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Civil List Act 1999

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006


CIVIL LIST ACT 1999


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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