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Version
as at 18 April 2024
Members of Parliament (Accommodation Services for
Members and Travel Services for Family Members)
Determination 2023
(SL 2023/195)
This determination (to which is appended an explanatory memorandum) is made by
the Remuneration Authority under
section 17 of the
Members of Parliament (Remu‐
neration and Services) Act 2013 and the
Remuneration Authority Act 1977 after
complying with
sections 18 and
32 of the Members of Parliament (Remuneration and
Services) Act 2013.
Contents
Page
1
Title
4
2
Commencement
4
Part 1
Preliminary matters
3
About this determination
4
4
Overview
5
5
Principles
6
6
Interpretation
6
7
Meaning of primary place of residence or primary residence
7
8
Meaning of parliamentary purpose
8
9
Meaning of year
8
Prorating in certain circumstances
10
Changes in circumstances during year affecting eligibility for
8
services
Continuation of certain payments
11
Continuation of accommodation payment in certain circumstances
8
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers
under
subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
1
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Members of Parliament (Accommodation Services for
Members and Travel Services for Family Members)
Version as at
Determination 2023
18 April 2024
12
GST and card charges
9
13
Resolution or determination of issues
9
14
Administration of determination
9
Part 2
Accommodation services
Subpart 1—Accommodation services in Wellington
15
Purpose and basis of providing accommodation services
10
Prime Minister
16
Prime Minister’s official residence (Premier House/Te Whare
10
Pirimia)
17
Continuous accommodation: Prime Minister
10
18
Non-continuous accommodation: Prime Minister
11
19
Limit on total amount of accommodation payments: Prime
11
Minister
Speaker and Deputy Speaker
20
Speaker: official residence
11
21
Continuous accommodation: Speaker
12
22
Non-continuous accommodation: Speaker
12
23
Limit on total amount of accommodation payments: Speaker
12
24
Deputy Speaker’s residence or other accommodation
12
Ministers
25
Application of clauses 26 to 29
13
26
Minister: official residence
13
27
Continuous accommodation: Minister
13
28
Non-continuous accommodation: Minister
13
29
Limit on total amount of accommodation payments: Minister
14
Members
30
Meaning of Wellington accommodation
14
31
Basis of providing Wellington accommodation payments for
14
members
32
Application of clauses 33 to 38
14
33
Continuous accommodation: member
14
34
Non-continuous accommodation: member
14
35
Limit on total amount of accommodation payments: member
15
Shared accommodation
36
Limit on continuous accommodation payment where member
15
shares accommodation
2
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Members of Parliament (Accommodation Services for
Version as at
Members and Travel Services for Family Members)
18 April 2024
Determination 2023
Reduction of Wellington continuous accommodation payment in
certain circumstances
37
Reduction of Wellington continuous accommodation payment in
15
certain circumstances
Vacating members
38
Vacating members
16
Qualifying electoral candidates
39
Purpose and basis of providing accommodation services for
16
qualifying electoral candidates
40
Wellington accommodation
16
Additional accommodation services support for unavoidable
circumstances beyond member’s control
41
Additional accommodation support for unavoidable circumstances
17
beyond member’s control
Subpart 2—Accommodation services outside Wellington
Speaker and Leader of Opposition
42
Non-Wellington accommodation: Speaker and Leader of
17
Opposition
Ministers
43
Purpose and basis of providing accommodation to Ministers
18
44
Non-Wellington accommodation: Ministers
18
45
Ministers’ accommodation when hosting Guest of Government
19
Spouse or partner of certain members
46
Cost of evening meal for spouse or partner of certain members
19
Members
47
Non-Wellington accommodation: members
20
Security
48
Security system payments
20
Qualifying electoral candidates
49
Non-Wellington accommodation expense payment
21
Subpart 3—Increase in accommodation expense payment in
certain circumstances
50
Increase in accommodation expense payment in Wellington in
22
certain circumstances
50A
Increase in accommodation expense payment outside Wellington
23
in certain circumstances
3
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Members of Parliament (Accommodation Services for
Members and Travel Services for Family Members)
Version as at
cl 1
Determination 2023
18 April 2024
Part 3
Travel services for family members of members of Parliament
and qualifying electoral candidates
Travel services for family members of members of Parliament
51
Travel by family members
24
52
Limits on number of trips by family members
25
53
Chauffeur-driven cars
25
54
Taxis
26
55
Private vehicles
26
Travel services for family members of qualifying electoral
candidates
56
Travel by family members of qualifying electoral candidates
27
Part 4
Miscellaneous and administrative matters
57
Information to be provided to members about use of services under
28
determination, including travel services by family members
58
Policies, procedures, and guidelines to follow if claiming
28
entitlements
59
Certificate of expenditure
28
60
Revocation
28
Determination
1
Title
This determination is the Members of Parliament (Accommodation Services
for Members and Travel Services for Family Members) Determination 2023.
2
Commencement
This determination comes into force on 15 October 2023.
Part 1
Preliminary matters
3
About this determination
(1)
This determination is made under
section 17 of the Members of Parliament
(Remuneration and Services) Act 2013.
(2)
Section 17 of the Act provides for accommodation services within New Zea‐
land for members of Parliament, qualifying electoral candidates, and Ministers,
and their family members.
(3)
This determination does not provide for the following services:
4
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Members of Parliament (Accommodation Services for
Version as at
Members and Travel Services for Family Members)
18 April 2024
Determination 2023
Part 1 cl 4
(a)
travel services, administrative and support services, and communications
services for members of Parliament and qualifying electoral candidates
(
see section 23(1) of the Act):
(b)
travel services in respect of members of Parliament participating in the
political exchange programme (
see section 23(1)(f) of the Act):
(c)
international travel and accommodation services in respect of members
of Parliament travelling for parliamentary purposes (
see section 23(3) of
the Act):
(d)
travel services within New Zealand for Ministers that are additional or
alternative to travel services referred to in paragraphs (a) to (c) (
see
section 27 of the Act):
(e)
travel and accommodation services in respect of members of Parliament
participating in the official inter-parliamentary relations programme (
see
section 34 of the Act).
4
Overview
(1)
This determination comprises 4 Parts.
(2)
This Part contains—
(a)
principles that underpin this determination and indicate the spirit in
which it should be interpreted and applied; and
(b)
definitions used in the determination; and
(c)
separate clauses defining primary place of residence, parliamentary pur‐
pose, and year; and
(d)
a provision that prorates a service if eligibility to the service changes
during a year; and
(e)
a provision that includes goods and services tax in, and excludes card
use charges from, amounts specified in this determination; and
(f)
a provision about the resolution or determination of issues relating to the
interpretation, application, or operation of this determination; and
(g)
a provision about which organisations are responsible for administering
this determination.
(3)
Part 2 provides for accommodation services in Wellington (subpart 1), accom‐
modation services outside Wellington (subpart 2), and an increase in accom‐
modation payments both in and outside Wellington in certain circumstances
(subpart 3).
(4)
Part 3 provides for travel services for family members of members of Parlia‐
ment and qualifying electoral candidates.
(5)
Part 4 contains miscellaneous provisions relating to administrative matters.
(6)
This clause—
(a)
is only a guide to the general scheme of this determination; and
5
Members of Parliament (Accommodation Services for
Members and Travel Services for Family Members)
Version as at
Part 1 cl 5
Determination 2023
18 April 2024
(b)
does not limit or affect the other clauses of this determination.
