The Short Title of this Act is “The Civil List Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto.

There shall be payable to His Majesty every year, out of the Consolidated Fund, the several sums mentioned in the Second Schedule hereto, for defraying the expenses of the services and purposes mentioned in such Schedule:

Provided that the sums mentioned in the said Schedule as allowances payable to the Governor shall not be payable for any period during which the Governor is absent from New Zealand.

Any person appointed to be Governor of New Zealand shall receive half salary from the date when he embarks to assume the Government, whether the port of embarkation is in England or elsewhere, until the date when he assumes the duties of his office:

Provided that if the office of Governor is not vacated until after the incoming Governor has embarked to assume the government, the incoming Governor shall receive half salary from the date of such vacancy only:

Provided also that if a Governor continues in the tenure of his office until the arrival of his successor, such successor shall not be entitled to any portion of the salary until he has assumed the duties of his office.

If the Governor is temporarily absent from New Zealand or is incapacitated from performing the duties of his office, and another officer or person is sworn to administer the government, the Governor shall receive half salary during the administration of such officer or person.

An officer provisionally administering the government of New Zealand during the absence or incapacity of the Governor, or during a vacancy in the office, shall receive one-half of the salary of the Governor, together with the full establishment and travelling-allowances payable to the Governor under this Act at the rate mentioned in the Second Schedule hereto, and also if he is the holder of any other office, then one-half the salary of such office:

Provided that he shall receive only so much of the said allowances as is proportional to the time he is administering the government as aforesaid.

For the purposes of this Act the office of Governor shall be deemed to be vacant not only when actually vacant, but whenever the person holding His Majesty’s Commission as Governor leaves New Zealand for the purpose of assuming the government of another Possession or otherwise absents himself from New Zealand, unless for a temporary absence, and intending to resume the government thereof.

The following rules shall be observed in regard to the Government House at Wellington —

With regard to Government House at Auckland, no expense shall be incurred or paid at the public cost other than the necessary expense of keeping the house and grounds in order, and the expense of taking care of the said house during the absence of the Governor therefrom.

All moneys payable under this section at the public cost shall be payable out of moneys to be appropriated from time to time by Parliament.

Members of the Executive Council travelling within New Zealand on the public service shall be entitled to an allowance not exceeding one pound ten shillings for each day they are so travelling:

Provided that no such allowance shall be made to any Minister during the period such Minister is attending a session of Parliament; and no greater sum than one thousand five hundred pounds in the whole shall be paid or expended in respect of such allowances in any one financial year.

In addition to the annual salaries payable under this Act to members of the Executive Council holding any one or more of the offices mentioned in the Second Schedule hereto, there shall be payable to each member of the Executive Council to whom a salary is payable under this Act, and who is not provided at the public cost with a residence at the seat of Government, an allowance in lieu of such residence at the rate of two hundred pounds a year.

Each of the Ministers to whom salary is appropriated under this Act shall be a member of the Executive Council holding any one or more of the Ministerial offices mentioned in the Second Schedule hereto; but if two or more such offices are held at any one time by the same Minister he shall nevertheless be paid the salary attached to one of the said offices only.

The Governor may from time to time fix the order of precedence of Ministers as between one another.

It shall be lawful for the Governor, in the name and on behalf of His Majesty, from time to time to appoint, by Commission under the Seal of New Zealand, a fit and proper person, being a barrister of the Supreme Court, to be His Majesty’s Attorney-General for New Zealand, and such person shall hold office during pleasure.

Any such person may be appointed to the office of Attorney-General, whether he is or is not a member of the Executive Council, or is or is not the holder of a seat in either House of Parliament.

If the Attorney-General is a member of the Executive Council, he shall be entitled to the salary and allowances of a member of the Executive Council holding Ministerial office.

If the Attorney-General is not a member of the Executive Council, he shall be paid an annual salary at such rate as is from time to time appropriated by Parliament.

Notwithstanding any Act, rule, or law to the contrary, any power, duty, authority, or function imposed upon or vested in the Attorney-General by virtue of his office shall and may be exercised and performed either by the person holding the office of Attorney-General or by the person holding the office of Solicitor-General.

Except where otherwise hereinbefore specified, all moneys payable under this Act shall be payable out of the Consolidated Fund without further appropriation than this Act.