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Salaries, allowances, expenses, and services for members and others
Expenses determined by Minister Responsible for Ministerial Services
95: Minister Responsible for Ministerial Services to determine travel expenses for Ministers

Part 1:
Preliminary provisions

3Purpose 4Outline of this Act 5Interpretation 6Status of guide or outline provisions 7Transitional, savings, and related provisions 8Act binds the Crown

Part 2:
Parliamentary privilege

9Outline of this Part

Preliminary provisions

10Purposes of this Part 11How to interpret this Part 12Interpretation of this Part 13Meaning of proceedings in Parliament

Parliamentary privilege: purpose, content, status, and recognition

14Purposes of privileges, immunities, and powers of House of Representatives 15Content of privileges, immunities, and powers of House of Representatives 16Status and recognition of parliamentary privilege

Article 9 of Bill of Rights 1688

17Effect of Article 9

Prohibited impeaching or questioning of proceedings in Parliament

18Evidence, questions, and statements, etc, about proceedings in Parliament 19Use of confidential documents and oral evidence 20Use of evidence, etc, for interpreting legislation 21Use of evidence, etc, for establishing historical events or other facts 22Operation of subparts 4 and 5 not affected

Protected communication of proceedings in Parliament

Stay of court or tribunal proceedings

23Application of sections 24 and 25 24Speaker’s certificate that communication authorised 25Application and order for stay of proceedings

Qualified immunity

26Communications protected by qualified immunity 27Effect and operation of qualified immunity 28Other laws unaffected

Other provisions relating to parliamentary privilege

Part 3:
Speaker, Deputy Speaker, and parliamentary precincts

40Outline of this Part

Speaker and Deputy Speaker

Delegation of Speaker’s functions, duties, and powers

41Speaker may delegate functions and duties only if Act expressly authorises such delegation 42Speaker may delegate functions, duties, and powers to Deputy Speaker 43Speaker may delegate functions, duties, and powers under Public Finance Act 1989 to head of parliamentary agency 44How Speaker may delegate functions, duties, and powers 45Status and effect of delegations

Speaker may request Public Service Commissioner to perform certain functions

46Speaker may request Public Service Commissioner to perform certain functions under Public Service Act 2020

Authority to act as Speaker

47Deputy Speaker may act as Speaker under this Act or Public Finance Act 1989 48Member with authority to act as Speaker

Speaker and Deputy Speaker at dissolution of Parliament and from polling day

49Deputy Speaker to continue in office despite dissolution or expiration of Parliament 50How to read references to Speaker, Deputy Speaker, and member with authority to act as Speaker during period following general election

Parliamentary precincts

Land, premises, and status

51Parliamentary precincts 52House of Representatives may add land to parliamentary precincts 53Status of parliamentary precincts 54Map of land described in Part 1 of Schedule 2

Speaker’s role in respect of parliamentary precincts

55Speaker controls and administers parliamentary precincts 56Speaker is occupier for purposes of Trespass Act 1980

Part 4:
Salaries, allowances, expenses, and services for members and others

57Outline of this Part 58Administration of salaries, allowances, annuities, expenses, and services

Purposes and interpretation

59Purposes of this Part and Schedule 3

Interpretation

60Interpretation of this Part 61Meaning of adult dependant 62Meaning of authorised funding and services 63Meaning of dependent child 64Meaning of election advertisement 65Meaning of electioneering 66Meaning of eligible candidate 67Meaning of family member

Principles applying to determining and using expenses and services

68Principles applicable to making determinations 69Principles applicable to use of authorised funding and services by members and eligible candidates

Salaries, allowances, and certain expenses determined by Remuneration Authority

Remuneration Authority to determine salaries, allowances, and certain expenses

70Remuneration Authority to determine salaries and allowances 71Remuneration Authority to determine travel and accommodation expenses within New Zealand for certain persons 72Remuneration Authority to determine annuity of former Prime Ministers 73Remuneration Authority to determine travel expenses of former Prime Ministers

Application of Remuneration Authority Act 1977 to determinations made under this Act

74Application of Remuneration Authority Act 1977 to determinations made under this Act

Requirements applicable to determinations about travel and accommodation expenses

