Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Determination 2023
Version as at 18 April 2024
Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Determination 2023
(SL 2023/195)
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This determination (to which is appended an explanatory memorandum) is made by the Remuneration Authority under section 17 of the Members of Parliament (Remuneration and Services) Act 2013 and the Remuneration Authority Act 1977 after complying with sections 18 and 32 of the Members of Parliament (Remuneration and Services) Act 2013.
Contents
Determination
1 Title
This determination is the Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Determination 2023.
2 Commencement
This determination comes into force on 15 October 2023.
Part 1 Preliminary matters
3 About this determination
(1)
This determination is made under section 17 of the Members of Parliament (Remuneration and Services) Act 2013.
(2)
Section 17 of the Act provides for accommodation services within New Zealand for members of Parliament, qualifying electoral candidates, and Ministers, and their family members.
(3)
This determination does not provide for the following services:
(a)
travel services, administrative and support services, and communications services for members of Parliament and qualifying electoral candidates (see section 23(1) of the Act):
(b)
travel services in respect of members of Parliament participating in the political exchange programme (see section 23(1)(f) of the Act):
(c)
international travel and accommodation services in respect of members of Parliament travelling for parliamentary purposes (see section 23(3) of the Act):
(d)
travel services within New Zealand for Ministers that are additional or alternative to travel services referred to in paragraphs (a) to (c) (see section 27 of the Act):
(e)
travel and accommodation services in respect of members of Parliament participating in the official inter-parliamentary relations programme (see section 34 of the Act).
4 Overview
(1)
This determination comprises 4 Parts.
(2)
This Part contains—
(a)
principles that underpin this determination and indicate the spirit in which it should be interpreted and applied; and
(b)
definitions used in the determination; and
(c)
separate clauses defining primary place of residence, parliamentary purpose, and year; and
(d)
a provision that prorates a service if eligibility to the service changes during a year; and
(e)
a provision that includes goods and services tax in, and excludes card use charges from, amounts specified in this determination; and
(f)
a provision about the resolution or determination of issues relating to the interpretation, application, or operation of this determination; and
(g)
a provision about which organisations are responsible for administering this determination.
(3)
Part 2 provides for accommodation services in Wellington (subpart 1), accommodation services outside Wellington (subpart 2), and an increase in accommodation payments both in and outside Wellington in certain circumstances (subpart 3).
(4)
Part 3 provides for travel services for family members of members of Parliament and qualifying electoral candidates.
(5)
Part 4 contains miscellaneous provisions relating to administrative matters.
(6)
This clause—
(a)
is only a guide to the general scheme of this determination; and
(b)
does not limit or affect the other clauses of this determination.
Clause 4(3): amended (with effect on 1 November 2023), on 18 April 2024, by clause 4 of the Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Amendment Determination 2024 (SL 2024/49).
5 Principles
(1)
This clause sets out the principles—
(a)
that underpin this determination; and
(b)
that indicate the spirit in which this determination should be interpreted and applied.
Speaker, Deputy Speaker, Ministers, and other members of Parliament
(2)
The services set out in this determination in relation to the Speaker, the Deputy Speaker, Ministers, and other members of Parliament are intended to support them in performing their respective roles and functions.
(3)
The Speaker, the Deputy Speaker, Ministers, and other members of Parliament should not personally have to meet work-related expenses.
(4)
Any personal benefits to them should be kept to a minimum.
(5)
They are personally responsible for the use of services, even where expenses are incurred on their behalf under delegated authority.
(6)
They must satisfy themselves that the expenses under this determination—
(a)
represent value for money; and
(b)
are incurred having regard to efficiency and effectiveness.
(7)
They must be open and transparent in using the services under this determination and, to that end, should keep proper documentation to facilitate sound administration and to enable any scrutiny required.
Qualifying electoral candidates
(8)
The principles set out in subclauses (2) to (7) apply, with any necessary modifications, in relation to the services provided in this determination for qualifying electoral candidates.
6 Interpretation
(1)
In this determination, unless the context otherwise requires,—
1 day means a 24-hour period beginning at midnight
Deputy Speaker has the same meaning as in section 3 of the Parliamentary Service Act 2000
House means the House of Representatives
Leader of the Opposition means the person who is recognised as Leader of the Opposition in accordance with the Standing Orders of the House
Minister includes a parliamentary under-secretary
ministerial business includes the performance or exercise of the role, functions, or powers of a Minister as set out in the Cabinet Manual
Ministerial Services means the so-named unit of the Department of Internal Affairs
official function means any function to which a member of Parliament may have been invited by reason of his or her status as a member of Parliament
parliamentary purpose has the meaning given in clause 8
Parliamentary Service has the same meaning as in section 3 of the Parliamentary Service Act 2000
primary place of residence has the meaning given in clause 7
private business purposes means purposes on behalf of a person’s own business interests or on behalf of the business interests of any other person, trust, company, or organisation
Speaker has the same meaning as in section 3 of the Parliamentary Service Act 2000
Wellington commuting area means the cities of Wellington, Hutt, Upper Hutt, and Porirua
year has the meaning given in clause 9.
(2)
In this determination, unless the context otherwise requires, terms that are not defined in this determination but that are defined in the Act (for example, accommodation services, dependent child, family member, partner, party, polling day, and qualifying electoral candidate) have the same meaning as in the Act.
(3)
In this determination, travel on scheduled ferry services includes carriage of a motor vehicle on vehicular ferries.
7 Meaning of primary place of residence or primary residence
(1)
This clause defines a member of Parliament’s primary place of residence.
(2)
A member of Parliament’s primary place of residence is in Wellington if—
(a)
the member’s constituency is predominantly within the Wellington commuting area; or
(b)
the member lives permanently in the Wellington commuting area.
(3)
If subclause (2) does not apply, then,—
(a)
if the member of Parliament is the Speaker, the Deputy Speaker, a Minister, or the Leader of the Opposition, the member’s primary place of residence is the place that the member maintains and in which the member would normally live if not required to spend continuous periods in Wellington on ministerial business or for parliamentary purposes; and
(b)
in any other case, the member’s primary place of residence is the place where the member normally lives when not engaged on ministerial business or for parliamentary purposes in Wellington.
