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Remuneration Authority Amendment Bill (Consistent) (Sections 7, 27) [2015] NZBORARp 5 (6 March 2015)

Last Updated: 17 January 2019

Remuneration Authority Amendment Bill PCO 18968/4.0

6 March 2015

Attorney-General

Remuneration Authority Amendment Bill PCO 18968/4.0

Our Ref: ATT395/224

I have reviewed this Bill which is scheduled for urgent introduction next week and could find no inconsistency with the New Zealand Bill of Rights Act 1990.

If passed, the Bill will alter the method by which the Remuneration Authority sets the

salaries of Members of Parliament. It leaves untouched the method applied to other salaries set by the Remuneration Authority, including judicial salaries. Future determinations of salaries for Members of Parliament will be linked to the Labour Cost Index applicable to public sector salaries.

None of the rights guaranteed by the Bill of Rights Act have any application to the setting of salaries of Members of Parliament by the Remuneration Authority.

The Bill’s transitional provisions would also have the effect of revoking the Parliamentary Salaries and Allowances Determination 2015 recently made by the Remuneration Authority and due to be implemented on 25 March 2015 with backdated effect from 1 July 2014. As a temporary measure the 2013 determination will be deemed to have continuous effect as from 1 July 2014 and apply until such time as the Remuneration Authority can make a new determination for that period applying the amended formula.

Although of retrospective effect the Bill does not purport to interfere with any existing proceedings in respect of the Authority’s 2015 determination, whether by judicial review or otherwise so there is no question of any limitation of the right guaranteed by s 27(3) to bring proceedings against the Crown. No such proceedings are in existence but even if they were there would be no self-evident limitation. Section 27(3) guarantees only procedural

equality in litigation. It does not guarantee that the prospects of success in litigation will not be disturbed by Parliament changing the law.

At the time of preparing this advice, the Bill is still under discussion between officials. We do not anticipate subsequent versions of the Bill to have any effect on this advice but will notify your office immediately of any significant changes. This advice has been peer reviewed by Senior Crown Counsel Paul Rishworth.

Austin Powell

Senior Crown Counsel

Disclaimer

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 PCO 18968/4.0. 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. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.