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Regulations notified: 31 August to 6 September 2012

The following regulations were notified in the New Zealand Gazette published on 6 September 2012:

Reserve Bank of New Zealand (Designated Settlement System—NZClear) Order 2012 (SR 2012/258)
Made pursuant to section 156N of the Reserve Bank of New Zealand Act 1989. In force 4 October 2012. Part 5C of the Reserve Bank of New Zealand Act 1989 provides for the designation of settlement systems and gives statutory backing for finality of settlement and netting through a designated settlement system. Part 5C also makes the Reserve Bank and the Financial Markets Authority joint regulators of designated settlement systems. Designation under Part 5C is an opt-in regime, requiring a person to apply for a settlement system to be designated. In this order, the NZClear settlement system is declared to be a designated settlement system for the purposes of Part 5C. The order also specifies the document that evidences the rules of the NZClear settlement system; the specified operator of the NZClear settlement system; the contact person for the NZClear settlement system; conditions to which the designation of the NZClear settlement system as a designated settlement system is subject; that the Reserve Bank of New Zealand is the operator of, and a participant in, the NZClear settlement system.

Sleepover Wages (Settlement) (Community Connections Supported Living Charitable Trust) Order 2012 (SR 2012/259)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement of litigation between Community Connections Supported Living Charitable Trust and certain of its employees. The litigation relates to the payment of wages to employees who were permitted to sleep overnight at their workplace while on duty (sleepover wages). The Act implements a settlement of similar litigation between Idea Services Limited and Timata Hou Limited and their employees (the Idea settlement). Subpart 1 of Part 2 of the Act extinguishes certain claims for sleepover wages in the health and disability sector, and subpart 2 of Part 2 of the Act implements the terms of the Idea settlement.

Sleepover Wages (Settlement) (Creative Abilities and Associates Limited) Order 2012 (SR 2012/260)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement agreement reached between Creative Abilities and Associates Limited and certain of its employees. The settlement relates to the payment of wages to employees who are permitted to sleep overnight at their workplace while on duty (sleepover wages).

Sleepover Wages (Settlement) (Dunedin Community Care Trust) Order 2012 (SR 2012/261)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement of litigation between Dunedin Community Care Trust and certain of its employees. The litigation relates to the payment of wages to employees who were permitted to sleep overnight at their workplace while on duty (sleepover wages).

Sleepover Wages (Settlement) (Laura Fergusson Trust Incorporated) Order 2012 (SR 2012/262)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement of litigation between Laura Fergusson Trust Incorporated and certain of its employees. The litigation relates to the payment of wages to employees who were permitted to sleep overnight at their workplace while on duty (sleepover wages).

Sleepover Wages (Settlement) (Matea Trust) Order 2012 (SR 2012/263)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement agreement reached between Matea Trust and certain of its employees. The settlement relates to the payment of wages to employees who are permitted to sleep overnight at their workplace while on duty (sleepover wages).

Sleepover Wages (Settlement) (Norwood Community Support Limited) Order 2012 (SR 2012/264)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement agreement reached between Norwood Community Support Limited and certain of its employees. The settlement relates to the payment of wages to employees who are permitted to sleep overnight at their workplace while on duty (sleepover wages).

Sleepover Wages (Settlement) (Papatuanuku Independency Trust) Order 2012 (SR 2012/265)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement agreement reached between Papatuanuku Independency Trust and certain of its employees. The settlement relates to the payment of wages to employees who are permitted to sleep overnight at their workplace while on duty (sleepover wages).

Sleepover Wages (Settlement) (Spectrum Care Trust Board) Order 2012 (SR 2012/266)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement of litigation between Spectrum Care Trust Board and certain of its employees. The litigation relates to the payment of wages to employees who were permitted to sleep overnight at their workplace while on duty (sleepover wages).

