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Remuneration Authority Amendment Bill (Consistent) [2009] NZBORARp 33 (21 May 2009)

Last Updated: 28 April 2020

21 May 2009

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: REMUNERATION AUTHORITY AMENDMENT BILL

1. We have considered whether the Remuneration Authority Amendment Bill (PCO

13786/4.0) (the ‘Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of

Rights Act’). We understand that this Bill is likely to be considered by the Cabinet

Legislation Committee at its meeting on Thursday, 28 May 2009.

2. The Bill will amend the Remuneration Authority Act 1977 (the ‘Act’). The Bill proposes that the Remuneration Authority (the ‘Authority’), in determining the remuneration of persons or groups of persons under the Act:

• must take into account any prevailing adverse economic conditions, based on evidence from an authoritative source, and may determine the remuneration at a rate lower than it would otherwise have determined

• may take into account any views of persons or groups of persons who do not wish to receive an increase in remuneration, and determine the remuneration at a rate lower than it would otherwise have determined. However, the Authority must not determine the remuneration of a group of persons at a lower rate unless all persons in the group agree in writing that they do not wish to receive an increase in remuneration.

3. To ensure the independence of the Judiciary, the Bill specifically excludes the application of the second bullet point to determinations relating to the remuneration of judicial officers (clause 4 of the Bill, inserting new section 18A(3)(b) into the Act).

4. The Bill will also amend Schedule 4 of the Act to update the titles of certain statutory officers whose remuneration is to be determined by the Authority.

5. We have reached the conclusion that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Remuneration Authority Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill

complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.

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