8 Meaning of parliamentary purpose
In this determination, an activity undertaken for a parliamentary purpose means an activity undertaken by a member (or, as applicable, qualifying electoral candidate) in the performance of their role and functions as a member of Parliament (including an activity undertaken by the member as a member of a party, provided it is not electioneering or directly related to the administration or management of a party).
9 Meaning of year
(1)
This clause defines a year.
(2)
A year means the period beginning on 1 July in one year and ending on 30 June in the following year.
(3)
However, if a general election occurs during that period, the following are to be treated as if they were a year:
(a)
the period beginning on 1 July and ending on the date of the general election:
(b)
the period beginning on the day after the date of the general election and ending on the day that is the next 30 June.
(4)
If a service is to be provided under this determination in relation to a year, the service is to be provided in relation to a period described in subclause (3) in proportion to the period.
(5)
If prorating a service under subclause (4) produces less than a whole number, the number is to be rounded up to the next whole number.
Prorating in certain circumstances
10 Changes in circumstances during year affecting eligibility for services
(1)
Subclause (2) applies if a person is to be provided under this determination with a service that is expressed in relation to a year and, during a year, there is a change in the person’s circumstances that affects the person’s eligibility for the service.
(2)
The person may receive the service in proportion to the period for which the person was eligible for the service.
Continuation of certain payments
11 Continuation of accommodation payment in certain circumstances
(1)
This clause applies to a person who—
(a)
ceases to hold office as the Speaker, the Deputy Speaker, a Minister, or a member of Parliament (other than the Speaker, the Deputy Speaker, or a Minister) at any time outside a period beginning immediately before the dissolution or expiry of a Parliament and ending at the commencement of the first meeting of the House of the next Parliament; and
(b)
is occupying leased premises in respect of which the person receives a continuous accommodation payment under Part 2.
(2)
The person may continue to receive the continuous accommodation payment for the shorter of the following periods:
(a)
the period of 3 months beginning on the day after the date on which the person ceases to hold office:
(b)
the period of notice required under the lease to determine the lease.
12 GST and card charges
In this determination, reference to an amount of money or to costs is to be treated as—
(a)
including any goods and services tax; but
(b)
not including any charge for using a credit card or purchase card.
13 Resolution or determination of issues
If an issue arises about the interpretation, application, or operation of Part 2 or 3, the issue is to be—
(a)
resolved in accordance with the procedures prescribed by the Remuneration Authority under section 21(1) of the Act; and
(b)
if the issue is not resolved under those procedures, determined by the Remuneration Authority under section 21(3) of the Act.
14 Administration of determination
The provisions of this determination are administered as follows:
(a)
in relation to members of Parliament (other than Ministers) and their family members, by the Parliamentary Service; and
(b)
in relation to Ministers and their family members, by Ministerial Services.
Part 2 Accommodation services
Subpart 1—Accommodation services in Wellington
15 Purpose and basis of providing accommodation services
(1)
The Prime Minister, Speaker, Deputy Speaker, and Ministers have additional functions that require them to spend significantly more time in Wellington than ordinary members of Parliament. The provision of an official residence, a continuous accommodation payment, or a reimbursement arrangement is intended to facilitate the conduct of ministerial business and activities undertaken for parliamentary purposes by—
(a)
the Prime Minister; and
(b)
if their primary place of residence is outside the Wellington commuting area, the Speaker, the Deputy Speaker, and Ministers.
(2)
Continuous accommodation payments made under this subpart are based on estimated market rentals for suitable properties in central Wellington with a contribution to, but not full reimbursement of, other property-related expenses such as utilities, cleaning, and gardening services.
Prime Minister
16 Prime Minister’s official residence (Premier House/Te Whare Pirimia)
(1)
This clause applies to the Prime Minister, whether or not the Prime Minister’s primary place of residence is within the Wellington commuting area.
(2)
The Prime Minister is entitled to be provided with the official residence in Wellington known as Premier House/Te Whare Pirimia.
(3)
If the Prime Minister takes up residence in Premier House/Te Whare Pirimia, the actual and reasonable costs of moving to and from there and either (but not both) of the following residences will be met:
(a)
the Prime Minister’s primary place of residence:
(b)
an alternative Wellington residence.
(4)
Premier House/Te Whare Pirimia is to be provided with the maintenance and support services commensurate with the status of the official residence. This subclause does not apply to any other accommodation.
(5)
The Prime Minister must vacate Premier House/Te Whare Pirimia not later than 14 days after ceasing to hold the office of Prime Minister.
17 Continuous accommodation: Prime Minister
(1)
This clause applies if the Prime Minister’s primary place of residence is outside the Wellington commuting area and the Prime Minister does not take up residence in Premier House/Te Whare Pirimia.
(2)
If this clause applies, the Prime Minister may elect to receive a continuous accommodation payment in respect of Wellington accommodation.
(3)
The maximum amount of the continuous accommodation payment is $52,000 per year.
18 Non-continuous accommodation: Prime Minister
(1)
This clause applies if the Prime Minister’s primary place of residence is outside the Wellington commuting area, the Prime Minister does not take up residence in Premier House/Te Whare Pirimia, and the Prime Minister does not elect to receive a continuous accommodation payment.
(2)
If this clause applies, the Prime Minister is entitled to claim reimbursement of the Prime Minister’s actual and reasonable expenses of hotel accommodation in the Wellington commuting area.
(3)
The maximum amounts that may be claimed under subclause (2) are—
(a)
$350 in respect of a single night’s accommodation:
(b)
$52,000 per year.
(4)
In subclause (2), actual and reasonable expenses excludes charges for all meals, laundry, use of a minibar, and parking at the accommodation.
19 Limit on total amount of accommodation payments: Prime Minister
Speaker and Deputy Speaker
20 Speaker: official residence
(1)
This clause and clauses 21 to 23 apply if the primary place of residence of the Speaker is outside the Wellington commuting area.
(2)
If this clause applies, the Speaker is entitled to be provided with an official residence in Wellington.
