Civil List Act 1979

1: Short Title and commencement
1: This Act may be cited as the Civil List Act 1979.
2: Except as provided in section 19(4)
2: Grants for civil purposes
The several sums specified in this Act and the several sums determined or fixed under this Act public money 1950 No 99 s 2 Section 2 amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 2 amended 8 March 1985 section 2 Civil List Amendment Act 1985
2A: Meaning of partner
In this Act, partner spouse or partner Section 2A inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005
1: Governor-General
Part 1 repealed 23 November 2010 section 19 Governor-General Act 2010
3: Salary and allowance of Governor-General
Section 3 repealed 23 November 2010 section 19 Governor-General Act 2010
4: Annuity for former Governor-General and spouse
or partner Section 4 repealed 23 November 2010 section 19 Governor-General Act 2010
5: Compensation for lost or adversely affected superannuation rights
Section 5 repealed 23 November 2010 section 19 Governor-General Act 2010
6: Travelling expenses
Section 6 repealed 23 November 2010 section 19 Governor-General Act 2010
7: Power to grant exemptions from taxation
Section 7 repealed 23 November 2010 section 19 Governor-General Act 2010
8: Salary of Administrator
Section 8 repealed 23 November 2010 section 19 Governor-General Act 2010
2: Ministers of the Crown and Parliamentary Under-Secretaries
Part 2 repealed 1 January 1987 section 27 Constitution Act 1986 Ministers of the Crown Heading repealed 1 January 1987 section 27 Constitution Act 1986
9: Ministers to be members of Parliament
Section 9 repealed 1 January 1987 section 27 Constitution Act 1986
10: Order of precedence of Ministers
Section 10 repealed 1 January 1987 section 27 Constitution Act 1986 Parliamentary Under-Secretaries Heading repealed 1 January 1987 section 27 Constitution Act 1986
11: Appointment of Parliamentary Under-Secretaries
Section 11 repealed 1 January 1987 section 27 Constitution Act 1986
12: Term of office
Section 12 repealed 1 January 1987 section 27 Constitution Act 1986
13: Notice of appointment and vacation of office
Section 13 repealed 1 January 1987 section 27 Constitution Act 1986
14: Functions of Parliamentary Under-Secretaries
Section 14 repealed 1 January 1987 section 27 Constitution Act 1986
15: Execution of instruments by Parliamentary Under-Secretary
Section 15 repealed 1 January 1987 section 27 Constitution Act 1986
3: Remuneration of Ministers of the Crown, Parliamentary Under-Secretaries, and members of Parliament
16: Salaries and allowances to be fixed by
Remuneration Authority
1: The Remuneration Authority Remuneration Authority
2: Such salaries and allowances may differ in accordance with the office that the member of Parliament holds (whether or not that office is specified in subsection (1)) or with the electorate that the member represents or in accordance with such other considerations as may be determined by the Remuneration Authority
3: The salaries and allowances fixed pursuant to subsection (1) shall be payable in every year out of public money 1950 No 99 s 27 s 33(1) Section 16 heading amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 16(1) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 16(2) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 16(3) amended 1 July 1989 section 86(1) Public Finance Act 1989
17: Speaker of House of Representatives and Chairman of Committees
The person holding the office of Speaker of the House of Representatives at the time of the dissolution of any Parliament and the person holding the office of Chairman of Committees of the House of Representatives at that time shall, for the purposes of this Act, each be deemed to hold his office until the first meeting of the next Parliament or, if he sooner dies, until the date of his death. 1950 No 99 ss 19(2), 20(2)
18: Salaries and allowances of members of Parliament
1: The salary and allowance of each member of Parliament shall be payable in respect of the period commencing on the day after polling day for the election at which the member is elected and ending with the earlier of the following days:
a: polling day for the next general election of members of Parliament:
b: the day on which the member's seat becomes vacant, by death or otherwise.
2: Notwithstanding subsection (1), where a member is returned unopposed at a by-election that is not contested, the period in respect of which the salary and allowance of that member shall be payable shall commence on the day on which the Returning Officer publicly declares that member to be elected.