Clause 4(3): amended (with effect on 1 November 2023), on 18 April 2024, by
clause 4 of the
Members of Parliament (Accommodation Services for Members and Travel Services for Family
Members) Amendment Determination 2024 (SL 2024/49).
5
Principles
(1)
This clause sets out the principles—
(a)
that underpin this determination; and
(b)
that indicate the spirit in which this determination should be interpreted
and applied.
Speaker, Deputy Speaker, Ministers, and other members of Parliament
(2)
The services set out in this determination in relation to the Speaker, the Deputy
Speaker, Ministers, and other members of Parliament are intended to support
them in performing their respective roles and functions.
(3)
The Speaker, the Deputy Speaker, Ministers, and other members of Parliament
should not personally have to meet work-related expenses.
(4)
Any personal benefits to them should be kept to a minimum.
(5)
They are personally responsible for the use of services, even where expenses
are incurred on their behalf under delegated authority.
(6)
They must satisfy themselves that the expenses under this determination—
(a)
represent value for money; and
(b)
are incurred having regard to efficiency and effectiveness.
(7)
They must be open and transparent in using the services under this determin‐
ation and, to that end, should keep proper documentation to facilitate sound
administration and to enable any scrutiny required.
Qualifying electoral candidates
(8)
The principles set out in subclauses (2) to (7) apply, with any necessary modifi‐
cations, in relation to the services provided in this determination for qualifying
electoral candidates.
6
Interpretation
(1)
In this determination, unless the context otherwise requires,—
1 day means a 24-hour period beginning at midnight
Act means the
Members of Parliament (Remuneration and Services) Act 2013
Deputy Speaker has the same meaning as in
section 3 of the Parliamentary
Service Act 2000
House means the House of Representatives
Leader of the Opposition means the person who is recognised as Leader of
the Opposition in accordance with the Standing Orders of the House
6
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Members of Parliament (Accommodation Services for
Version as at
Members and Travel Services for Family Members)
18 April 2024
Determination 2023
Part 1 cl 7
Minister includes a parliamentary under-secretary
ministerial business includes the performance or exercise of the role, func‐
tions, or powers of a Minister as set out in the Cabinet Manual
Ministerial Services means the so-named unit of the Department of Internal
Affairs
official function means any function to which a member of Parliament may
have been invited by reason of his or her status as a member of Parliament
parliamentary purpose has the meaning given in clause 8
Parliamentary Service has the same meaning as in
section 3 of the Parliamen‐
tary Service Act 2000
primary place of residence has the meaning given in clause 7
private business purposes means purposes on behalf of a person’s own busi‐
ness interests or on behalf of the business interests of any other person, trust,
company, or organisation
Speaker has the same meaning as in
section 3 of the Parliamentary Service Act
2000
Wellington commuting area means the cities of Wellington, Hutt, Upper Hutt,
and Porirua
year has the meaning given in
clause 9.
(2)
In this determination, unless the context otherwise requires, terms that are not
defined in this determination but that are defined in the Act (for example,
accommodation services,
dependent child,
family member,
partner,
party,
polling day, and
qualifying electoral candidate) have the same meaning as in
the Act.
(3)
In this determination, travel on scheduled ferry services includes carriage of a
motor vehicle on vehicular ferries.
7
Meaning of primary place of residence or primary residence
(1)
This clause defines a member of Parliament’s primary place of residence.
(2)
A member of Parliament’s
primary place of residence is in Wellington if—
(a)
the member’s constituency is predominantly within the Wellington com‐
muting area; or
(b)
the member lives permanently in the Wellington commuting area.
(3)
If subclause (2) does not apply, then,—
(a)
if the member of Parliament is the Speaker, the Deputy Speaker, a
Minister, or the Leader of the Opposition, the member’s
primary place
of residence is the place that the member maintains and in which the
member would normally live if not required to spend continuous periods
in Wellington on ministerial business or for parliamentary purposes; and
7
Members of Parliament (Accommodation Services for
Members and Travel Services for Family Members)
Version as at
Part 1 cl 8
Determination 2023
18 April 2024
(b)
in any other case, the member’s
primary place of residence is the
place where the member normally lives when not engaged on ministerial
business or for parliamentary purposes in Wellington.
8
Meaning of parliamentary purpose
In this determination, an activity undertaken for a
parliamentary purpose
means an activity undertaken by a member (or, as applicable, qualifying elect‐
oral candidate) in the performance of their role and functions as a member of
Parliament (including an activity undertaken by the member as a member of a
party, provided it is not electioneering or directly related to the administration
or management of a party).
9
Meaning of year
(1)
This clause defines a year.
(2)
A
year means the period beginning on 1 July in one year and ending on
30 June in the following year.
(3)
However, if a general election occurs during that period, the following are to be
treated as if they were a year:
(a)
the period beginning on 1 July and ending on the date of the general
election:
(b)
the period beginning on the day after the date of the general election and
ending on the day that is the next 30 June.
(4)
If a service is to be provided under this determination in relation to a year, the
service is to be provided in relation to a period described in subclause (3) in
proportion to the period.
(5)
If prorating a service under subclause (4) produces less than a whole number,
the number is to be rounded up to the next whole number.
Prorating in certain circumstances
10
Changes in circumstances during year affecting eligibility for services
(1)
Subclause (2) applies if a person is to be provided under this determination
with a service that is expressed in relation to a year and, during a year, there is
a change in the person’s circumstances that affects the person’s eligibility for
the service.
(2)
The person may receive the service in proportion to the period for which the
person was eligible for the service.
Continuation of certain payments
11
Continuation of accommodation payment in certain circumstances
(1)
This clause applies to a person who—
8
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Members of Parliament (Accommodation Services for
Version as at
Members and Travel Services for Family Members)
18 April 2024
Determination 2023
Part 1 cl 14
(a)
ceases to hold office as the Speaker, the Deputy Speaker, a Minister, or a
member of Parliament (other than the Speaker, the Deputy Speaker, or a
Minister) at any time outside a period beginning immediately before the
dissolution or expiry of a Parliament and ending at the commencement
of the first meeting of the House of the next Parliament; and
(b)
is occupying leased premises in respect of which the person receives a
continuous accommodation payment under Part 2.
(2)
The person may continue to receive the continuous accommodation payment
for the shorter of the following periods:
(a)
the period of 3 months beginning on the day after the date on which the
person ceases to hold office:
(b)
the period of notice required under the lease to determine the lease.
12
GST and card charges
In this determination, reference to an amount of money or to costs is to be
treated as—
(a)
including any goods and services tax; but
(b)
not including any charge for using a credit card or purchase card.
13
Resolution or determination of issues
If an issue arises about the interpretation, application, or operation of
Part 2 or
3, the issue is to be—
(a)
resolved in accordance with the procedures prescribed by the Remuner‐
ation Authority under
section 21(1) of the Act; and
(b)
if the issue is not resolved under those procedures, determined by the
Remuneration Authority under
section 21(3) of the Act.
14
Administration of determination
The provisions of this determination are administered as follows:
(a)
in relation to members of Parliament (other than Ministers) and their
family members, by the Parliamentary Service; and
(b)
in relation to Ministers and their family members, by Ministerial Ser‐
vices.
