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Niue Sessional Legislation |
NIUE
NO. 336
Contents
1. Title
2. Commencement
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. Members assisting a Minister
13. Effectiveness of Remuneration and Allowances
SCHEDULE
An Act to prescribe under article 25(2) of the Constitution the remuneration and other entitlements of the Premier, Ministers, Members of the Niue Assembly and the Speaker
The Assembly enacts as follows-
This is the Civil List Act 2016.
This Act comes into force on the day after the date on which this Act becomes law in accordance with Article 34 of the Constitution.
In this Act, unless the context otherwise requires, -
"Acting Premier" means a Minister discharging the functions of Premier pursuant to article 9(1) or (2) of the Constitution;
"Member of the Niue Assembly," or "Member" means a person elected as a Member of the Niue Assembly under article 16 of the Constitution;
"Member assisting a Minister" means a Member of the Niue Assembly who has been appointed by the Premier to assist a Minister in the undertaking of the duties of the Minister;
"Minister" means a Member of the Niue Assembly who has been appointed as such under Article 5 of the Constitution, but does not include a temporary Minister;
"Premier" means a Member of the Niue 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 Niue Assembly performing the functions of the Speaker under that article;
"temporary Minister" means a Member of the Niue Assembly appointed as a temporary Minister under article 8 of the Constitution.
There is payable to the Premier, Ministers, Members of the Niue Assembly and the Speaker the remuneration and allowances specified in the Schedule.
A remuneration or allowance payable under this Act is to be paid out of the Niue Government Account without further appropriation.
(1) 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.
(2) The rate of remuneration in Part 1 of the Schedule is deemed to be effective from 1st July, 2016.
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 end on the day that he/she vacates his/her office under Article 3 or Article 7 of the Niue Constitution.
(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.
(1) 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.
(1) An overseas travel allowance payable under Part 2 of the Schedule 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 an adjustment 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 exceeded 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.
(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.
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.
(1) The Premier may, as the Premier sees fit, at any time appoint a Member to assist a Minister.
(2) No more than three Members may at any time hold appointment under subsection (1).
(3) Every appointment of a Member under subsection (1) is effective from the date of notification of the appointment, and ends on the date of notification of termination, by the Premier in writing to the Financial Secretary.
(4) Public notice shall be given of every appointment and termination of appointment under this section.
Notwithstanding section 7, the remuneration and allowances in clause 3 shall be deemed to be effective from 1st July, 2016.
The Civil List Act 2009 and subsequent amendments are repealed.
SCHEDULE
PART 1- REMUNERATION
| Office | Rate of Remuneration - Annual | |
| Premier | $78,582.00 | - $80,055.00 |
| Minister | $53,406.00 | - $56,009.00 |
| Member Assisting Minister | $41,162.00 | - $44,315.00 |
| Member - | $27,409.00 | - $31,179.00 |
| Speaker | $32,175.00 | - $35,731.00 |
PART 2 - ALLOWANCES
| Type of allowance | Amount of allowance |
| Premier's Entertainment and Residence allowance payable to the Premier annually, to defray costs incurred by the Premier in relation to official duties, representation at official
functions and to defray the cost of maintaining the Premiers residence. | $10,000 per annum |
| Ministerial allowance payable to a Minister annually, to defray the costs incurred in relation to official duties and representation at official functions | $8,000 per annum |
| Member Assisting a Minister Allowance payable annually to a Member who is assisting the Minister with the duties of the Minister, to defray the cost incurred in relation
to official duties and representation at official functions | $6,000 per annum |
| Speaker's Allowance payable to the Speaker to defray costs incurred in relation to official duties and representation at functions | $6,000 per annum |
| Member of the Niue Assembly Allowance payable to a Member to defray the costs incurred in relation to official duties and representation at official functions | $4,000 per annum |
| Acting Premier's allowance Payable to a Minister when acting as Premier | $100 per day in addition to remuneration as a Minister |
| Temporary Minister's allowance Payable to a Member when acting as a Minister | $70 a day in addition to 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. | Premier $500 daily allowance Minister $350 daily allowance Speaker $200 daily allowance Member $200 daily allowance 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 person. The allowance payable is to be adjusted 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. |
| Overseas entertainment allowance Payable to the Premier, a Minister, a Member assisting a Minister, Members of the Niue Assembly and the Speaker in connection with the person's official duties. | Premier $450 per trip Minister $300 per trip Member Assisting the Minister $300 per trip Member $250 per trip Speaker $250 per trip 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 person. |
| Select Committee Member's Allowance Payable to a Select Committee Member who attends Select Committee meetings | For meetings outside of normal working hours $70 per day. For meetings between 8.30am-12.30pm during normal working hours $50 per
day. For meetings during normal working hours between 8.30am and 4.00pm and beyond, $100 per meeting |
I, Togiavalu Pihigia, Speaker of the Niue Assembly, certify that the requirements of Article 34 of the Niue Constitution have been complied with.
SIGNED AND SEALED at the Assembly Chambers this 18th day of November 2016.
Speaker of the Niue Assembly
COUNTERSIGNED in the presence of the Speaker
Clerk of the Niue Assembly
This Act is administered by the Treasury Department.
This Act was passed by the Niue Assembly on the 16th day of November 2016.
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URL: http://www.paclii.org/nu/legis/num_act/cla2016127