75Procedural requirements applying to determinations about travel and accommodation expenses 76How frequently determination must be made 77Remuneration Authority may amend determination 78Remuneration Authority must consult before making determination 79Consultation requirement if expenses result in personal benefit 80Remuneration Authority may require information and obtain independent advice 81Notifying Remuneration Authority’s determinations 82Resolving issues about authorised funding and services determined by Remuneration Authority

Permanent appropriations

83Permanent legislative authority for payment of expenses determined by Remuneration Authority

Expenses and services determined by Speaker

Speaker to determine certain expenses and services authorised funding and services

84Speaker to determine authorised funding and services

Speaker may determine matters relating to information requests and reporting

87ASpeaker may determine matters relating to information requests and reporting

Speaker to determine expenses for certain inter-parliamentary and exchange programmes

88Speaker to determine travel and accommodation expenses for official inter-parliamentary relations and political exchange programmes

Requirements applicable to determinations made under this subpart

89Procedural requirements applying to determinations made under this subpart 90How frequently determinations must be made 91Speaker may amend determination 92Speaker must take advice into account and consult before making determination 93Consultation requirement if expenses result in personal benefit 94Resolving issues about authorised funding and services determined by Speaker

Expenses determined by Minister Responsible for Ministerial Services

95Minister Responsible for Ministerial Services to determine travel expenses for Ministers

Requirements applicable to determinations made under this subpart

96How frequently determinations must be made 97Minister Responsible for Ministerial Services may amend determination 98Minister must consult before making determination 99Consultation requirement if expenses result in personal benefit 100Resolving issues about authorised funding and services determined by Minister Responsible for Ministerial Services

Part 5:
Clerk and Office of the Clerk

101Outline of this Part

Clerk

Appointment, functions, duties, powers, and delegations

102Appointment of Clerk 103Clerk’s functions, duties, and powers 104Clerk requires approval of Minister of Finance to undertake certain financial activities 105Delegation of Clerk’s functions, duties, or powers 106Status of delegations 107Additional provisions relating to Clerk holding office

Deputy Clerk

108Functions, duties, and powers of Deputy Clerk 109Deputy Clerk may perform Clerk’s functions, duties, and powers

Acting Clerk

110Speaker may appoint acting Clerk 111Further matters applying to acting Clerk

Office of the Clerk

112Office of the Clerk continued

Employment

113Clerk appoints employees 114Clerk is employer and may remove employees 115Offence to solicit or attempt to influence Clerk in employment matters 116Additional provisions relating to employment in Office of the Clerk

Other provisions relating to Office of the Clerk

117Immunity for Clerk and employees 118Money to be appropriated by Parliament for purposes of this Part 119Audit 120Right of access to personal information

Part 6:
Parliamentary Service and other parliamentary bodies

121Outline of this Part 122Interpretation of this Part and Schedule 5

Parliamentary Service

Parliamentary Service continued

123Parliamentary Service continued

Functions, duties, and powers

124Principal functions, duties, and powers of Parliamentary Service 125Further functions, duties, and powers of Parliamentary Service

Chief executive: appointment, functions, duties, powers, and delegations

126Appointment of chief executive 127Chief executive’s functions, duties, and powers 128Delegation of chief executive’s functions, duties, or powers 129Status of delegations 130Additional provisions relating to chief executive’s employment

Acting chief executive

131Speaker to appoint acting chief executive

Employment in Parliamentary Service

132Chief executive is employer and appoints and may remove employees 133Appointing and removing parliamentary party employees 134Immunity for chief executive and employees 135Additional provisions relating to employment in Parliamentary Service

Parliamentary security officers

136Appointing parliamentary security officers 137Identity cards 138Immunity of parliamentary security officers and persons assisting them 139Further provisions relating to parliamentary security officers

Offences

140Offence to solicit or attempt to influence chief executive in employment matters 141Offence to resist or obstruct parliamentary security officer or person assisting them

Audit

142Audit

Parliamentary Corporation

Parliamentary Corporation continued

143Parliamentary Corporation continued 144Status of Parliamentary Corporation

Functions, duties, and powers

145Functions, duties, and powers of Parliamentary Corporation 146Specific powers of Parliamentary Corporation 147Parliamentary Corporation requires approval of Minister of Finance to undertake certain financial activities 148No borrowing power

Membership and procedure

149Membership of Parliamentary Corporation 150Chairperson of Parliamentary Corporation 151Chief executive and secretary 152Procedure of Parliamentary Corporation 153Regulation of procedure and performance of functions, duties, and powers