9
Members of Parliament (Accommodation Services for
Members and Travel Services for Family Members)
Version as at
Part 2 cl 15
Determination 2023
18 April 2024
Part 2
Accommodation services
Subpart 1—Accommodation services in Wellington
15
Purpose and basis of providing accommodation services
(1)
The Prime Minister, Speaker, Deputy Speaker, and Ministers have additional
functions that require them to spend significantly more time in Wellington than
ordinary members of Parliament. The provision of an official residence, a con‐
tinuous accommodation payment, or a reimbursement arrangement is intended
to facilitate the conduct of ministerial business and activities undertaken for
parliamentary purposes by—
(a)
the Prime Minister; and
(b)
if their primary place of residence is outside the Wellington commuting
area, the Speaker, the Deputy Speaker, and Ministers.
(2)
Continuous accommodation payments made under this subpart are based on
estimated market rentals for suitable properties in central Wellington with a
contribution to, but not full reimbursement of, other property-related expenses
such as utilities, cleaning, and gardening services.
Prime Minister
16
Prime Minister’s official residence (Premier House/Te Whare Pirimia)
(1)
This clause applies to the Prime Minister, whether or not the Prime Minister’s
primary place of residence is within the Wellington commuting area.
(2)
The Prime Minister is entitled to be provided with the official residence in
Wellington known as Premier House/Te Whare Pirimia.
(3)
If the Prime Minister takes up residence in Premier House/Te Whare Pirimia,
the actual and reasonable costs of moving to and from there and either (but not
both) of the following residences will be met:
(a)
the Prime Minister’s primary place of residence:
(b)
an alternative Wellington residence.
(4)
Premier House/Te Whare Pirimia is to be provided with the maintenance and
support services commensurate with the status of the official residence. This
subclause does not apply to any other accommodation.
(5)
The Prime Minister must vacate Premier House/Te Whare Pirimia not later
than 14 days after ceasing to hold the office of Prime Minister.
17
Continuous accommodation: Prime Minister
(1)
This clause applies if the Prime Minister’s primary place of residence is outside
the Wellington commuting area and the Prime Minister does not take up resi‐
dence in Premier House/Te Whare Pirimia.
10
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Members of Parliament (Accommodation Services for
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Members and Travel Services for Family Members)
18 April 2024
Determination 2023
Part 2 cl 20
(2)
If this clause applies, the Prime Minister may elect to receive a continuous
accommodation payment in respect of Wellington accommodation.
(3)
The maximum amount of the continuous accommodation payment is $52,000
per year.
18
Non-continuous accommodation: Prime Minister
(1)
This clause applies if the Prime Minister’s primary place of residence is outside
the Wellington commuting area, the Prime Minister does not take up residence
in Premier House/Te Whare Pirimia, and the Prime Minister does not elect to
receive a continuous accommodation payment.
(2)
If this clause applies, the Prime Minister is entitled to claim reimbursement of
the Prime Minister’s actual and reasonable expenses of hotel accommodation
in the Wellington commuting area.
(3)
The maximum amounts that may be claimed under subclause (2) are—
(a)
$350 in respect of a single night’s accommodation:
(b)
$52,000 per year.
(4)
In subclause (2),
actual and reasonable expenses excludes charges for all
meals, laundry, use of a minibar, and parking at the accommodation.
19
Limit on total amount of accommodation payments: Prime Minister
The maximum cumulative amount that the Prime Minister may be paid by way
of continuous accommodation payments
under clause 17 and reimbursement of
hotel expenses under clause 18 is $52,000 per year.
Speaker and Deputy Speaker
20
Speaker: official residence
(1)
This clause and
clauses 21 to 23 apply if the primary place of residence of the
Speaker is outside the Wellington commuting area.
(2)
If this clause applies, the Speaker is entitled to be provided with an official
residence in Wellington.
(3)
If the Speaker takes up residence in an official residence, the actual and reason‐
able costs of moving to and from the official residence and either (but not both)
of the following residences will be met:
(a)
the Speaker’s primary place of residence:
(b)
an alternative Wellington residence.
(4)
The official residence is to be provided with the maintenance and support
services commensurate with the status of the official residence. This subclause
does not apply to any other accommodation.
11
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Part 2 cl 21
Determination 2023
18 April 2024
(5)
The Speaker must vacate the official residence not later than 5 working days
after vacating the office of Speaker, if that happens at any time other than on
polling day at a general election.
(6)
However, if the person who holds the office of Speaker on polling day at
a general election vacates office before the first meeting of the House after
polling day, the person must vacate the official residence not later than 5
working days after vacating office or the day before the first meeting of the
House, whichever is the earlier.
(7)
In this clause and clause 21, official residence—
(a)
means a residence owned by the Crown, or owned or rented by the
Parliamentary Corporation (within the meaning of the
Parliamentary
Service Act 2000) for the Speaker to reside in; and
(b)
may be a house, an apartment, or a town house.
21
Continuous accommodation: Speaker
(1)
If the Speaker does not occupy an official residence, the Speaker may elect
to receive a continuous accommodation payment in respect of Wellington
accommodation.
(2)
The maximum amount of the continuous accommodation payment is $52,000
per year.
22
Non-continuous accommodation: Speaker
(1)
If the Speaker does not occupy an official residence and does not elect
to receive a continuous accommodation payment, the Speaker is entitled to
claim reimbursement of the Speaker’s actual and reasonable expenses of hotel
accommodation in the Wellington commuting area.
(2)
The maximum amounts that may be claimed under subclause (1) are—
(a)
$350 in respect of a single night’s accommodation:
(b)
$52,000 per year.
(3)
In subclause (1),
actual and reasonable expenses excludes charges for all
meals, laundry, use of a minibar, and parking at the accommodation.
23
Limit on total amount of accommodation payments: Speaker
The maximum cumulative amount that the Speaker may be paid by way of
continuous accommodation payments under
clause 21 and reimbursement of
hotel expenses under
clause 22 is $52,000 per year.
24
Deputy Speaker’s residence or other accommodation
Clauses 20 to 23 also apply to the Deputy Speaker and, for that purpose, those
clauses are to be read as if references to the Speaker were references to the
Deputy Speaker.
12
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Ministers
25
Application of clauses 26 to 29
(1)
Clauses 26 to 29 apply—
(a)
only to Ministers other than the Prime Minister; and
(b)
only if the Minister’s primary place of residence is outside the Welling‐
ton commuting area.
(2)
Clauses 26 to 29 do not apply to parliamentary under-secretaries.
26
Minister: official residence
(1)
The Minister Responsible for Ministerial Services may, in that Minister’s dis‐
cretion, allocate an official residence to a Minister.
(2)
If a Minister takes up an official residence, the actual and reasonable costs
of moving to and from the official residence and either (but not both) of the
following residences will be met:
(a)
the Minister’s primary place of residence:
(b)
an alternative Wellington residence.
(3)
All ministerial official residences are to be provided with the maintenance and
support services commensurate with the status of the official residence. This
subclause does not apply to any other accommodation.
(4)
A Minister must vacate the official residence not later than 14 days after
ceasing to hold office as a Minister.
27
Continuous accommodation: Minister
(1)
If a Minister does not occupy an official residence, the Minister may elect to
receive a continuous accommodation payment in respect of Wellington accom‐
modation.
(2)
The maximum amount of the continuous accommodation payment is $52,000
per year.
28
Non-continuous accommodation: Minister
(1)
If a Minister does not occupy an official residence and does not elect to receive
a continuous accommodation payment, the Minister is entitled to claim reim‐
bursement of actual and reasonable expenses of the Minister’s hotel accommo‐
dation in the Wellington commuting area.
