Date payment comes into effect

After an election or by-election

Under section 115 of the Local Electoral Act 2001, a candidate who is declared to be elected comes into office on the day after the day on which the official result of the election is declared by public notice under section 86. Therefore, the remuneration of an elected member comes into effect on that day.

After a triennial election

On the day after the day the official result is declared, all mayors, Auckland local board members and community board members will be paid the rate applicable to them that is prescribed in the current determination. 

All other elected members, ie. members elected to district, regional and unitary councils (councillors) will be paid the minimum allowable remuneration rate for a councillor as shown for their council in the determination. This also applies to returning members whether they were elected unopposed or in a contest.

Councillors will remain on the minimum allowable remuneration rate while their council decides the proposed “base remuneration” for a councillor who has no additional responsibilities and the proposed additional remuneration for positions of responsibility. Councils will then submit their proposals to the Remuneration Authority for approval and inclusion in an amending determination. 

Councillors with no additional responsibilities

All councillors will then move from their minimum allowable remuneration rate to their new base remuneration rate for councillors with no additional remuneration when the amending determination has been gazetted. The new base remuneration is backdated and will take effect from the day after the day on which the official result for the council was declared.

On appointment to a position of responsibility

If an elected member is appointed/elected to a position of responsibility their new remuneration rate, as shown in the amending determination, comes into effect on and from the day after the day on which the appointment was confirmed by council resolution.

Changes during a council term

If a council makes a change to its governance structure and/or positions of responsibility during a council term and this has implications for councillor remuneration, the council must wait until the amending determination which contains its new remuneration rates is approved and gazetted by the Authority before it can pay the new remuneration rates for positions of responsibility and the new base councillor rate for positions with no additional responsibility.

In this case the new remuneration rates will come into effect on and from the day after the day on which the council made its formal decision on its governance structure and/or roles. The new remuneration for councillors holding positions with no additional responsibility commence on this date.  The additional remuneration for councillors appointed to positions of responsibility come into effect on and from the day after the day on which their appointment is confirmed by council resolution.

Date payment ceases

Leaving office

The remuneration of an elected member will cease on either the day:

  • the official result of the election to the local authority, local board or community board is declared by public notice under section 86 of the Local Electoral Act 2001. 

    Therefore, all current elected members will continue on their current rates of pay till midnight on the day that the official result is declared. This applies to returning members, whether they were elected unopposed or in a contest, and to members who are defeated or did not contest the election.

Or:

  • they vacate their office during a council term under clauses 4 and 5 of schedule 7 of the Local Government Act 2002. In the case of a resignation, that is the day on which the elected member’s notice to resign is delivered to the chief executive of the local authority (see clause 4).

Positions of responsibility

The additional remuneration received by an elected member who holds a position of responsibility will cease on either:

  • the day that the elected member submits their notice to resign from their position of responsibility.

Or:

  • the day that the elected member is removed from their position of responsibility by a council or board resolution.

Or:

  • the day that their position of responsibility is disestablished by a council resolution and subject to the prior approval of the Remuneration Authority. 

In all cases the elected member’s remuneration reverts to the current councillor with no additional responsibilities rate or to the appropriate member’s rate for Auckland local boards or community boards as shown in the determination.

Positions of responsibility include chairperson and deputy chairperson of a regional council or local board, deputy mayor, chairperson and deputy chairperson of a council committee, chairperson and deputy chairperson of an Auckland local board and chairperson of a community board.