(3)
If the Speaker takes up residence in an official residence, the actual and reasonable costs of moving to and from the official residence and either (but not both) of the following residences will be met:
(a)
the Speaker’s primary place of residence:
(b)
an alternative Wellington residence.
(4)
The official residence is to be provided with the maintenance and support services commensurate with the status of the official residence. This subclause does not apply to any other accommodation.
(5)
The Speaker must vacate the official residence not later than 5 working days after vacating the office of Speaker, if that happens at any time other than on polling day at a general election.
(6)
However, if the person who holds the office of Speaker on polling day at a general election vacates office before the first meeting of the House after polling day, the person must vacate the official residence not later than 5 working days after vacating office or the day before the first meeting of the House, whichever is the earlier.
(7)
In this clause and clause 21, official residence—
(a)
means a residence owned by the Crown, or owned or rented by the Parliamentary Corporation (within the meaning of the Parliamentary Service Act 2000) for the Speaker to reside in; and
(b)
may be a house, an apartment, or a town house.
21 Continuous accommodation: Speaker
(1)
If the Speaker does not occupy an official residence, the Speaker may elect to receive a continuous accommodation payment in respect of Wellington accommodation.
(2)
The maximum amount of the continuous accommodation payment is $52,000 per year.
22 Non-continuous accommodation: Speaker
(1)
If the Speaker does not occupy an official residence and does not elect to receive a continuous accommodation payment, the Speaker is entitled to claim reimbursement of the Speaker’s actual and reasonable expenses of hotel accommodation in the Wellington commuting area.
(2)
The maximum amounts that may be claimed under subclause (1) are—
(a)
$350 in respect of a single night’s accommodation:
(b)
$52,000 per year.
(3)
In subclause (1), actual and reasonable expenses excludes charges for all meals, laundry, use of a minibar, and parking at the accommodation.
23 Limit on total amount of accommodation payments: Speaker
24 Deputy Speaker’s residence or other accommodation
Clauses 20 to 23 also apply to the Deputy Speaker and, for that purpose, those clauses are to be read as if references to the Speaker were references to the Deputy Speaker.
Ministers
25 Application of clauses 26 to 29
(1)
Clauses 26 to 29 apply—
(a)
only to Ministers other than the Prime Minister; and
(b)
only if the Minister’s primary place of residence is outside the Wellington commuting area.
(2)
Clauses 26 to 29 do not apply to parliamentary under-secretaries.
26 Minister: official residence
(1)
The Minister Responsible for Ministerial Services may, in that Minister’s discretion, allocate an official residence to a Minister.
(2)
If a Minister takes up an official residence, the actual and reasonable costs of moving to and from the official residence and either (but not both) of the following residences will be met:
(a)
the Minister’s primary place of residence:
(b)
an alternative Wellington residence.
(3)
All ministerial official residences are to be provided with the maintenance and support services commensurate with the status of the official residence. This subclause does not apply to any other accommodation.
(4)
A Minister must vacate the official residence not later than 14 days after ceasing to hold office as a Minister.
27 Continuous accommodation: Minister
(1)
If a Minister does not occupy an official residence, the Minister may elect to receive a continuous accommodation payment in respect of Wellington accommodation.
(2)
The maximum amount of the continuous accommodation payment is $52,000 per year.
28 Non-continuous accommodation: Minister
(1)
If a Minister does not occupy an official residence and does not elect to receive a continuous accommodation payment, the Minister is entitled to claim reimbursement of actual and reasonable expenses of the Minister’s hotel accommodation in the Wellington commuting area.
(2)
The maximum amounts that may be claimed under subclause (1) are—
(a)
$350 in respect of a single night’s accommodation:
(b)
$52,000 per year.
(3)
In subclause (1), actual and reasonable expenses excludes charges for all meals, laundry, use of a minibar, and parking at the accommodation.
29 Limit on total amount of accommodation payments: Minister
Members
30 Meaning of Wellington accommodation
In clauses 31 to 35, unless the context otherwise requires, Wellington accommodation means the accommodation of a member of Parliament within the Wellington commuting area when the member of Parliament is engaged in activities undertaken for parliamentary purposes in Wellington.
31 Basis of providing Wellington accommodation payments for members
Accommodation payments made under this subpart are based on estimated market rentals for suitable properties in central Wellington with a contribution to, but not full reimbursement of, other property-related expenses such as utilities, cleaning, and gardening services.
32 Application of clauses 33 to 38
Clauses 33 to 38 apply in respect of a member of Parliament’s Wellington accommodation expenses if—
(a)
the member’s primary place of residence is outside the Wellington commuting area; and
(b)
the member is not provided with a residence at the public cost.
33 Continuous accommodation: member
(1)
A member of Parliament may elect to receive a continuous accommodation payment in respect of Wellington accommodation.
(2)
The maximum amount of the continuous accommodation payment is $36,400 per year.
34 Non-continuous accommodation: member
(1)
If a member of Parliament does not elect to receive a continuous accommodation payment, the member is entitled to claim reimbursement of the member’s actual and reasonable expenses of accommodation up to the following maximum amounts:
(a)
$260 per night, if the accommodation is in commercial premises; or
(b)
$70 per night, if the accommodation is in other premises.
(2)
In subclause (1), actual and reasonable expenses excludes charges for all meals, laundry, use of a minibar, and parking at the accommodation.
35 Limit on total amount of accommodation payments: member
Shared accommodation
36 Limit on continuous accommodation payment where member shares accommodation
(1)
If a member of Parliament lives in the same accommodation with 1 or more other persons, the maximum amount of the continuous accommodation payment that may be paid to the member in respect of the accommodation is as follows:
(a)
if the member shares the accommodation with 1 other person, 70% of the continuous accommodation payment that would be payable if the member were not sharing the accommodation:
(b)
if the member shares the accommodation with 2 other persons, 60% of the continuous accommodation payment that would be payable if the member were not sharing the accommodation:
(c)
if the member shares the accommodation with 3 or more other persons, 55% of the continuous accommodation payment that would be payable if the member were not sharing the accommodation.