(2)
The maximum amounts that may be claimed under subclause (1) are—
(a)
$350 in respect of a single night’s accommodation:
(b)
$52,000 per year.
(3)
In subclause (1),
actual and reasonable expenses excludes charges for all
meals, laundry, use of a minibar, and parking at the accommodation.
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29
Limit on total amount of accommodation payments: Minister
The maximum cumulative amount that a Minister may be paid by way of
continuous accommodation payments under
clause 27 and reimbursement of
hotel expenses under
clause 28 is $52,000 per year.
Members
30
Meaning of Wellington accommodation
In
clauses 31 to 35, unless the context otherwise requires,
Wellington accom‐
modation means the accommodation of a member of Parliament within the
Wellington commuting area when the member of Parliament is engaged in
activities undertaken for parliamentary purposes in Wellington.
31
Basis of providing Wellington accommodation payments for members
Accommodation payments made under this subpart are based on estimated
market rentals for suitable properties in central Wellington with a contribution
to, but not full reimbursement of, other property-related expenses such as
utilities, cleaning, and gardening services.
32
Application of clauses 33 to 38
Clauses 33 to 38 apply in respect of a member of Parliament’s Wellington
accommodation expenses if—
(a)
the member’s primary place of residence is outside the Wellington com‐
muting area; and
(b)
the member is not provided with a residence at the public cost.
33
Continuous accommodation: member
(1)
A member of Parliament may elect to receive a continuous accommodation
payment in respect of Wellington accommodation.
(2)
The maximum amount of the continuous accommodation payment is $36,400
per year.
34
Non-continuous accommodation: member
(1)
If a member of Parliament does not elect to receive a continuous accommoda‐
tion payment, the member is entitled to claim reimbursement of the member’s
actual and reasonable expenses of accommodation up to the following maxi‐
mum amounts:
(a)
$260 per night, if the accommodation is in commercial premises; or
(b)
$70 per night, if the accommodation is in other premises.
(2)
In subclause (1),
actual and reasonable expenses excludes charges for all
meals, laundry, use of a minibar, and parking at the accommodation.
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35
Limit on total amount of accommodation payments: member
The maximum cumulative amount that a member may be paid by way of
continuous accommodation payments under
clause 33 and reimbursement of
accommodation expenses under
clause 34 is $36,400 per year.
Shared accommodation
36
Limit on continuous accommodation payment where member shares
accommodation
(1)
If a member of Parliament lives in the same accommodation with 1 or more
other persons, the maximum amount of the continuous accommodation pay‐
ment that may be paid to the member in respect of the accommodation is as
follows:
(a)
if the member shares the accommodation with 1 other person, 70% of
the continuous accommodation payment that would be payable if the
member were not sharing the accommodation:
(b)
if the member shares the accommodation with 2 other persons, 60% of
the continuous accommodation payment that would be payable if the
member were not sharing the accommodation:
(c)
if the member shares the accommodation with 3 or more other persons,
55% of the continuous accommodation payment that would be payable if
the member were not sharing the accommodation.
(2)
To avoid doubt, if a member is a Minister, references in subclause (1) to a
continuous accommodation payment are to be treated as references to the con‐
tinuous accommodation payment of the Minister in the capacity of Minister.
(3)
For the purposes of subclause (1),
other person—
(a)
includes a person whether or not a member of Parliament; but
(b)
does not include a family member of the member of Parliament.
Reduction of Wellington continuous accommodation payment in certain
circumstances
37
Reduction of Wellington continuous accommodation payment in certain
circumstances
If a member of Parliament sublets their Wellington accommodation for part
of the year, their continuous accommodation payment must be reduced by an
amount reflecting the amount of time that the accommodation is sublet.
Example
If a member’s continuous accommodation is sublet for a cumulative total of 3
months in a year, the member’s accommodation payment would be reduced by
25% for the year.
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Determination 2023
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Vacating members
38
Vacating members
(1)
This clause applies to a person who—
(a)
is a member of Parliament immediately before the dissolution of a Par‐
liament and—
(i)
is not a candidate at the next general election; or
(ii)
is an unsuccessful candidate at that general election; or
(b)
has vacated the office of member of Parliament during a parliamentary
term under section 55(1) of the Electoral Act 1993.
(2)
The person has, for 4 weeks after the date on which the person ceased to
be a member of Parliament, the same entitlements under
clauses 16 to 36 to
accommodation services that they were entitled to immediately before they
ceased to be a member of Parliament.
(3)
Entitlements under this clause must be used to enable the person to attend to
matters associated with leaving Parliament.
Qualifying electoral candidates
39
Purpose and basis of providing accommodation services for qualifying
electoral candidates
Members of Parliament cease to hold office at the close of polling day. How‐
ever, it is recognised that members who vacate office at the close of polling
day and are seeking re-election, and other candidates who appear to have
been elected on the basis of election-night results, need to be supported after
the election. The provision of services between polling day and the official
election results enables those candidates to participate in processes related
to the formation of a government and the making of arrangements at Parlia‐
ment, commence representation of their constituencies and other parliamentary
duties, and, where applicable, participate in parliamentary induction after the
election. The position is similar if there is a by-election.
40
Wellington accommodation
(1)
Subclauses (2) and (3) apply to a qualifying electoral candidate described in
item 1 or 2 of
Schedule 1 of the Act.
(2)
Clauses 16 to 38 continue to apply to a qualifying electoral candidate as if the
qualifying electoral candidate had continued to hold—
(a)
office as a member of Parliament:
(b)
any of the offices referred to in
clause 53(3), if the qualifying electoral
candidate held any of those offices on polling day.
(3)
If preliminary results made available by the Electoral Commission on or
after polling day indicate that the qualifying electoral candidate appears to
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be elected, but the candidate is not duly elected, the period of 4 weeks specified
in
clause 38(2) must be calculated from the date on which the Electoral Com‐
mission declares another candidate to be elected under
section 179(2) or 193(5)
of the Electoral Act 1993.
(4)
Subclause (5) applies to a qualifying electoral candidate described in item 3, 4,
or 5 of Schedule 1 of the Act.
(5)
Clauses 32 to 37 apply to a qualifying electoral candidate as if the qualifying
electoral candidate had—
(a)
held office as a member of Parliament on polling day; and
(b)
continued to hold office as a member of Parliament after polling day.
Additional accommodation services support for unavoidable circumstances
beyond member’s control
41
Additional accommodation support for unavoidable circumstances beyond
member’s control
(1)
This clause applies if a member of Parliament (including the Prime Minister,
the Speaker, the Deputy Speaker, or a Minister) is temporarily unable to use
their usual accommodation (primary place of residence or continuous accom‐
modation), whether within or outside the Wellington commuting area, and must
use alternative accommodation because of a circumstance that is unavoidable,
beyond their control, and associated with their role and functions as a member
of Parliament.
(2)
If this clause applies, a non-continuous accommodation payment in respect of
the alternative accommodation for the period during which they are unable to
use their usual accommodation may be authorised.
(3)
The maximum non-continuous accommodation payment that may be author‐
ised under this clause is the same as the maximum amount specified in
clause
18(3)(a), 22(2)(a), 28(2)(a), or 34(1) (whichever applies to the member).
