decisions about pay and expenses.

The old rules about pay and expenses are treated as if they were still in effect for a certain period of time, even though the law changed in 2001.

The Remuneration Authority can make new decisions that replace the old documents about pay and expenses. They can do this using either the old law (with some changes) or the new law.

There’s a special rule for the Greytown District Trust Lands Act 1979. The part of this law that talks about paying fees to trust board members stayed in effect until this new law started. It will continue to be valid until either:

  1. A new pay rate for trust board members is approved under the Fees and Travelling Allowances Act 1951, or
  2. The end of 30 April 2003, whichever comes first.

This law makes sure that there are no gaps in the rules about how elected members get paid and what expenses they can claim, even when the laws change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174245.

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Part 12 Consequential amendments, repeals, revocations, transitional provisions, and savings
Savings

312Savings and validation in respect of remuneration, allowances, and expenses of elected members

  1. Every determination, resolution, or other document which was in force under Part 4C of the Local Government Act 1974 immediately before the commencement of section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001—

  2. is deemed to have continued in force until the commencement of this section; and
    1. is to continue in force after the commencement of this section until it is superseded or revoked by a determination made by the Remuneration Authority under—
      1. Part 4C of the Local Government Act 1974 (as amended by section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001); or
        1. this Act.

        2. In relation to the period beginning with the commencement of section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 and ending with the commencement of this section, the provisions of Part 4C of the Local Government Act 1974 are deemed to have had effect as if that section had not been enacted.

        3. The provisions of Part 4C of the Local Government Act 1974 (in the form of which they were immediately before the commencement of section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001) continue to have effect in relation to any determination, resolution, or other document to which subsection (1) of this section applies until the determination, resolution, or document is superseded or revoked by a determination made by the Remuneration Authority under—

        4. Part 4C of the Local Government Act 1974 (as amended by section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001); or
          1. this Act.

            1. A determination made by the Remuneration Authority under Part 4C of the Local Government Act 1974 (as amended by section 4 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001) or this Act may revoke any determination, resolution, or other document to which subsection (1) of this section applies.

            2. Despite subsections (1) to (4) and the provisions of sections 4 and 5 of the Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001, the provision made by section 14(aa) of the Greytown District Trust Lands Act 1979 for the payment of a fee to members of the trust board within the meaning of that Act—

            3. is deemed to have continued in force until the commencement of this section; and
              1. continues in force after the commencement of this section until the earlier of—
                1. the date on which the rate of the remuneration payable to members of that trust board is first approved after the commencement of this section under the Fees and Travelling Allowances Act 1951; or
                  1. the close of 30 April 2003.