(2)
To avoid doubt, if a member is a Minister, references in subclause (1) to a continuous accommodation payment are to be treated as references to the continuous accommodation payment of the Minister in the capacity of Minister.
(3)
For the purposes of subclause (1), other person—
(a)
includes a person whether or not a member of Parliament; but
(b)
does not include a family member of the member of Parliament.
Reduction of Wellington continuous accommodation payment in certain circumstances
37 Reduction of Wellington continuous accommodation payment in certain circumstances
If a member of Parliament sublets their Wellington accommodation for part of the year, their continuous accommodation payment must be reduced by an amount reflecting the amount of time that the accommodation is sublet.
Example
If a member’s continuous accommodation is sublet for a cumulative total of 3 months in a year, the member’s accommodation payment would be reduced by 25% for the year.
Vacating members
38 Vacating members
(1)
This clause applies to a person who—
(a)
is a member of Parliament immediately before the dissolution of a Parliament and—
(i)
is not a candidate at the next general election; or
(ii)
is an unsuccessful candidate at that general election; or
(b)
has vacated the office of member of Parliament during a parliamentary term under section 55(1) of the Electoral Act 1993.
(2)
The person has, for 4 weeks after the date on which the person ceased to be a member of Parliament, the same entitlements under clauses 16 to 36 to accommodation services that they were entitled to immediately before they ceased to be a member of Parliament.
(3)
Entitlements under this clause must be used to enable the person to attend to matters associated with leaving Parliament.
Qualifying electoral candidates
39 Purpose and basis of providing accommodation services for qualifying electoral candidates
Members of Parliament cease to hold office at the close of polling day. However, it is recognised that members who vacate office at the close of polling day and are seeking re-election, and other candidates who appear to have been elected on the basis of election-night results, need to be supported after the election. The provision of services between polling day and the official election results enables those candidates to participate in processes related to the formation of a government and the making of arrangements at Parliament, commence representation of their constituencies and other parliamentary duties, and, where applicable, participate in parliamentary induction after the election. The position is similar if there is a by-election.
40 Wellington accommodation
(1)
Subclauses (2) and (3) apply to a qualifying electoral candidate described in item 1 or 2 of Schedule 1 of the Act.
(2)
Clauses 16 to 38 continue to apply to a qualifying electoral candidate as if the qualifying electoral candidate had continued to hold—
(a)
office as a member of Parliament:
(b)
any of the offices referred to in clause 53(3), if the qualifying electoral candidate held any of those offices on polling day.
(3)
If preliminary results made available by the Electoral Commission on or after polling day indicate that the qualifying electoral candidate appears to be elected, but the candidate is not duly elected, the period of 4 weeks specified in clause 38(2) must be calculated from the date on which the Electoral Commission declares another candidate to be elected under section 179(2) or 193(5) of the Electoral Act 1993.
(4)
Subclause (5) applies to a qualifying electoral candidate described in item 3, 4, or 5 of Schedule 1 of the Act.
(5)
Clauses 32 to 37 apply to a qualifying electoral candidate as if the qualifying electoral candidate had—
(a)
held office as a member of Parliament on polling day; and
(b)
continued to hold office as a member of Parliament after polling day.
Additional accommodation services support for unavoidable circumstances beyond member’s control
41 Additional accommodation support for unavoidable circumstances beyond member’s control
(1)
This clause applies if a member of Parliament (including the Prime Minister, the Speaker, the Deputy Speaker, or a Minister) is temporarily unable to use their usual accommodation (primary place of residence or continuous accommodation), whether within or outside the Wellington commuting area, and must use alternative accommodation because of a circumstance that is unavoidable, beyond their control, and associated with their role and functions as a member of Parliament.
(2)
If this clause applies, a non-continuous accommodation payment in respect of the alternative accommodation for the period during which they are unable to use their usual accommodation may be authorised.
(3)
The maximum non-continuous accommodation payment that may be authorised under this clause is the same as the maximum amount specified in clause 18(3)(a), 22(2)(a), 28(2)(a), or 34(1) (whichever applies to the member).
(4)
The responsibility for granting an authorisation under this clause is to be determined in accordance with section 7 of the Parliamentary Service Act 2000.
Subpart 2—Accommodation services outside Wellington
Speaker and Leader of Opposition
42 Non-Wellington accommodation: Speaker and Leader of Opposition
(1)
This clause applies if the Speaker or the Leader of the Opposition, while engaging in activities undertaken for parliamentary purposes, incurs expenses in respect of accommodation outside the Wellington commuting area and those expenses are incurred in circumstances where—
(a)
the Speaker or the Leader of the Opposition is at least 80 km from their primary place of residence; or
(b)
the Speaker or the Leader of the Opposition could not reasonably be expected to travel to their primary place of residence by conventional methods or safely.
(2)
If this clause applies, the Speaker or the Leader of the Opposition may be paid the actual and reasonable expenses of the accommodation up to the following maximum amounts:
(a)
$425 per night, if the accommodation is in commercial premises in Queenstown:
(b)
$350 per night, if the accommodation is in commercial premises not in Queenstown:
(c)
$70 per night, if the accommodation is in other premises.
(3)
The Speaker and the Leader of the Opposition may also be paid the actual and reasonable expenses under this clause for the accommodation of 1 or more family members accompanying them, but (to avoid doubt) the maximum amounts specified in subclause (2) apply to the aggregate of the accommodation expenses of the Speaker or the Leader of the Opposition and their family member or members.
(4)
In this clause, actual and reasonable expenses—
(a)
includes charges for breakfast and Internet services; but
(b)
excludes charges for other meals, laundry, use of a minibar, and parking at the accommodation.
Ministers
43 Purpose and basis of providing accommodation to Ministers
Ministers travel frequently outside Wellington, often accompanied by office staff or departmental officials. They require accommodation where they can hold meetings and attend to their normal ministerial work while travelling. The accommodation they require is accordingly more expensive than that required by other members. These provisions apply also to the Speaker and the Leader of the Opposition, whose circumstances are similar.