(4)
The responsibility for granting an authorisation under this clause is to be deter‐
mined in accordance with
section 7 of the Parliamentary Service Act 2000.
Subpart 2—Accommodation services outside Wellington
Speaker and Leader of Opposition
42
Non-Wellington accommodation: Speaker and Leader of Opposition
(1)
This clause applies if the Speaker or the Leader of the Opposition, while
engaging in activities undertaken for parliamentary purposes, incurs expenses
in respect of accommodation outside the Wellington commuting area and those
expenses are incurred in circumstances where—
(a)
the Speaker or the Leader of the Opposition is at least 80 km from their
primary place of residence; or
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(b)
the Speaker or the Leader of the Opposition could not reasonably be
expected to travel to their primary place of residence by conventional
methods or safely.
(2)
If this clause applies, the Speaker or the Leader of the Opposition may be paid
the actual and reasonable expenses of the accommodation up to the following
maximum amounts:
(a)
$425 per night, if the accommodation is in commercial premises in
Queenstown:
(b)
$350 per night, if the accommodation is in commercial premises not in
Queenstown:
(c)
$70 per night, if the accommodation is in other premises.
(3)
The Speaker and the Leader of the Opposition may also be paid the actual
and reasonable expenses under this clause for the accommodation of 1 or
more family members accompanying them, but (to avoid doubt) the maximum
amounts specified in subclause (2) apply to the aggregate of the accommoda‐
tion expenses of the Speaker or the Leader of the Opposition and their family
member or members.
(4)
In this clause,
actual and reasonable expenses—
(a)
includes charges for breakfast and Internet services; but
(b)
excludes charges for other meals, laundry, use of a minibar, and parking
at the accommodation.
Ministers
43
Purpose and basis of providing accommodation to Ministers
Ministers travel frequently outside Wellington, often accompanied by office
staff or departmental officials. They require accommodation where they can
hold meetings and attend to their normal ministerial work while travelling. The
accommodation they require is accordingly more expensive than that required
by other members. These provisions apply also to the Speaker and the Leader
of the Opposition, whose circumstances are similar.
44
Non-Wellington accommodation: Ministers
(1)
This clause applies if a Minister, while on ministerial business, incurs expenses
in respect of accommodation outside the Wellington commuting area and those
expenses are incurred in circumstances where—
(a)
the Minister is at least 80 km from the Minister’s primary place of
residence; or
(b)
the Minister could not reasonably be expected to travel to the Minister’s
primary place of residence by conventional methods or safely.
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(2)
If this clause applies, the Minister may be paid the actual and reasonable
expenses of the accommodation up to the following maximum amounts:
(a)
$425 per night, if the accommodation is in commercial premises in
Queenstown:
(b)
$350 per night, if the accommodation is in commercial premises not in
Queenstown:
(c)
$70 per night, if the accommodation is in other premises.
(3)
A Minister may also be paid the actual and reasonable expenses under this
clause for the accommodation of 1 or more family members accompanying the
Minister, but (to avoid doubt) the maximum amounts specified in subclause (2)
apply to the aggregate of the accommodation expenses of the Minister and the
family member or members.
(4)
In this clause,
actual and reasonable expenses—
(a)
includes charges for breakfast and Internet services; but
(b)
excludes charges for other meals, laundry, use of a minibar, and parking
at the accommodation.
45
Ministers’ accommodation when hosting Guest of Government
(1)
This clause applies when a Minister incurs expenses in respect of accommoda‐
tion outside the Wellington commuting area in connection with the function of
hosting an official guest who has been granted full Guest-of-Government status
by the Prime Minister.
(2)
The Minister may be paid the actual and reasonable expenses of the accommo‐
dation, and the maximum amounts specified in
clause 44(2) do not apply.
(3)
In this clause,
actual and reasonable expenses has the same meaning as in
clause 44(4).
Spouse or partner of certain members
46
Cost of evening meal for spouse or partner of certain members
(1)
A member of Parliament who is a specified member may be paid for the
expense of an evening meal up to a maximum of $80 for the member’s spouse
or partner if, in relation to an official function or official event outside the
Wellington commuting area,—
(a)
the member considers that it is necessary and appropriate for the mem‐
ber’s spouse or partner to accompany the member when the member is
engaged on ministerial business or for a parliamentary purpose; and
(b)
attendance requires the spouse or partner to be away from the member’s
primary place of residence overnight; and
(c)
an evening meal is not provided at the function or event.
(2)
This clause applies despite clauses 42(3) and (4)(b) and 44(3) and (4)(b).
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(3)
In this clause,
specified member—
(a)
means the Speaker, a Minister, or the Leader of the Opposition; but
(b)
does not include a parliamentary under-secretary.
Members
47
Non-Wellington accommodation: members
(1)
This clause applies if a member of Parliament, while engaged in activities
undertaken for a parliamentary purpose, incurs expenses in respect of accom‐
modation outside the Wellington commuting area and those expenses are incur‐
red in circumstances where—
(a)
the member is at least 80 km from the member’s primary place of
residence; or
(b)
the member could not reasonably be expected to travel to the member’s
primary place of residence by conventional methods or safely.
(2)
If this clause applies, the member may be paid the actual and reasonable
expenses of the accommodation up to the following maximum amounts:
(a)
$290 per night, if the accommodation is in commercial premises in
Queenstown:
(b)
$260 per night, if the accommodation is in commercial premises not in
Queenstown:
(c)
$70 per night, if the accommodation is in other premises.
(3)
A member may also be paid the actual and reasonable expenses under this
clause for the accommodation of 1 or more family members accompanying the
member, but (to avoid doubt) the maximum amounts specified in subclause (2)
apply to the aggregate of the accommodation expenses of the member and the
family member or members.
(4)
In this clause,
actual and reasonable expenses—
(a)
includes charges for breakfast and Internet services; but
(b)
excludes charges for other meals, laundry, use of a minibar, and parking
at the accommodation.
Security
48
Security system payments
(1)
Any member of Parliament who has a security system installed at the mem‐
ber’s primary place of residence may have the actual and reasonable expenses
associated with the security system paid up to a maximum of—
(a)
$4,500 for installing the system; and
(b)
$1,000 in any year for monitoring, call-outs, and repairs.
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(2)
A member who is not a Minister may be provided with additional security
measures, at the member’s request, at—
(a)
the member’s primary place of residence; and
(b)
the continuous accommodation in Wellington used by the member.
(3)
Members who are Ministers must be provided with additional security meas‐
ures at all official residences, Wellington residences, and primary places of
residence.
(4)
Security measures provided under subclauses (2) and (3)—
(a)
are in addition to the provision of security services under subclause (1);
and
(b)
must be provided at the level recommended by an official risk and
security assessment.
Qualifying electoral candidates
49
Non-Wellington accommodation expense payment
(1)
Subclauses (2), (3), and (4) apply to a qualifying electoral candidate described
in
item 1 or 2 of Schedule 1 of the Act.
(2)
Clauses 47,
48, and
50 apply to a qualifying electoral candidate as if the
qualifying electoral candidate had continued to hold—
(a)
office as a member of Parliament:
(b)
an office referred to in subclause 53(3)(a), (b), or (c), if the qualifying
electoral candidate held any of those offices on polling day.
(3)
The qualifying electoral candidate described in item 1 or 2 of
Schedule 1 of
the Act has, for 4 weeks after the date on which the person ceased to be
a member of Parliament, the same entitlements under
clause 48 to security
services that they were entitled to immediately before they ceased to be a
member of Parliament.