3: Notwithstanding subsection (1), where any person who was a member immediately before the dissolution of any Parliament is not a candidate at the next general election of members of Parliament or is an unsuccessful candidate at that general election
a: in the case of a person who was a Minister of the Crown or a member of the Executive Council or a Parliamentary Under-Secretary
b: in the case of any other person, in respect of the period commencing on the day after polling day and ending with the day 3 months after polling day or, if that person sooner dies, with the date of that person's death.
4: The payment of the salary and allowance of a member of Parliament shall not be made to any member of Parliament for any period during which that member is in receipt of any other salary payable under this Act.
5: In this section the expression polling day 1950 No 99 s 22(1), (2), (4) 1954 No 27 s 2(1) 1973 No 120 s 3(1) Section 18(3) amended 1 January 1987 section 27 Constitution Act 1986 Section 18(3)(a) amended 8 March 1985 section 6 Civil List Amendment Act 1985
19: Questioned elections of members of Parliament
1: Where, at the conclusion of the trial of an election petition, the High Court or the Court of Appeal determines that a person elected or returned was not duly elected or returned or that the election at which that person was elected or returned was void, the salary and allowance to which that person would have been entitled if that person had been duly elected and returned as a member of Parliament shall be paid to that person, in respect of the period commencing on the day after polling day and ending with the earlier of the following days:
a: the day on which the House of Representatives, pursuant to section 246(2)
b: the day on which the seat becomes vacant, by death or otherwise.
2: Where, at the conclusion of the trial of an election petition, the High Court or the Court of Appeal determines that a person, other than the person who was elected or returned, was duly elected and the return, in accordance with directions given under section 246(2)
3: In this section the expression polling day section 18(5) Section 19 substituted 1 July 1994 section 272 Electoral Act 1993
20: Deductions from members' salaries and allowances
1: The payment under this Act of salaries and allowances to persons who are members of Parliament shall be subject to the following provisions:
a: if during any session a member is absent for any number of sitting days exceeding 14, there shall be deducted from the payment to be made to the member the sum of $10 for every sitting day (exclusive of those 14 sitting days) during which the member was absent:
b: the exemption from deduction for absence for 14 sitting days during any session shall be reckoned from the commencement of the session and allowed accordingly, after which the prescribed deduction for absence shall be made from the instalment or instalments accruing due next after the occurrence of any such absence:
c: no deduction for absence shall be made where the absence is certified by the Speaker of the House to be caused—
i: by illness; or
ii: by any other cause certified by the Speaker of the House to be unavoidable:
d: no deduction for the absence of the member shall be made where the absence is caused by the member's attendance at any conference, meeting, or ceremony, or the member's travelling on any mission or business, as a representative of Parliament or with the authority of the House of Representatives:
e: in this section the expression sitting day
2: No expenses are payable in respect of any sitting day for which a deduction is made under this section. 1950 No 99 s 23 Section 20(2) added 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
20A: Travel, accommodation, attendance, and communications services for members
1: The Speaker of the House of Representatives must determine, in respect of members of Parliament, travel, accommodation, attendance, and communications services.
2: Before making the determination, the Speaker must take into account any relevant advice and any relevant recommendation given or made by the Parliamentary Service Commission under the Parliamentary Service Act 2000
3: The Minister who has, with the authority of the Prime Minister, for the time being assumed responsibility for Ministerial services must determine, in respect of members of the Executive, any additional or alternative services in respect of Executive travel, accommodation, attendance, and communications.
4: That Minister determines, in his or her sole discretion, which office holders are members of the Executive for the purpose of subsection (3).
5: Before making a determination under this section, the determining body must—
a: consult with the Commissioner of Inland Revenue about the taxation consequences of the proposed determination; and
b: consult with, as the case may be, the Speaker or the Minister about the services for which they have jurisdiction.
6: A determination under this section may be made jointly by the Speaker and the Minister, or may be a separate determination made by one of those persons for services for which that person has jurisdiction.