44 Non-Wellington accommodation: Ministers
(1)
This clause applies if a Minister, while on ministerial business, incurs expenses in respect of accommodation outside the Wellington commuting area and those expenses are incurred in circumstances where—
(a)
the Minister is at least 80 km from the Minister’s primary place of residence; or
(b)
the Minister could not reasonably be expected to travel to the Minister’s primary place of residence by conventional methods or safely.
(2)
If this clause applies, the Minister may be paid the actual and reasonable expenses of the accommodation up to the following maximum amounts:
(a)
$425 per night, if the accommodation is in commercial premises in Queenstown:
(b)
$350 per night, if the accommodation is in commercial premises not in Queenstown:
(c)
$70 per night, if the accommodation is in other premises.
(3)
A Minister may also be paid the actual and reasonable expenses under this clause for the accommodation of 1 or more family members accompanying the Minister, but (to avoid doubt) the maximum amounts specified in subclause (2) apply to the aggregate of the accommodation expenses of the Minister and the family member or members.
(4)
In this clause, actual and reasonable expenses—
(a)
includes charges for breakfast and Internet services; but
(b)
excludes charges for other meals, laundry, use of a minibar, and parking at the accommodation.
45 Ministers’ accommodation when hosting Guest of Government
(1)
This clause applies when a Minister incurs expenses in respect of accommodation outside the Wellington commuting area in connection with the function of hosting an official guest who has been granted full Guest-of-Government status by the Prime Minister.
(2)
The Minister may be paid the actual and reasonable expenses of the accommodation, and the maximum amounts specified in clause 44(2) do not apply.
(3)
In this clause, actual and reasonable expenses has the same meaning as in clause 44(4).
Spouse or partner of certain members
46 Cost of evening meal for spouse or partner of certain members
(1)
A member of Parliament who is a specified member may be paid for the expense of an evening meal up to a maximum of $80 for the member’s spouse or partner if, in relation to an official function or official event outside the Wellington commuting area,—
(a)
the member considers that it is necessary and appropriate for the member’s spouse or partner to accompany the member when the member is engaged on ministerial business or for a parliamentary purpose; and
(b)
attendance requires the spouse or partner to be away from the member’s primary place of residence overnight; and
(c)
an evening meal is not provided at the function or event.
(2)
This clause applies despite clauses 42(3) and (4)(b) and 44(3) and (4)(b).
(3)
In this clause, specified member—
(a)
means the Speaker, a Minister, or the Leader of the Opposition; but
(b)
does not include a parliamentary under-secretary.
Members
47 Non-Wellington accommodation: members
(1)
This clause applies if a member of Parliament, while engaged in activities undertaken for a parliamentary purpose, incurs expenses in respect of accommodation outside the Wellington commuting area and those expenses are incurred in circumstances where—
(a)
the member is at least 80 km from the member’s primary place of residence; or
(b)
the member could not reasonably be expected to travel to the member’s primary place of residence by conventional methods or safely.
(2)
If this clause applies, the member may be paid the actual and reasonable expenses of the accommodation up to the following maximum amounts:
(a)
$290 per night, if the accommodation is in commercial premises in Queenstown:
(b)
$260 per night, if the accommodation is in commercial premises not in Queenstown:
(c)
$70 per night, if the accommodation is in other premises.
(3)
A member may also be paid the actual and reasonable expenses under this clause for the accommodation of 1 or more family members accompanying the member, but (to avoid doubt) the maximum amounts specified in subclause (2) apply to the aggregate of the accommodation expenses of the member and the family member or members.
(4)
In this clause, actual and reasonable expenses—
(a)
includes charges for breakfast and Internet services; but
(b)
excludes charges for other meals, laundry, use of a minibar, and parking at the accommodation.
Security
48 Security system payments
(1)
Any member of Parliament who has a security system installed at the member’s primary place of residence may have the actual and reasonable expenses associated with the security system paid up to a maximum of—
(a)
$4,500 for installing the system; and
(b)
$1,000 in any year for monitoring, call-outs, and repairs.
(2)
A member who is not a Minister may be provided with additional security measures, at the member’s request, at—
(a)
the member’s primary place of residence; and
(b)
the continuous accommodation in Wellington used by the member.
(3)
Members who are Ministers must be provided with additional security measures at all official residences, Wellington residences, and primary places of residence.
(4)
Security measures provided under subclauses (2) and (3)—
(a)
are in addition to the provision of security services under subclause (1); and
(b)
must be provided at the level recommended by an official risk and security assessment.
Qualifying electoral candidates
49 Non-Wellington accommodation expense payment
(1)
Subclauses (2), (3), and (4) apply to a qualifying electoral candidate described in item 1 or 2 of Schedule 1 of the Act.
(2)
Clauses 47, 48, and 50 apply to a qualifying electoral candidate as if the qualifying electoral candidate had continued to hold—
(a)
office as a member of Parliament:
(b)
an office referred to in subclause 53(3)(a), (b), or (c), if the qualifying electoral candidate held any of those offices on polling day.
(3)
The qualifying electoral candidate described in item 1 or 2 of Schedule 1 of the Act has, for 4 weeks after the date on which the person ceased to be a member of Parliament, the same entitlements under clause 48 to security services that they were entitled to immediately before they ceased to be a member of Parliament.
(4)
If preliminary results made available by the Electoral Commission on or after polling day indicate that the qualifying electoral candidate appears to be elected, but the candidate is not duly elected, the period of 4 weeks specified in subclause (3) must be calculated from the date on which the Electoral Commission declares another candidate to be elected under section 179(2) or 193(5) of the Electoral Act 1993.
(5)
Subclause (6) applies to a qualifying electoral candidate described in item 3, 4, or 5 of Schedule 1 of the Act.
(6)
Clauses 47 and 50 apply to a qualifying electoral candidate as if the qualifying electoral candidate had—
(a)
held office as a member of Parliament on polling day; and
(b)
continued to hold office as a member of Parliament after polling day.