(4)
If preliminary results made available by the Electoral Commission on or
after polling day indicate that the qualifying electoral candidate appears to
be elected, but the candidate is not duly elected, the period of 4 weeks specified
in subclause (3) must be calculated from the date on which the Electoral
Commission declares another candidate to be elected under
section 179(2) or
193(5) of the Electoral Act 1993.
(5)
Subclause (6) applies to a qualifying electoral candidate described in item 3, 4,
or 5 of Schedule 1 of the Act.
(6)
Clauses 47 and
50 apply to a qualifying electoral candidate as if the qualifying
electoral candidate had—
(a)
held office as a member of Parliament on polling day; and
(b)
continued to hold office as a member of Parliament after polling day.
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Subpart 3—Increase in accommodation expense payment in certain
circumstances
50
Increase in accommodation expense payment in Wellington in certain
circumstances
(1)
This clause applies if—
(a)
a member of Parliament is unable to travel outside the Wellington com‐
muting area for 1 or both of the following reasons:
(i)
the House agrees a motion to accord urgency to certain business:
(ii)
an unforeseen or unavoidable disruption occurs in the Wellington
commuting area or at the member of Parliament’s destination; and
(b)
the member of Parliament is unable to book suitable accommodation in
the Wellington commuting area within the maximum amount specified
in
clause 18, 22,
28, or
34 (whichever applies to the member of Parlia‐
ment).
(2)
The relevant agency (
see subclause (4)) may authorise an accommodation pay‐
ment in excess of the amounts specified in
clause 18, 22, 28, or
34 (whichever
applies to the member of Parliament).
(3)
An increase in the accommodation payment authorised under subclause (2)—
(a)
may—
(i)
not exceed $120, in relation to
clauses 18, 22, and 28; and
(ii)
not exceed $100, in relation to
clause 34; and
(iii)
apply to 1 or more members of Parliament or 1 or more groups of
members of Parliament; and
(b)
must be specified to apply—
(i)
on 1 or more occasions; or
(ii)
during a period not exceeding 3 months.
(4)
The agency responsible for granting an authorisation under this clause and
clause 50A must be determined in accordance with
section 7 of the Parliamen‐
tary Service Act 2000.
(5)
In this clause, an
unforeseen or unavoidable disruption includes, but is not
limited to, a disruption arising as a result of—
(a)
a natural disaster:
(b)
adverse weather conditions:
(c)
riot or disorder, or a threat of riot or disorder:
(d)
a terrorist act (as defined in
section 5 of the Terrorism Suppression Act
2002):
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(e)
an epidemic notice given under
section 5(1) of the Epidemic Prepared‐
ness Act 2006 being in force.
Clause 50: replaced (with effect on 1 November 2023), on 18 April 2024
, by clause 5 of the Members
of Parliament (Accommodation Services for Members and Travel Services for Family Members)
Amendment Determination 2024 (SL 2024/49).
50A Increase in accommodation expense payment outside Wellington in certain
circumstances
(1)
This clause applies if—
(a)
a member of Parliament is unable to book suitable accommodation
within the maximum amount specified in
clause 42, 44, or
47 (which‐
ever applies to the member of Parliament); and
(b)
the increased cost is attributable to 1 or more of the following:
(i)
a shortage of suitable accommodation because of a cultural, sport‐
ing, or diplomatic event:
(ii)
a lack of suitable available accommodation in the centre in which
the member of Parliament wishes to book accommodation:
(iii)
a premium payable for late booking, if the late booking is due to
unexpected engagements or to unexpected travel disruptions, such
as flight cancellations or adverse weather conditions:
(iv)
the unavailability of accommodation for a member of Parliament
or a member of Parliament’s family member because the member
of Parliament or the family member has a disability.
(2)
The relevant agency (
see clause 50(4)) may authorise an accommodation pay‐
ment in excess of the amounts specified in
clause 42,
44, or
47 (whichever
applies to the member of Parliament).
(3)
An increase in the accommodation payment authorised under subclause (2)—
(a)
may—
(i)
not exceed $120, in relation to
clauses 42 and 44; and
(ii)
not exceed $100, in relation to
clause 47; and
(iii)
apply to 1 or more members of Parliament or 1 or more groups of
members of Parliament; and
(b)
must be specified to apply—
(i)
on 1 or more occasions; or
(ii)
during a period not exceeding 3 months.
Clause 50A: inserted (with effect on 1 November 2023), on 18 April 2024, by
clause 5 of the
Members of Parliament (Accommodation Services for Members and Travel Services for Family
Members) Amendment Determination 2024 (SL 2024/49).
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Determination 2023
18 April 2024
Part 3
Travel services for family members of members of Parliament and
qualifying electoral candidates
Travel services for family members of members of Parliament
51
Travel by family members
(1)
A family member of a member of Parliament may travel—
(a)
on scheduled air, rail, ferry, and non-urban bus services throughout New
Zealand in accordance with this Part; and
(b)
on non-scheduled air, rail, ferry, and non-urban bus services throughout
New Zealand if the travel has been approved for the member of Parlia‐
ment in accordance with directions made by the Speaker under
section
23 of the Act; and
(c)
by taxi to connect with a travel service specified in paragraph (a) or (b).
(2)
The purpose of the travel must be—
(a)
to accompany the member of Parliament on a trip that the member is
taking—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling
in that capacity; or
(b)
to join the member of Parliament at a destination of the trip that the
member is taking—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling
in that capacity.
(3)
The travel must not be for private business purposes or for personal purposes.
(4)
To avoid doubt, in this clause and
clause 52(5),
destination includes—
(a)
Wellington:
(b)
a place in New Zealand that is the departure point for a member’s
international travel, if the international travel is otherwise provided for
under the Act.
(5)
A member who claims for travel services under this clause must certify in
writing that the travel in respect of which the claim is made complies with the
requirements of this clause.
(6)
Subclause (5) is in addition to, and not in place of, the requirements of
clause
59.
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52
Limits on number of trips by family members
(1)
Travel under
clause 51 is subject to the limits set out in this clause.
(2)
In the case of a member of Parliament who is not a specified member, the
member’s spouse or partner may take up to 20 one-way trips in a year.
(3)
In the case of a member of Parliament who is a specified member, the mem‐
ber’s spouse or partner may take up to 30 one-way trips in a year.
(4)
There are no limits on the number of one-way trips that—
(a)
the spouse or partner of the Prime Minister may take under
clause 51; or
(b)
a child who is under 18 years old may take under clause 51.
(5)
In this clause,—
child means a child, stepchild, or dependent child within the meaning of
paragraphs (b) and (c) of the definition of family member in
section 5 of the
Act
one-way trip means a trip—
(a)
taken by the most appropriate route by a family member between—
(i)
the primary place of residence of the member of Parliament (or, in
the case of a member’s child, any other place where the child is
residing); and
(ii)
the destination of a trip by the member of Parliament; and
(b)
taken as a single trip without any unnecessary stopover; and
(c)
completed within 1 day
specified member—
(a)
means the Speaker, the Deputy Speaker, a Minister, or the Leader of the
Opposition; but
(b)
does not include a parliamentary under-secretary.
