Governor-General Act 2010

1: Title
This Act is the Governor-General Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Provisions relating to remuneration, programme funding, and other payments concerning office of Governor-General
Preliminary provisions
3: Act binds the Crown
This Act binds the Crown.
4: Interpretation
In this Act, unless the context otherwise requires,— authorised person section 16 family member
a: a spouse or partner:
b: a child—
i: who is being maintained as a member of the person's family; and
ii: in respect of whom the person either is the sole or principal provider of ongoing daily care for the child or shares ongoing daily care of the child substantially equally with another person; and
iii: who is under 18 years of age; and
iv: who is not living with another person in a marriage, civil union, or de facto relationship financial year section 2(1) partner Salary, allowance, annuity, and other payments
5: Salary of Governor-General
1: The Governor-General must be paid a salary at a rate determined from time to time by the Remuneration Authority.
2: A determination made under this section comes into force on the date specified in the determination, which may be a date that is before, on, or after the date the determination is made.
3: The salary of the Governor-General is payable for the period—
a: starting on the earlier of the following dates:
i: a date agreed between the appointee and the Prime Minister:
ii: the date on which the appointee takes up the duties of the office; and
b: ending on the date on which that person no longer holds office as Governor-General.
4: The salary of the Governor-General must not be reduced during the Governor-General's term of office.
5: A determination under this section is secondary legislation ( see Part 3 1979 No 33 s 3(1)﻿(a), (2), (3), (5), (6) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 5(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
6: Allowance of Governor-General
1: The Governor-General must be paid an allowance, at a rate fixed from time to time by Order in Council, for official expenses.
2: The allowance is payable for the period—
a: starting on the earlier of the following dates:
i: a date agreed between the appointee and the Prime Minister:
ii: the date on which the appointee takes up the duties of the office; and
b: ending on the date on which that person no longer holds office as Governor-General.
3: An Order in Council made under this section comes into force on the date specified in the order, which may be a date that is before, on, or after the date the order is made.
4: An Order in Council under this section is secondary legislation ( see Part 3 1979 No 33 s 3(1)﻿(b), (2), (3), (6) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 6 $37,536 per annum is the allowance payable under this section 15 December 2022 clause 3 Governor-General (Allowance) Order 2022 Section 6(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
7: Sum payable after office of Governor-General becomes vacant
When a person ceases to hold office as Governor-General (other than by reason of death), he or she must be paid a gross lump sum equivalent to the gross salary payable for the last 6 months during which he or she held office. 1979 No 33 s 3(4)
8: Annuity for former Governor-General
1: This section applies to a person who has held the office of Governor-General.
2: If a person to whom this section applies held office as Governor-General for a total period of less than 2 complete years, he or she must be paid an annuity at a yearly rate determined from time to time by the Remuneration Authority.
3: If a person to whom this section applies held office as Governor-General for a total period of 2 complete years or more, he or she must be paid an annuity at a yearly rate, determined from time to time by the Remuneration Authority, for each complete year (not exceeding 5 years) of that total period.
4: The annuity is payable from the date that is 6 months after the date on which the person ceased to hold office as Governor-General.
5: A determination made under this section comes into force on the date specified in the determination, which may be a date that is before, on, or after the date the determination is made.
6: A determination under this section is secondary legislation ( see Part 3 1979 No 33 s 4(1), (3)–(7) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 8(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
9: Annuity for spouse or partner of former Governor-General
1: If a person to whom section 8
2: If a Governor-General dies while in office, the surviving spouse or partner of that person must be paid an annuity at half the yearly rate at which the annuity would have been payable to that person under section 8
3: The annuity under subsection (1) or (2) is payable from the date of death of the person who held office as Governor-General until the spouse or partner dies. 1979 No 33 s 4(2)–(7)
10: Compensation for lost or adversely affected superannuation rights
1: Subsection (2) applies if a person is appointed to the office of Governor-General and, because of the person's acceptance of that office, the superannuation rights of the person who is appointed to the office, or the superannuation rights of the spouse or partner of that person, have been lost or otherwise adversely affected.
2: From the date on which the person appointed to the office of Governor-General ceases to hold that office, compensation must be paid to that person, or to the surviving spouse or partner of that person, of a sum or an annuity, or both, provided for in a written agreement made between that person and the Minister of Finance before that person assumed office as Governor-General.
3: An agreement made between the person appointed to the office of Governor-General and the Minister of Finance for the purposes of this section has effect according to its tenor and—
a: may provide for the payment of contributions by the Governor-General; and
b: if it provides for the payment of an annuity, may provide for any annuity payable under section 8 9 1979 No 33 s 5
11: Payments in respect of other benefits and privileges
1: The terms of the appointment of a person as Governor-General may include an agreement for that person and his or her spouse or partner to be provided with specified benefits or privileges by way of payments in respect of domestic travel and the use of chauffeured cars when he or she no longer holds office as Governor-General.