Subpart 3—Increase in accommodation expense payment in certain circumstances
50 Increase in accommodation expense payment in Wellington in certain circumstances
(1)
This clause applies if—
(a)
a member of Parliament is unable to travel outside the Wellington commuting area for 1 or both of the following reasons:
(i)
the House agrees a motion to accord urgency to certain business:
(ii)
an unforeseen or unavoidable disruption occurs in the Wellington commuting area or at the member of Parliament’s destination; and
(2)
(3)
An increase in the accommodation payment authorised under subclause (2)—
(a)
may—
(i)
not exceed $120, in relation to clauses 18, 22, and 28; and
(ii)
not exceed $100, in relation to clause 34; and
(iii)
apply to 1 or more members of Parliament or 1 or more groups of members of Parliament; and
(b)
must be specified to apply—
(i)
on 1 or more occasions; or
(ii)
during a period not exceeding 3 months.
(4)
The agency responsible for granting an authorisation under this clause and clause 50A must be determined in accordance with section 7 of the Parliamentary Service Act 2000.
(5)
In this clause, an unforeseen or unavoidable disruption includes, but is not limited to, a disruption arising as a result of—
(a)
a natural disaster:
(b)
adverse weather conditions:
(c)
riot or disorder, or a threat of riot or disorder:
(d)
a terrorist act (as defined in section 5 of the Terrorism Suppression Act 2002):
(e)
an epidemic notice given under section 5(1) of the Epidemic Preparedness Act 2006 being in force.
Clause 50: replaced (with effect on 1 November 2023), on 18 April 2024, by clause 5 of the Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Amendment Determination 2024 (SL 2024/49).
50A Increase in accommodation expense payment outside Wellington in certain circumstances
(1)
This clause applies if—
(a)
(b)
the increased cost is attributable to 1 or more of the following:
(i)
a shortage of suitable accommodation because of a cultural, sporting, or diplomatic event:
(ii)
a lack of suitable available accommodation in the centre in which the member of Parliament wishes to book accommodation:
(iii)
a premium payable for late booking, if the late booking is due to unexpected engagements or to unexpected travel disruptions, such as flight cancellations or adverse weather conditions:
(iv)
the unavailability of accommodation for a member of Parliament or a member of Parliament’s family member because the member of Parliament or the family member has a disability.
(2)
The relevant agency (see clause 50(4)) may authorise an accommodation payment in excess of the amounts specified in clause 42, 44, or 47 (whichever applies to the member of Parliament).
(3)
An increase in the accommodation payment authorised under subclause (2)—
(a)
may—
(i)
not exceed $120, in relation to clauses 42 and 44; and
(ii)
not exceed $100, in relation to clause 47; and
(iii)
apply to 1 or more members of Parliament or 1 or more groups of members of Parliament; and
(b)
must be specified to apply—
(i)
on 1 or more occasions; or
(ii)
during a period not exceeding 3 months.
Clause 50A: inserted (with effect on 1 November 2023), on 18 April 2024, by clause 5 of the Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Amendment Determination 2024 (SL 2024/49).
Part 3 Travel services for family members of members of Parliament and qualifying electoral candidates
Travel services for family members of members of Parliament
51 Travel by family members
(1)
A family member of a member of Parliament may travel—
(a)
on scheduled air, rail, ferry, and non-urban bus services throughout New Zealand in accordance with this Part; and
(b)
on non-scheduled air, rail, ferry, and non-urban bus services throughout New Zealand if the travel has been approved for the member of Parliament in accordance with directions made by the Speaker under section 23 of the Act; and
(c)
by taxi to connect with a travel service specified in paragraph (a) or (b).
(2)
The purpose of the travel must be—
(a)
to accompany the member of Parliament on a trip that the member is taking—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling in that capacity; or
(b)
to join the member of Parliament at a destination of the trip that the member is taking—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling in that capacity.
(3)
The travel must not be for private business purposes or for personal purposes.
(4)
To avoid doubt, in this clause and clause 52(5), destination includes—
(a)
Wellington:
(b)
a place in New Zealand that is the departure point for a member’s international travel, if the international travel is otherwise provided for under the Act.
(5)
A member who claims for travel services under this clause must certify in writing that the travel in respect of which the claim is made complies with the requirements of this clause.
(6)
Subclause (5) is in addition to, and not in place of, the requirements of clause 59.
52 Limits on number of trips by family members
(1)
Travel under clause 51 is subject to the limits set out in this clause.
(2)
In the case of a member of Parliament who is not a specified member, the member’s spouse or partner may take up to 20 one-way trips in a year.
(3)
In the case of a member of Parliament who is a specified member, the member’s spouse or partner may take up to 30 one-way trips in a year.
(4)
(5)
In this clause,—
child means a child, stepchild, or dependent child within the meaning of paragraphs (b) and (c) of the definition of family member in section 5 of the Act
one-way trip means a trip—
(a)
taken by the most appropriate route by a family member between—
(i)
the primary place of residence of the member of Parliament (or, in the case of a member’s child, any other place where the child is residing); and
(ii)
the destination of a trip by the member of Parliament; and
(b)
taken as a single trip without any unnecessary stopover; and
(c)
completed within 1 day
specified member—
(a)
means the Speaker, the Deputy Speaker, a Minister, or the Leader of the Opposition; but
(b)
does not include a parliamentary under-secretary.
53 Chauffeur-driven cars
(1)
The spouse or partner of the Prime Minister may, at the Prime Minister’s discretion, travel at any time for any purpose related to fulfilling the role of spouse or partner of a Prime Minister—
(a)
by VIP Transport Service chauffeur-driven car; or
(b)
by any other chauffeur-driven car or taxi arranged by VIP Transport Service.
(2)
The spouse or partner of a member of Parliament referred to in subclause (3) may, at the member’s discretion, travel at any time, including separately from the member, for any purpose related to a parliamentary purpose on which the member is engaged or to the member’s ministerial business—
(a)
by VIP Transport Service chauffeur-driven car; or
(b)
by any other chauffeur-driven car or taxi arranged by VIP Transport Service.