53
Chauffeur-driven cars
(1)
The spouse or partner of the Prime Minister may, at the Prime Minister’s
discretion, travel at any time for any purpose related to fulfilling the role of
spouse or partner of a Prime Minister—
(a)
by VIP Transport Service chauffeur-driven car; or
(b)
by any other chauffeur-driven car or taxi arranged by VIP Transport
Service.
(2)
The spouse or partner of a member of Parliament referred to in subclause (3)
may, at the member’s discretion, travel at any time, including separately from
the member, for any purpose related to a parliamentary purpose on which the
member is engaged or to the member’s ministerial business—
(a)
by VIP Transport Service chauffeur-driven car; or
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(b)
by any other chauffeur-driven car or taxi arranged by VIP Transport
Service.
(3)
The members are—
(a)
the Speaker:
(b)
the Deputy Speaker:
(c)
a Minister:
(d)
the Leader of the Opposition:
(e)
the leader (including a co-leader) of a party that is not in government
or in coalition with a government party, if the party has 25 or more
parliamentary members.
54
Taxis
(1)
The spouse or partner of a member of Parliament other than one referred to in
clause 53(3) may, at the member’s discretion, travel by taxi at any time to join
the member at a function or an engagement that the member is attending for a
parliamentary purpose.
(2)
The travel must be by the most direct route that is reasonable in the circum‐
stances and must not exceed 50 kilometres for a one-way trip or 100 kilometres
for a return trip.
55
Private vehicles
(1)
The spouse or partner of a member of Parliament may, at the member’s discre‐
tion, be reimbursed vehicle-related operating costs for the use of a private
motor vehicle for either of the following reasons:
(a)
collecting or dropping off the member of Parliament in relation to a trip
the member is taking, or a function or an engagement the member is
attending,—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling
in that capacity:
(b)
joining the member of Parliament at a destination of a trip the member is
taking, or at a function or an engagement the member is attending,—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling
in that capacity.
(2)
The travel must be by the most direct route that is reasonable in the circum‐
stances and must not exceed 50 kilometres for a one-way trip or 100 kilometres
for a return trip.
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(3)
The reimbursement rate is the same rate as the reimbursement rate for vehicle-
related operating costs in directions made by the Speaker under
section 23 of
the Act.
(4)
A person is not entitled to a reimbursement of costs under this clause to the
extent that the relevant member of Parliament is entitled to be reimbursed for
those costs under directions made by the Speaker under
section 23 of the Act.
(5)
In this clause,
vehicle-related operating costs includes mileage (fuel or elec‐
tricity), road tolls, and parking expenses.
Travel services for family members of qualifying electoral candidates
56
Travel by family members of qualifying electoral candidates
Qualifying electoral candidates leaving Parliament
(1)
Subclauses (2) and (3) apply in relation to a spouse or partner of a qualifying
electoral candidate described in item 1 or 2 of
Schedule 1 of the Act.
(2)
Clauses 51 to 55 continue to apply in relation to a spouse or partner as if the
qualifying electoral candidate had continued to hold—
(a)
office as member of Parliament; and
(b)
any of the offices referred to in
clause 53(3), if the qualifying electoral
candidate held any of those offices on polling day.
(3)
Clauses 51 to 55 continue to apply as provided in subclause (2) with the
following limitations:
(a)
they apply only for a period of 4 weeks after the qualifying electoral
candidate ceases to hold office as a member of Parliament; and
(b)
travel by a spouse or partner of a qualifying electoral candidate under
those clauses is limited to 1 return trip between the qualifying electoral
candidate’s primary place of residence and Wellington for the purpose
of assisting the qualifying electoral candidate to attend to matters associ‐
ated with leaving Parliament.
Other qualifying electoral candidates
(4)
Subclause (5) applies in relation to family members of a qualifying electoral
candidate described in item 3, 4, or 5 of
Schedule 1 of the Act.
(5)
Clauses 51 and
52 apply in relation to a family member as if the qualifying
electoral candidate had—
(a)
held office as a member of Parliament on polling day; and
(b)
continued to hold office as a member of Parliament after polling day.
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Part 4
Miscellaneous and administrative matters
57
Information to be provided to members about use of services under
determination, including travel services by family members
In each month, the Parliamentary Service and Ministerial Services must pro‐
vide to each member of Parliament information showing the use of services
under this determination by the member and his or her family members.
58
Policies, procedures, and guidelines to follow if claiming entitlements
Requirements that must be met before payments may be made against claims
for services under this determination are set out in the policies, procedures,
and guidelines prescribed by the Speaker and the Minister Responsible for
Ministerial Services (including procedures for the certification of expenditure).
59
Certificate of expenditure
(1)
The purpose of the procedures for the certification of expenditure referred to
in
clause 58 is to ensure that all expenditure met from Vote: Parliamentary
Service and Vote: Internal Affairs in funding the services provided under this
determination complies with the directions and any policies, procedures, and
guidelines prescribed by the Speaker or the Minister Responsible for Minister‐
ial Services in order to provide confidence that public expenditure is being
correctly applied.
(2)
Persons who claim for services under this determination must provide certifica‐
tion, in accordance with the prescribed procedures, to formally verify that the
expenditure to which the certification relates has been incurred for a purpose
authorised by this determination.
60
Revocation
The
Members of Parliament (Accommodation Services for Members and
Travel Services for Family Members) Determination 2020 (LI 2020/206) is
revoked.
Dated at Wellington this 3rd day of August 2023.
Geoff Summers,
Chairperson.
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Members of Parliament (Accommodation Services for
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Explanatory
18 April 2024
Determination 2023
memorandum
Dallas Welch,
Member.
Vern Walsh,
Member.
Explanatory memorandum
Note: The following explanatory memorandum should be read in conjunction
with the explanatory memorandum(s) appended to the:
•
Members of Parliament (Accommodation Services for Members and
Travel Services for Family Members) Amendment Determination 2024
This memorandum is not part of the determination, but is intended to indicate its
general effect.
This determination comes into force on 15 October 2023.
The Remuneration Authority (the
Authority) is required, under
section 17 of the
Members of Parliament (Remuneration and Services) Act 2013 (the
Act), to deter‐
mine the accommodation services within New Zealand for members of Parliament
(
members), qualifying electoral candidates (
QECs) and Ministers, and the travel
services within New Zealand for their families.
The Act requires the Authority to make its determination once in each term of
Parliament. Although this determination is made during the 53rd Parliament, it will
apply to the full term of the 54th Parliament.
Starting points
In making this determination, the Authority was guided by the principles to which it
must have regard under
section 16 of the Act. In addition to those principles, it is the
Authority’s view that—
•
members, QECs, and Ministers should not personally have to meet the
expenses, such as accommodation, that they require to enable them to do their
job:
•
any personal benefit to members, QECs, and Ministers should be kept to a
minimum:
•
public resources are to be used fairly, efficiently, and effectively:
•
as much as possible, within the Authority’s mandate, members should be
supported to enable Parliament to be a family-friendly environment.
Members and Ministers are recognised as having 2 places of work, namely—
•
Wellington, where they attend Parliament and, in the case of Ministers, where
they also attend Cabinet; and
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Members and Travel Services for Family Members)
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•
their primary place of residence, where they attend to a wide range of matters
affecting constituents.
If the primary place of residence of a member or Minister is not in Wellington, then
it is appropriate that the costs of their Wellington accommodation should be a public
expense.