7: Travel, accommodation, attendance, and communications services
a: the payment of money or allowances for those things; and
b: provision for any member of the family (as referred to in section 25(1)(f)
c: any other means of meeting the travel, accommodation, attendance, and communications needs or obligations of members of Parliament.
8: A determination made under this section is a legislative instrument, but not a disallowable instrument, for the purposes of the Legislation Act 2012 section 41 Section 20A inserted 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 20A(8) replaced 5 August 2013 section 77(3) Legislation Act 2012
20B: Different ways in which services may be determined and funded
1: A determination under section 20A
a: fixing services or providing a method by which services can be calculated or ascertained:
b: providing for any monetary amounts to be adjusted according to any percentage movements in any index or survey published by Statistics New Zealand:
c: incorporating by reference all or part of any other document that sets out—
i: any services to be provided to members of Parliament under the Parliamentary Service Act 2000
ii: any funding entitlements for parliamentary purposes to be provided under that Act:
iii: any matters referred to in section 25
2: Material incorporated into the determination by reference under subsection (1)(c) (as it existed on the date of the inclusion but with any additions or variations (if any) as are specified in the determination) forms part of the determination for all purposes.
3: The Speaker of the House of Representatives must ensure that a copy of all material incorporated in a determination by reference under subsection (1)(c))—
a: is available for inspection free of charge, or for purchase at a reasonable price, at Parliament House in Wellington and at any other place or places that he or she appoints; and
b: is published on the Internet.
4: The services determined under section 20A
a: in the case of matters incorporated by reference under subsection (1)(c), payable out of money appropriated by Parliament; and
b: in the case of other services, payable out of public money without further appropriation than this section. Section 20B inserted 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
21: Limits on allowance payable to members travelling within New Zealand on public business
Section 21 repealed 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
21A: Members of overseas service not to be paid under this Part
Notwithstanding anything in this Act, no payment shall be made under this Part to any person in respect of any period in respect of which that person receives a salary as a head of mission or head of post within the meaning of the Foreign Affairs Section 21A substituted 1 April 1988 Foreign Affairs Amendment Act 1988 Section 21A amended 1 July 1993 section 2(3) Foreign Affairs Amendment Act 1993 Section 21A amended 1 December 1988 section 14(1) Foreign Affairs Act 1988
4: Miscellaneous provisions
22: Annuity for former Prime Minister and spouse
or partner
1: Where a person has held the office of Prime Minister for a period or periods amounting in all to not less than 2 years, whether before or after the commencement of this section, there shall, subject to subsection (2) and to section 4(5)
a: to that person, until he dies, an annuity at a rate to be fixed from time to time by the Remuneration Authority
b: to the surviving spouse or partner of that person (whether or not that person has died before the commencement of this Act), until that surviving spouse or partner dies or marries or enters into a civil union or a de facto relationship, an annuity at a rate to be fixed from time to time by the Remuneration Authority.
2: No annuity shall be paid to any person under subsection (1) in respect of any period during which that person holds an office for which a salary (other than the salary of a member of Parliament) is payable under this Act.
3: Every determination under this section shall come into force on a day to be specified in the determination, whether on or before or after the date of the determination.
4: A determination made under this section is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 section 41 1950 No 99 s 7A(1), (3) 1973 No 120 s 2(1) Section 22 heading amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 22(1)(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 22(1)(b) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 22(4) replaced 5 August 2013 section 77(3) Legislation Act 2012
23: Payments to spouse
or partner,
1: Where a member of Parliament dies, the following provisions shall apply—
a: if the member leaves a spouse or partner, there is to be paid to the surviving spouse or partner as income a sum of money equivalent to that which would have been paid to the member if a salary, at the rate payable as at the date of death to a member of Parliament, had been payable to the member in respect of the period of 3 months commencing on the day after the date of death:
b: if the member does not leave a spouse or partner
2: Any sum of money payable pursuant to paragraph (a) or paragraph (b) of subsection (1) shall be paid out of public money
3: In any case where a sum of money is payable under this section to any person who is a minor, that sum may by direction of the Prime Minister be paid to—
a: that person; or
b: any guardian of, or any person caring for, that person to be applied for the maintenance, education, advancement, or benefit of that person.