(3)
The members are—
(a)
the Speaker:
(b)
the Deputy Speaker:
(c)
a Minister:
(d)
the Leader of the Opposition:
(e)
the leader (including a co-leader) of a party that is not in government or in coalition with a government party, if the party has 25 or more parliamentary members.
54 Taxis
(1)
The spouse or partner of a member of Parliament other than one referred to in clause 53(3) may, at the member’s discretion, travel by taxi at any time to join the member at a function or an engagement that the member is attending for a parliamentary purpose.
(2)
The travel must be by the most direct route that is reasonable in the circumstances and must not exceed 50 kilometres for a one-way trip or 100 kilometres for a return trip.
55 Private vehicles
(1)
The spouse or partner of a member of Parliament may, at the member’s discretion, be reimbursed vehicle-related operating costs for the use of a private motor vehicle for either of the following reasons:
(a)
collecting or dropping off the member of Parliament in relation to a trip the member is taking, or a function or an engagement the member is attending,—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling in that capacity:
(b)
joining the member of Parliament at a destination of a trip the member is taking, or at a function or an engagement the member is attending,—
(i)
for parliamentary purposes; or
(ii)
on ministerial business, if the member is a Minister and travelling in that capacity.
(2)
The travel must be by the most direct route that is reasonable in the circumstances and must not exceed 50 kilometres for a one-way trip or 100 kilometres for a return trip.
(3)
The reimbursement rate is the same rate as the reimbursement rate for vehicle-related operating costs in directions made by the Speaker under section 23 of the Act.
(4)
A person is not entitled to a reimbursement of costs under this clause to the extent that the relevant member of Parliament is entitled to be reimbursed for those costs under directions made by the Speaker under section 23 of the Act.
(5)
In this clause, vehicle-related operating costs includes mileage (fuel or electricity), road tolls, and parking expenses.
Travel services for family members of qualifying electoral candidates
56 Travel by family members of qualifying electoral candidates
Qualifying electoral candidates leaving Parliament
(1)
Subclauses (2) and (3) apply in relation to a spouse or partner of a qualifying electoral candidate described in item 1 or 2 of Schedule 1 of the Act.
(2)
Clauses 51 to 55 continue to apply in relation to a spouse or partner as if the qualifying electoral candidate had continued to hold—
(a)
office as member of Parliament; and
(b)
any of the offices referred to in clause 53(3), if the qualifying electoral candidate held any of those offices on polling day.
(3)
Clauses 51 to 55 continue to apply as provided in subclause (2) with the following limitations:
(a)
they apply only for a period of 4 weeks after the qualifying electoral candidate ceases to hold office as a member of Parliament; and
(b)
travel by a spouse or partner of a qualifying electoral candidate under those clauses is limited to 1 return trip between the qualifying electoral candidate’s primary place of residence and Wellington for the purpose of assisting the qualifying electoral candidate to attend to matters associated with leaving Parliament.
Other qualifying electoral candidates
(4)
Subclause (5) applies in relation to family members of a qualifying electoral candidate described in item 3, 4, or 5 of Schedule 1 of the Act.
(5)
Clauses 51 and 52 apply in relation to a family member as if the qualifying electoral candidate had—
(a)
held office as a member of Parliament on polling day; and
(b)
continued to hold office as a member of Parliament after polling day.
Part 4 Miscellaneous and administrative matters
57 Information to be provided to members about use of services under determination, including travel services by family members
In each month, the Parliamentary Service and Ministerial Services must provide to each member of Parliament information showing the use of services under this determination by the member and his or her family members.
58 Policies, procedures, and guidelines to follow if claiming entitlements
Requirements that must be met before payments may be made against claims for services under this determination are set out in the policies, procedures, and guidelines prescribed by the Speaker and the Minister Responsible for Ministerial Services (including procedures for the certification of expenditure).
59 Certificate of expenditure
(1)
The purpose of the procedures for the certification of expenditure referred to in clause 58 is to ensure that all expenditure met from Vote: Parliamentary Service and Vote: Internal Affairs in funding the services provided under this determination complies with the directions and any policies, procedures, and guidelines prescribed by the Speaker or the Minister Responsible for Ministerial Services in order to provide confidence that public expenditure is being correctly applied.
(2)
Persons who claim for services under this determination must provide certification, in accordance with the prescribed procedures, to formally verify that the expenditure to which the certification relates has been incurred for a purpose authorised by this determination.
60 Revocation
The Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Determination 2020 (LI 2020/206) is revoked.
Dated at Wellington this 3rd day of August 2023.
Geoff Summers,
Chairperson.
Dallas Welch,
Member.
Vern Walsh,
Member.
Explanatory memorandum
Note: The following explanatory memorandum should be read in conjunction with the explanatory memorandum(s) appended to the:
This memorandum is not part of the determination, but is intended to indicate its general effect.
This determination comes into force on 15 October 2023.
The Remuneration Authority (the Authority) is required, under section 17 of the Members of Parliament (Remuneration and Services) Act 2013 (the Act), to determine the accommodation services within New Zealand for members of Parliament (members), qualifying electoral candidates (QECs) and Ministers, and the travel services within New Zealand for their families.
The Act requires the Authority to make its determination once in each term of Parliament. Although this determination is made during the 53rd Parliament, it will apply to the full term of the 54th Parliament.
Starting points
In making this determination, the Authority was guided by the principles to which it must have regard under section 16 of the Act. In addition to those principles, it is the Authority’s view that—
members, QECs, and Ministers should not personally have to meet the expenses, such as accommodation, that they require to enable them to do their job:
any personal benefit to members, QECs, and Ministers should be kept to a minimum:
public resources are to be used fairly, efficiently, and effectively:
as much as possible, within the Authority’s mandate, members should be supported to enable Parliament to be a family-friendly environment.
Members and Ministers are recognised as having 2 places of work, namely—
Wellington, where they attend Parliament and, in the case of Ministers, where they also attend Cabinet; and
their primary place of residence, where they attend to a wide range of matters affecting constituents.
If the primary place of residence of a member or Minister is not in Wellington, then it is appropriate that the costs of their Wellington accommodation should be a public expense.