The Prime Minister’s accommodation in Wellington is treated separately. It is the
Authority’s view that the Prime Minister should be able to reside in Premier House/Te
Whare Pirimia even if the Prime Minister’s primary place of residence is in Welling‐
ton. There is a high degree of symbolism in, and practical reasons for, having an
official residence for the head of the Government. It is also a more cost-effective
option than other alternatives.
As part of their work, members undertake a significant amount of travel, both within
their electorates and around the country. This is also the case with list members. List
members customarily have bases in electorates as well as responsibilities for nation-
wide communities of interest. All members routinely attend evening and weekend
meetings and other events. They must be available to constituents, the general public,
and the media in a way not required of most other groups, and the pressures on
the Prime Minister and Ministers are especially demanding. Consequently, members
and Ministers have much less of a family life than that which other New Zealanders
take for granted, often over a period of many years. Therefore, we have continued to
provide for some limited family-friendly measures designed to recognise this reality.
The Act gives the Authority responsibility for only some of the services required
by members and Ministers. Travel services, office space, communications, and other
support for members are the responsibility of the Speaker. Travel services for Minis‐
ters is the responsibility of the Minister Responsible for Ministerial Services. Within
the constraints of that framework, we have continued the approach that treats mem‐
bers and Ministers similarly. For example, both members and Ministers are entitled
to an annual accommodation payment. In addition, certain services for the Prime
Minister, the Speaker, the Deputy Speaker, and the Leader of the Opposition are
generally aligned with those for Ministers, and certain provisions for QECs with
those for members, while allowing some differences to recognise unique roles.
Process followed
The Act prescribes the process to be followed in making this determination. As
required, the Authority sought and received advice from the Speaker and the Minister
Responsible for Ministerial Services. We also had the benefit of receiving the views
on the content of the determination from the members of the cross-party Parliamen‐
tary Service Commission.
In addition, we sought the views of the Parliamentary Service and the Ministerial
Services business unit of the Department of Internal Affairs, given their responsibil‐
ities for administering the services provided for in this determination. Nationwide
and regional market data provided by industry and government sources informed the
setting of the accommodation rates and security system payments.
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memorandum
We consulted the Commissioner of Inland Revenue about the taxation consequences
of the determination.
Before finalising this determination, the Authority provided a copy of the draft deter‐
mination to each member and Minister for their consideration and to give them the
opportunity to provide written comments or be heard on it.
Accommodation services
This determination sees no changes to the nature of accommodation services offered
to members, Ministers, and QECs.
The maximum amounts that are payable to members, QECs, and Ministers for con‐
tinuous and non-continuous accommodation have been reviewed, as up until now
they had remained at their 2017 levels.
Information obtained from the Tenancy Services market rent database, Statistics
New Zealand’s rental price index, data provided by the property rental industry, and
feedback received from members confirms that the cost of rental accommodation in
Wellington has increased markedly since 2017. We were also made aware that some
members had experienced difficulty, due to increasing costs, in finding a property
suited to their family circumstances to rent within the central Wellington area.
Non-continuous accommodation (hotels or serviced apartments) market rates, both
within the central Wellington area and nationwide, have also increased significantly,
especially after the progressive lifting of COVID-19 restrictions. This has put pres‐
sure on the maximum amounts payable for non-continuous accommodation.
Based on all the information gathered, the Authority has updated the accommodation
rates in the determination to reflect the realities of both the current rental housing
market in Wellington and hotel rates nationwide. A specific rate for Queenstown
non-continuous accommodation has been determined that reflects the different market
and higher rates in that area.
A few members are in shared rented accommodation. Some tell us this is because
it has become too expensive to rent alone or they enjoy the social aspect of living
with other people, or both. The Authority does not wish to create barriers to members
sharing accommodation if they wish. However, under this determination, to reflect the
cost savings in such arrangements, members will continue to receive a proportion of
the full rate if they share accommodation.
For reasons of administrative efficiency, which is a requirement under the listed
principles, the Authority continues to support the policy put in place in 2014 that
enables the Wellington continuous accommodation payments for both members and
Ministers to be paid annually rather than through a claim and reimbursement system.
Travel services for family members
During the past 3 years, the following 2 issues have been raised with us. Regular
requests have been made to the Authority to broaden the definition of—
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•
family member to include caregivers for members’ dependent children and
persons who need to travel with a member or a member’s spouse or partner to
provide disability support services to the member or their spouse or partner:
•
dependent child to include children over the age of 18 years who are still in
education and children with disabilities who are dependent on their parents.
However, members understand that the Authority is supportive of those proposals but
is currently constrained by the Act from extending the family travel provisions to
those 2 groups.
Accordingly, this determination makes no change to the range of entitlements avail‐
able to family members of members, Ministers, and QECs to travel services within
New Zealand.
Security system payments
The maximum limit applied to the actual and reasonable costs for installing a security
system at a member’s primary place of residence had not changed since 2014.
It has been brought to the Authority’s attention that both abuse and threats made to
members have increased noticeably over the last 3 years, and there being a greater
awareness of risk to security. Consequently, there has been a rise in the requests made
by members for security protection, including at their primary place of residence. The
costs of installing appropriate security systems have steadily increased since 2014 and
the costs are likely to increase into the future as the technology is enhanced over time.
Therefore, the Authority has assessed that the current rate is insufficient to install
adequate security systems and has determined a maximum payment of $4,500 for
installing a security system at a member’s primary place of residence.
Other matters
A key principle (
section 16(1)(c)) of the Act states that, if changes to services
provided increase or decrease any element of remuneration or other private benefit,
the value of that increase or decrease should be taken into account by the Authority
in determining members’ and Ministers’ salaries. After consulting the Commissioner
of Inland Revenue, we have assessed that there has been no change in the value
of any personal benefit or potential personal benefit from what had been assessed
for the
Parliamentary Salaries and Allowances Determination (No 2) 2020 and the
amendment to that determination. Therefore, there will be no change to that determin‐
ation.
This determination commences on the day after the next General Election and is
intended to endure for the following 3 years. However, should the need arise, amend‐
ments to address specific new matters that may arise in the parliamentary term can be
issued during the period of this determination.
Note: The preceding explanatory memorandum should be read in conjunction
with the explanatory memorandum(s) appended to the:
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Members of Parliament (Accommodation Services for
Version as at
Members and Travel Services for Family Members)
Explanatory
18 April 2024
Determination 2023
memorandum
•
Members of Parliament (Accommodation Services for Members and
Travel Services for Family Members) Amendment Determination 2024
Issued under the authority of the
Legislation Act 2019.
Date of notification in
Gazette: 10 August 2023.
33
Members of Parliament (Accommodation Services for
Members and Travel Services for Family Members)
Version as at
Notes
Determination 2023
18 April 2024
Notes
1
General
This is a consolidation of the Members of Parliament (Accommodation Ser‐
vices for Members and Travel Services for Family Members) Determination
2023 that incorporates the amendments made to the legislation so that it shows
the law as at its stated date.
2
Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted
or made by the legislation consolidated and by the amendments. This presump‐
tion applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐
lished as an electronic version, is an official version. A printed version of
legislation that is produced directly from this official electronic version is also
an official version.
3
Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to con‐
solidations using the powers under
subpart 2 of Part 3 of the Legislation Act
2019. See also PCO editorial conventions for consolidations.
4
Amendments incorporated in this consolidation
Members of Parliament (Accommodation Services for Members and Travel Services for Family
Members) Amendment Determination 2024 (SL 2024/49)
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2024
34
