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Niue Consolidated Legislation |
NIUE LAWS
LEGISLATION AS AT DECEMBER 2006
1999/248 – 1 July 1999
1 Short title
2 [Spent]
3 Interpretation
4 Remuneration and allowances
5 Appropriation
6 Payment of remuneration
7 Period for which the Premier ’s and Ministers’ remuneration and allowances are payable
8 Period for which Members’ remuneration and allowances are payable
9 Advance of remuneration
10 Advance of overseas travel allowance
11 Allowances to be treated as taxable income
12 [Spent]
SCHEDULE
_______________________________
To prescribe under article 25(2) of the Constitution the remuneration and other entitlements of the Premier, other Ministers, the Members of the Assembly who are not Ministers, and the Speaker
1 Short title
This is the Civil List Act 1999.
2 [Spent]
3 Interpretation
In this Act –
"Acting Premier" means a Minister discharging the functions of Premier pursuant to article 9(1) or (2) of the Constitution;
"Member" means a person elected as a member of the Assembly under article 16 of the Constitution but does not include the Premier, a Minister or the Speaker;
"Minister" means a member of the Cabinet but does not include the Premier or a temporary Minister;
"Premier" means a member of the Assembly elected under article 4 of the Constitution but does not include an Acting Premier;
"Speaker" means the Speaker of the Niue Assembly elected under article 20 of the Constitution but does not include a member of the Assembly performing the functions of the Speaker under that article;
"temporary Minister" means a Member appointed as a temporary Minister under article 8 of the Constitution.
"Associate Minister" means a Member designed as an Associate Minister for the purpose of assisting the Minister in the exercise of official duties.
4 Remuneration and allowances
There is payable to the Premier, Ministers, Members, and the Speaker the remuneration and allowances specified in the Schedule.
5 Appropriation
A remuneration or allowance payable under this Act is to be paid out of the Niue Government Account without further appropriation.
6 Payment of remuneration
A remuneration specified in Part 1 of the Schedule is payable by equal fortnightly instalments in arrears with a proportionate payment for any fraction of a fortnight served.
7 Period for which the Premier ’s and Ministers’ remuneration and allowances are payable
The remuneration and allowances of the Premier and each Minister of Cabinet shall commence on the day on which he/she is appointed under article 4 and 5 of the Niue Constitution and ending on the day that he/she vacates his/her office under article 3 or 7 of the Niue Constitution.
8 Period for which Members’ remuneration and allowances are payable
(1) The remuneration and allowance of each member shall commence on the day the Chief Electoral Officer publicly declares him/her to be elected and shall cease on the day a new Member has been declared by the Chief Electoral Officer or unless his/her seat becomes vacant by death or otherwise as the case may be.
(2) Where a member is returned unopposed his/her period of remuneration shall recommence on the date that the Chief Electoral Officer declares him/her to be elected and shall cease on the date a new Member has been declared by the Chief Electoral Officer or unless his/her seat becomes vacant by death or otherwise as the case may be.
9 Advance of remuneration
If a person who is entitled to be paid a remuneration under Part 1 of the Schedule is due to be absent from Niue he or she may be paid that remuneration in advance –
(a) If the person is due to be absent from Niue on official business connected with his or her position in the Assembly, for such part of the absence as the person is due to spend on that official business; or
(b) In any other case, for the period of his or her absence from Niue up to a maximum period of 4 weeks from his or her departure from Niue.
10 Advance of overseas travel allowance
(1) An overseas travel allowance payable may be paid in advance of the travel.
(2) If on the return of a person to whom an overseas travel allowance has been paid in advance it is found that the allowance was paid in respect of too few days allowance in respect of the additional days is to be paid to the person.
(3) If on the return of a person to whom an overseas travel allowance has been paid in advance it is found that the allowance was paid in respect of too many days the allowance paid in respect of the additional days is to be refunded by the person to whom it was paid within 7 days of his or her return to Niue under Part 2 of the Schedule.
(4) Any overseas travel allowance not repaid by a person under subsection (3) may be deducted from any other money payable to that person under this Act.
11 Allowances to be treated as taxable income
An allowance referred to in Part 2 of the Schedule except for the Clothing Allowance, Overseas Travel Allowance, Premier’s Entertainment and Residence Allowance, is to be treated as taxable income for income tax purposes.
12 [Spent]
_______________________________
SCHEDULE
PART 1 – REMUNERATION
Office | Rate of Remuneration |
Premier | $60,803 a year |
Minister | $39,315 a year |
Speaker | $18,025 a year |
Member | $14,729 a year |
PART 2 – ALLOWANCES
Type of allowance | Amount of allowance |
Premier’s entertainment allowance | $1,323 a year |
Payable to the Premier to cover costs | |
incurred by the Premier in hosting | |
official functions. | |
Premier’s residence allowance | $6,000 a year |
Payable to the Premier to cover the | |
cost of maintaining the Premier’s | |
residence | |
The Ministers | $3,000 a year |
Payable to a minister annually | |
Acting Premier’s allowance | $60 a day in addition to |
Payable to a Minister when acting | remuneration as a Minister |
as Premier | |
Acting Minister’s allowance | |
Payable to a Member when | $50 a day in addition to |
acting as a Minister | remuneration as Member |
Clothing allowance | Premier $800 payable every 3 years Minister $750 payable every 3 years Speaker $500 payable every 3 years Member $500 payable every
3 years |
| The allowance is payable on the |
| person first becoming a member of |
| the Assembly and is then payable |
| not sooner than 3 years after the |
| payment of any previous |
| clothing allowance of any amount. |
Overseas travel allowance Payable to the Premier, a Minister, a Member and the Speaker in connection with the person’s official
duties – To cover accommodation, meals and incidental expenses necessarily incurred in carrying out such duties. | Daily amount as determined by the Niue Public Service Commission The allowance may differ in respect of the office in the Assembly
held by the person travelling and by the country or countries to be visited by the personThe allowance payable is to be reduced by
an equal amount to any allowance that is to be paid by a person other than the Government of Niue to cover |
| accommodation, meals and |
| incidental expenses. |
Extra duties allowance | $50 a day in addition to Associate |
Payable to a Member who at the | Minister remuneration as a Member |
request of a Minister and with | |
the approval of the Premier | |
provides assistance to that Minister | |
in the exercise of that Ministers | |
official duties. | |
Select Committee Member’s Allowance Payable to a Select Committee | For meetings outside of normal working hours $70 per day For meetings between |
Member who attends Select Committee meetings | 8.30am-12.30pm during normal working hours $30 per day For meetings during normal |
| working hours between 8.30am and 4.00pm and beyond, $50 per meeting |
Speaker’s Allowance | $1,000 a year |
Payable to the Speaker to cover | |
costs incurred in relation to official | |
duties and representation at | |
functions | |
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URL: http://www.paclii.org/nu/legis/consol_act/cla1999127