Parliamentary Service Commission

Parliamentary Service Commission continued

154Parliamentary Service Commission continued

Functions, duties, and powers

155Functions, duties, and powers of Parliamentary Service Commission

Membership

156Membership of Parliamentary Service Commission 157Party leader must appoint member or members to represent party 158Resignation or vacation of office

Procedure

159Chairperson of Parliamentary Service Commission 160Procedure for meetings of Parliamentary Service Commission 161Regulation of procedure and performance of functions, duties, and powers

Part 7:
Parliamentary security

162Outline of this Part 163Interpretation of this Part 164Meaning of specified offence 165Speaker’s authority not affected

Application of parliamentary security officers’ powers and duties

166Where parliamentary security officers’ powers and duties may be exercised or performed 167Chief executive may authorise exercise or performance of powers and duties in particular electorate and community office

Powers and duties of parliamentary security officers

Limits on powers and duties

168Limits on parliamentary security officers’ powers and duties

Power to ask for identification

169Power to ask for identification

Search power and related duty

170Power to ask to search 171Duty of parliamentary security officer relating to searches

Powers and duty relating to examining and detaining seizing detected items, and process to be followed

172Power to ask to examine detected items

Process A: pPerson does not hand over detected item

172APowers if person does not hand over detected item

Process B: item Item handed over gives officer reasonable grounds to believe person may recently have committed, or be about to commit, specified offence

172BPower to seize detected item connected to specified offence

Process C: item Item handed over gives officer reasonable grounds to believe item is capable of being used to commit violent offence or is otherwise dangerous

173Power to ask persons to surrender detected item 173ADuty of parliamentary security officer relating to request to surrender detected item

Process D: item Item handed over gives officer reasonable grounds to believe item may constitute threat to security of parliamentary precincts

174Power to ask to take detected item into temporary custody 175Duty of parliamentary security officer relating to request to take detected item into temporary custody

Power to seize item

176Power to seize item

Powers to detain person

177When power to detain person may be exercised 178Power to detain person 179Power to use handcuffs

Other powers

180General power to deny person entry to, or remove person from, parliamentary precincts 181Power to use reasonable force 182Powers included in power to deny entry to, or remove from, parliamentary precincts

Consequences of denial of entry to, or removal from, parliamentary precincts

183Entitlement to enter or re-enter parliamentary precincts if denied entry or removed under certain sections 184Entitlement to enter or re-enter parliamentary precincts if denied entry or removed under section 180 or specific power to deny entry or remove 185Duty of parliamentary security officer to inform of consequences when person denied entry or removed

Limits on powers and duties of parliamentary security officers

186Powers and duties not generally applicable in relation to members, officers of House, and other exempted persons 187Speaker may exempt person from application of powers and duties under this Part 188Powers and duties may not be exercised where parliamentary meeting in progress unless person presiding directs exercise 189Powers not generally applicable if Police involved 190Powers subject to conditions or limitations in notice of appointment

Reporting requirements

190AParliamentary security officer must report exercise of certain powers 190BChief executive must report annually on exercise of specified powers

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Parliamentary precincts

Schedule 3:
Administration of salaries, allowances, annuities, expenses, and services for members and others

Schedule 4:
Additional conditions of Clerk holding office and chief executive’s appointment

Schedule 5:
Employment in parliamentary agencies

Schedule 6:
Procedure of Parliamentary Corporation and Parliamentary Service Commission

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Part 4Salaries, allowances, expenses, and services for members and others
Expenses determined by Minister Responsible for Ministerial Services

95Minister Responsible for Ministerial Services to determine travel expenses for Ministers

The Minister Responsible for Ministerial Services must determine travel expenses to be paid out of public money for travel within New Zealand by Ministers and Parliamentary Under-Secretaries for a ministerial purpose.
Expenses determined under subsection (1) are in addition or alternative to expenses determined by the Speaker under section 84(1)(a).
A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

We haven’t prepared a plain language version of this yet

Part 4Salaries, allowances, expenses, and services for members and othersExpenses determined by Minister Responsible for Ministerial Services

95Minister Responsible for Ministerial Services to determine travel expenses for Ministers

Part 4Salaries, allowances, expenses, and services for members and others
Expenses determined by Minister Responsible for Ministerial Services