Sleepover Wages (Settlement) (Ministry of Social Development) Order 2012 (SR 2012/267)
Made pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011. In force 10 September 2012. Modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 to give effect to a settlement of litigation between the Ministry of Social Development and certain of its employees relating to the payment of wages to employees who were permitted to sleep overnight at their workplace while on duty (sleepover wages). The Act implements a settlement of similar litigation between Idea Services Limited and Timata Hou Limited and their employees (the Idea settlement). Subpart 1 of Part 2 of the Act extinguishes certain claims for sleepover wages in the health and disability sector, and subpart 2 of Part 2 of the Act implements the terms of the Idea settlement.

Social Security (Exemptions under Section 105) Amendment Regulations (No 2) 2012 (SR 2012/268)
Made pursuant to sections 123D and 132 of the Social Security Act 1964. In force 15 October 2012. Amend the Social Security (Exemptions under Section 105) Regulations 1998. Regulation 4 amends regulation 3 of the principal regulations so that a person who has primary responsibility for a child aged less than 5 years (rather than 6) may apply for an exemption under that regulation. Regulation 5 inserts a new regulation 3A of the principal regulations. This creates an exemption for certain persons who are subject to obligations under section 60Q of the Social Security Act 1964, provided that one of the grounds in new regulation 3A(2) applies. Regulation 6 adds a new ground to regulation 4 of the principal regulations, which applies to all work-tested beneficiaries. Regulation 7 makes the same amendment to regulation 5 of the principal regulations as regulation 4. Regulation 8 amends regulation 6 of the principal regulations so that work-tested widow's beneficiaries may apply for an exemption from their work test obligations. Regulation 9 makes the same amendment to regulation 7 of the principal regulations as regulation 4. Regulation 10 replaces regulation 8B of the principal regulations. Under the substituted regulation, youth payment recipients will be entitled to apply for an exemption from their obligations under section 170 of the Act.

Social Security (Pre-benefit Activities) Regulations 2012 (SR 2012/269)
Made pursuant to sections 132 and 132J of the Social Security Act 1964. In force 15 October 2012. Specify certain activities to be pre-benefit activities for the purposes of section 96A of the Social Security Act 1964. Under that section, the chief executive of the Ministry of Social Development may require a person requesting financial assistance to undertake a pre-benefit activity before the person's claim is investigated further.

Local Government Elected Members (2012/13) (Certain Local Authorities) Determination 2012 (SR 2012/270)
Made pursuant to clause 6 of Schedule 7 of the Local Government Act 2002 and to the Remuneration Authority Act 1977. In force 1 July 2012 (retrospective). Expires at the close of 30 June 2013. It is backdated to 1 July 2012 because insufficient responses from individual local authorities had been received by the Remuneration Authority (the Authority) to enable the determination to be issued prior to that date.The Authority separately fixes the remuneration of mayors of territorial and unitary authorities, the remuneration of chairs of regional authorities, the pool of funds allocated to each regional and territorial authority for the remuneration of elected members, and the maximum allowances payable in respect of certain activities undertaken by members. The mayoral and chair remunerations were established using the approach developed in 2010, after an independent job evaluation exercise. Weights of population, expenses, and assets were established, which were used to derive points for each local authority. The weights are those which give a good representation of the relative size of sample mayoral and chair positions as determined by the job sizing. The points are then used to develop remuneration levels that reflected the Authority’s pay line for the 2011 year. As the Authority’s 2012 pay line will not be available until later in the year, the remuneration levels were then increased by 1.5% to reflect general wage growth and adverse economic conditions. For unitary authorities, a 12.5% loading was also applied. Finally, the mayoral and chair remunerations were set to the same as last year’s level for those cases where this year’s calculation gave a lower remuneration than last year. The balance of the pool for council and community board remuneration was then established by applying a 1.5% increase to the amount established using the pool system that has been in place since 2003. Councils were then invited to recommend the distribution of the pool among elected members. The maximum mileage rate has been kept at $0.74 per kilometre and the definition of threshold distance has been modified. The travel time allowance and communication allowance are unchanged from last year. The resource consent meeting fees are also unchanged.

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Last updated on the 19th September 2012