2: A statement setting out the details of any benefits or privileges paid to or in respect of any former Governor-General under an agreement made under subsection (1) or an agreement referred to in section 28(1)﻿(d) section 45B(2)
3: The statement must show all of the expenses incurred to provide the benefits or privileges. 1979 No 33 s 25(1)﻿(a), (f)
12: Permanent appropriation for salary, allowance, annuities, etc
Expenses may be incurred, without further appropriation than this section, to meet—
a: the salary under section 5 and compulsory remuneration-related payments
b: the allowance under section 6
c: the lump sum under section 7
d: the annuities under sections 8 9
e: compensation under an agreement made under section 10
f: specified benefits and privileges under an agreement made under section 11(1)
g: specified benefits and privileges under an agreement referred to in section 28(1)﻿(d) 1979 No 33 s 2 Section 12(a) amended 26 March 2015 section 4 Governor-General Amendment Act 2015 Funding for Governor-General's programme
13: Governor-General's programme
Expenses may be incurred, without further appropriation than this section, to meet the costs of the Governor-General carrying out his or her duties of office in New Zealand (such as the costs of, and incidental to, travel of the Governor-General, staff of the Governor-General, and his or her family members, and the cost of hosting functions and events, as part of the Governor-General's programme). 1979 No 33 ss 2 6
14: Governor-General's travel outside New Zealand
Expenses may be incurred, without further appropriation than this section, to meet the costs of—
a: the Governor-General carrying out any of his or her duties of office outside New Zealand (such as the costs of, and incidental to, international travel of the Governor-General, staff of the Governor-General, and his or her family members); and
b: travel of the Governor-General designate, his or her family members, and staff of the incumbent Governor-General, for the purpose of the Governor-General designate having an audience with the Sovereign. 1979 No 33 ss 2 6 Administrator of the Government
15: Salary and expenses of Administrator
If the Chief Justice, or the next most senior Judge of the New Zealand judiciary who is able to act, acts as the Administrator of the Government, that person continues to receive the salary of his or her judicial office in respect of the period for which that person acts as the Administrator of the Government. 1979 No 33 s 8
2: Miscellaneous provisions
Conflicting claims
16: Conflicting claims
1: If more than 1 person claims to be entitled to an annuity under section 9
a: whether more than 1 person is entitled to the annuity; and
b: if so, the proportion of the annuity payable to each person entitled to it.
2: If more than 1 person is entitled to an annuity, the total annuity paid to the persons entitled to it must not exceed the amount that would have been paid if only 1 person were entitled to it. 1979 No 33 s 27(1), (2)﻿(a), (4)
17: Appeal against decision of authorised person
1: If a person who claims to be entitled to an annuity under section 9 section 16
2: The High Court Rules 2016 sections 126 to 130 section 124
3: The provisions of the Senior Courts Act 2016 1979 No 33 s 27(5)–(7) Section 17(2) replaced 1 March 2017 section 261 District Court Act 2016 Section 17(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Amendments to Civil List Act 1979
18: Amendments to Civil List Act 1979
Sections 19 20 Civil List Act 1979 2010-11-23 Civil List Act 1979
19: Part 1 repealed
Part 1
20: Appropriation of money for benefits and privileges
1: Section 25(1)﻿(a)
2: Section 25(1)﻿(f) (a), Amendment to Goods and Services Tax Act 1985
21: Amendment to Goods and Services Tax Act 1985
1: This section amends the Goods and Services Tax Act 1985
2: Section 6(3)﻿(c)﻿(i) or the Governor-General Act 2010 2010-11-23 Goods and Services Tax Act 1985 Amendments to Income Tax Act 2007
22: Amendments to Income Tax Act 2007
Sections 23 to 25 Income Tax Act 2007 2010-11-23 Income Tax Act 2007
23: New section CW 16 substituted
Section CW 16
CW 16: Allowance of Governor-General and other benefits and privileges
The following are exempt income:
a: the allowance of the Governor-General, paid under section 6 Governor-General Act 2010
b: any benefit or privilege provided under an agreement made under section 11(1) Governor-General Act 2010 section 28(1)﻿(d)
24: Salary or wages
1: The heading above section RD 5(5) members of Parliament and Governor-General, members of Parliament, and
2: Section RD 5(5)
aa: salary made to the Governor-General:
3: Section RD 5
5B: A payment to a person made under section 7 Governor-General Act 2010
25: Definitions
The definition of employment section YA 1 a member of Parliament or the Governor-General, a member of Parliament, or Transitional and savings provisions in respect of incumbent Governor-General
26: Continuation of incumbent Governor-General's entitlements
1: This section applies to the person who held the office of Governor-General immediately before the commencement of this Act (the incumbent Governor-General
2: The incumbent Governor-General's entitlements and position in respect of salary, allowance, lump sum on leaving office, compensation for lost or adversely affected superannuation rights, and travelling expenses are as if this Act had not been passed.
27: Annuities payable in respect of incumbent Governor-General
To avoid doubt, the annuities payable in respect of the incumbent Governor-General and his or her spouse or partner after the incumbent Governor-General ceases to hold office as Governor-General are payable in accordance with this Act. Validation provisions
28: Validations
1: Nothing in this Act affects the validity of any of the following made before the commencement of this Act:
a: an Order in Council made under section 3
b: a determination made by the Remuneration Authority under section 3 4
c: an agreement made under section 5
d: an agreement, as part of the terms of appointment of a person as Governor-General, for that person to be provided with specified privileges or benefits (whether by way of domestic air travel, the use of chauffeured cars, or any other benefit or privilege) when that person no longer held office as Governor-General.
2: Despite anything in this Act, every annuity in respect of which a determination by the Remuneration Authority has been made under section 4(1) section 8
3: Despite anything in this Act, every annuity in respect of which a determination by the Remuneration Authority has been made under section 4(2) section 8