4: The receipt of any person or guardian to whom payment is so made shall be a sufficient discharge therefor.
5: For the purposes of this section the dependent children of a deceased member comprise such of the children of the member as the member had a legal duty to support in whole or in part at the time of the death of the member. 1950 No 99 s 27B 1975 No 131 s 2 Section 23 heading amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 23(1)(a) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 23(1)(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 23(2) amended 1 July 1989 section 86(1) Public Finance Act 1989
24: Payment of salaries, annuities, and allowances
1: Every salary, annuity, or allowance payable pursuant to any provision of this Act shall, subject to subsections (2) to (4), be paid by equal monthly instalments on the last day of each month.
2: The Governor-General may from time to time by Order in Council, direct that any salary, annuity, or allowance payable pursuant to any provision of this Act shall be paid by equal periodic instalments at the end of such other period (being a period of less than 1 month) as may be specified in the order; and every such order shall have effect according to its tenor.
3: A proportionate payment is to be made for any fraction of—
a: a month; or
b: any other period prescribed pursuant to subsection (2).
4: Nothing in subsections (1) to (3) shall apply in respect of—
a: any payment made pursuant to section 3(4) section 23
b: any allowance (such as a setting-up allowance) which is of such a nature as to require it to be paid in a lump sum. 1950 No 99 ss 3A(5), 7A(2), 22(3) 1973 No 120 s 2(1) 1977 No 17 s 2
25: Appropriation of money for benefits and privileges
1: The appropriation by Parliament of money for the purpose of providing benefits or privileges of a specified kind for—
a:
b: the Prime Minister or a former Prime Minister; or
c: other Ministers of the Crown; or
d: Parliamentary Under-Secretaries; or
e: members or former members of Parliament; or
f: members of the families (including a spouse or partner, surviving spouse or partner shall be sufficient authority for the grant of such benefits or privileges, and where money is so appropriated it shall not be necessary as a condition for the lawful expenditure of any money so appropriated that the appropriation be implemented by any statutory authority other than this section.
2: Nothing in this section shall authorise the payment of any money to any member of Parliament or to any member of the family of any member of Parliament.
3: The operation of this section shall not be limited in its application to any benefits or privileges by reason merely of the fact that, with respect to any specified benefits or privileges, there may, in addition to the authority conferred by this section, be an express statutory authority: provided that nothing in this subsection shall be construed to authorise the expenditure of any money contrary to the express provisions of any Act. 1950 No 99 s 28 1977 No 17 s 3 Section 25(1)(a) repealed 23 November 2010 section 20(1) Governor-General Act 2010 Section 25(1)(f) amended 23 November 2010 section 20(2) Governor-General Act 2010 Section 25(1)(f) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
26: Repeals, revocations, and savings
1: The enactments specified in Schedule 1
2: The Orders in Council specified in Schedule 2
3: Section 26(3) repealed 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
27: Conflicting claims
1: If more than 1 person claims to be entitled to an annuity under section 4(2) section 22(1)(b) section 23(1)(a)
a: whether more than 1 person is entitled to the annuity or payment; and
b: if so, the proportion of the annuity or payment payable to each person entitled to it.
2: In this section, authorised person
a: in relation to an annuity under section 4(2) section 22(1)(b)
b: in relation to a payment made under section 23(1)(a) Parliamentary Service Act 2000
3: An authorised person must pay, or arrange for the payment of, an annuity or payment referred to in this section in accordance with any decision made by the authorised person under subsection (1).
4: If more than 1 person is entitled to an annuity or payment, the total annuity or payment 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.
5: If a person who claims to be entitled to an annuity or payment referred to in this section is dissatisfied with a decision made by an authorised person under subsection (1), he or she may appeal against the decision to the High Court.
6: The High Court Rules and sections 74 to 78 section 72
7: The provisions of the Judicature Act 1908 Section 27 added 26 April 2005 section 7 Relationships (Statutory References) Act 2005