The Prime Minister’s accommodation in Wellington is treated separately. It is the Authority’s view that the Prime Minister should be able to reside in Premier House/Te Whare Pirimia even if the Prime Minister’s primary place of residence is in Wellington. There is a high degree of symbolism in, and practical reasons for, having an official residence for the head of the Government. It is also a more cost-effective option than other alternatives.
As part of their work, members undertake a significant amount of travel, both within their electorates and around the country. This is also the case with list members. List members customarily have bases in electorates as well as responsibilities for nation-wide communities of interest. All members routinely attend evening and weekend meetings and other events. They must be available to constituents, the general public, and the media in a way not required of most other groups, and the pressures on the Prime Minister and Ministers are especially demanding. Consequently, members and Ministers have much less of a family life than that which other New Zealanders take for granted, often over a period of many years. Therefore, we have continued to provide for some limited family-friendly measures designed to recognise this reality.
The Act gives the Authority responsibility for only some of the services required by members and Ministers. Travel services, office space, communications, and other support for members are the responsibility of the Speaker. Travel services for Ministers is the responsibility of the Minister Responsible for Ministerial Services. Within the constraints of that framework, we have continued the approach that treats members and Ministers similarly. For example, both members and Ministers are entitled to an annual accommodation payment. In addition, certain services for the Prime Minister, the Speaker, the Deputy Speaker, and the Leader of the Opposition are generally aligned with those for Ministers, and certain provisions for QECs with those for members, while allowing some differences to recognise unique roles.
Process followed
The Act prescribes the process to be followed in making this determination. As required, the Authority sought and received advice from the Speaker and the Minister Responsible for Ministerial Services. We also had the benefit of receiving the views on the content of the determination from the members of the cross-party Parliamentary Service Commission.
In addition, we sought the views of the Parliamentary Service and the Ministerial Services business unit of the Department of Internal Affairs, given their responsibilities for administering the services provided for in this determination. Nationwide and regional market data provided by industry and government sources informed the setting of the accommodation rates and security system payments.
We consulted the Commissioner of Inland Revenue about the taxation consequences of the determination.
Before finalising this determination, the Authority provided a copy of the draft determination to each member and Minister for their consideration and to give them the opportunity to provide written comments or be heard on it.
Accommodation services
This determination sees no changes to the nature of accommodation services offered to members, Ministers, and QECs.
The maximum amounts that are payable to members, QECs, and Ministers for continuous and non-continuous accommodation have been reviewed, as up until now they had remained at their 2017 levels.
Information obtained from the Tenancy Services market rent database, Statistics New Zealand’s rental price index, data provided by the property rental industry, and feedback received from members confirms that the cost of rental accommodation in Wellington has increased markedly since 2017. We were also made aware that some members had experienced difficulty, due to increasing costs, in finding a property suited to their family circumstances to rent within the central Wellington area.
Non-continuous accommodation (hotels or serviced apartments) market rates, both within the central Wellington area and nationwide, have also increased significantly, especially after the progressive lifting of COVID-19 restrictions. This has put pressure on the maximum amounts payable for non-continuous accommodation.
Based on all the information gathered, the Authority has updated the accommodation rates in the determination to reflect the realities of both the current rental housing market in Wellington and hotel rates nationwide. A specific rate for Queenstown non-continuous accommodation has been determined that reflects the different market and higher rates in that area.
A few members are in shared rented accommodation. Some tell us this is because it has become too expensive to rent alone or they enjoy the social aspect of living with other people, or both. The Authority does not wish to create barriers to members sharing accommodation if they wish. However, under this determination, to reflect the cost savings in such arrangements, members will continue to receive a proportion of the full rate if they share accommodation.
For reasons of administrative efficiency, which is a requirement under the listed principles, the Authority continues to support the policy put in place in 2014 that enables the Wellington continuous accommodation payments for both members and Ministers to be paid annually rather than through a claim and reimbursement system.
Travel services for family members
During the past 3 years, the following 2 issues have been raised with us. Regular requests have been made to the Authority to broaden the definition of—
family member to include caregivers for members’ dependent children and persons who need to travel with a member or a member’s spouse or partner to provide disability support services to the member or their spouse or partner:
dependent child to include children over the age of 18 years who are still in education and children with disabilities who are dependent on their parents.
However, members understand that the Authority is supportive of those proposals but is currently constrained by the Act from extending the family travel provisions to those 2 groups.
Accordingly, this determination makes no change to the range of entitlements available to family members of members, Ministers, and QECs to travel services within New Zealand.
Security system payments
The maximum limit applied to the actual and reasonable costs for installing a security system at a member’s primary place of residence had not changed since 2014.
It has been brought to the Authority’s attention that both abuse and threats made to members have increased noticeably over the last 3 years, and there being a greater awareness of risk to security. Consequently, there has been a rise in the requests made by members for security protection, including at their primary place of residence. The costs of installing appropriate security systems have steadily increased since 2014 and the costs are likely to increase into the future as the technology is enhanced over time.
Therefore, the Authority has assessed that the current rate is insufficient to install adequate security systems and has determined a maximum payment of $4,500 for installing a security system at a member’s primary place of residence.
Other matters
A key principle (section 16(1)(c)) of the Act states that, if changes to services provided increase or decrease any element of remuneration or other private benefit, the value of that increase or decrease should be taken into account by the Authority in determining members’ and Ministers’ salaries. After consulting the Commissioner of Inland Revenue, we have assessed that there has been no change in the value of any personal benefit or potential personal benefit from what had been assessed for the Parliamentary Salaries and Allowances Determination (No 2) 2020 and the amendment to that determination. Therefore, there will be no change to that determination.
This determination commences on the day after the next General Election and is intended to endure for the following 3 years. However, should the need arise, amendments to address specific new matters that may arise in the parliamentary term can be issued during the period of this determination.
Note: The preceding explanatory memorandum should be read in conjunction with the explanatory memorandum(s) appended to the:
Date of notification in Gazette: 10 August 2023.
Notes
1 General
This is a consolidation of the Members of Parliament (Accommodation Services for Members and Travel Services for Family Members) Determination 2023 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.