Supplementary Order Paper No 248

No 248

House of Representatives

Supplementary Order Paper

Tuesday, 9 September 2008

Public Transport Management Bill


Proposed amendments

Hon Annette King, in Committee, to move the following amendments:

Clause 2

To omit 1 October 2008 (lines 5 and 6 on page 4) and substitute 1 January 2009.

Clause 4

Definition of large passenger-service vehicle: to omit passenger-service (line 1 on page 9) and substitute passenger service.

To insert the following definition after the definition of local authority (after line 4 on page 9):

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

Definition of performance standards: to omit commercial in each place where it appears (lines 31, 33, and 38 on page 9 and lines 2, 4, and 6 on page 10).

Paragraph (a) of the definition of public transport service: to omit paragraphs (b) and (c) (line 22 on page 10) and substitute paragraph (c).

Paragraph (b) of the definition of public transport service: to omit this paragraph (lines 37 to 39 on page 10).

Paragraph (c) of the definition of public transport service: to omit except as specified under paragraph (b), (line 1 on page 11).

Definition of quality standards: to omit commercial (line 32 on page 11).

Paragraph (a) of the definition of quality standards: to omit standards regarding accessibility (line 34 on page 11) and substitute accessibility standards.

Paragraph (a)(ii) of the definition of regional council: to omit that has (line 23 on page 12) and substitute to which the regional council has transferred.

Paragraph (a)(ii) of the definition of regional council: to omit but (line 25 on page 12) and substitute and.

Definition of regional council: to insert the following subparagraph after paragraph (a)(ii) (after line 25 on page 12):

  • (iii) a unitary authority; but

To insert the following definition after the definition of trip (after line 21 on page 14):

unitary authority has the same meaning as in section 5(1) of the Local Government Act 2002

Clause 6

To omit 83, (line 30 on page 14).

Clause 8(b)

To omit 2005 (line 26 on page 15) and substitute 2003.

Clause 9

Subclause (1): to omit A (line 3 on page 16) and substitute Subject to section 56(1) and (1A), a.

Subclause (1): to omit if it intends (line 4 on page 16) and substitute unless it does not intend.

Subclause (1)(a): to omit a (line 5 on page 16) and substitute any.

Subclause (1)(a): to omit public transport services (lines 5 and 6 on page 16) and substitute any public transport service.

Subclause (1)(b): to insert after impose (line 7 on page 16) any.

Subclause (1)(c): to insert after provide (line 9 on page 16) any.

Subclause (1)(c): to omit the operators or users (line 9 on page 16) and substitute any operator or user.

Subclause (2): to omit provisions included in a plan under section 12(2) (lines 18 and 19 on page 16) and substitute transitional arrangements included in a plan under this Act or determined pursuant to any section of this Act.

Subclause (4): to omit whom (line 30 on page 16) and substitute which.

Subclause (4): to omit has been (line 31 on page 16) and substitute is.

Subclause (5) and (6): to omit these subclauses (line 37 on page 16 to line 7 on page 17).

Subclause (7): to omit Region (line 9 on page 17) and substitute region.

Subclause (7): to omit adopted by the regional council that established (line 11 on page 17) and substitute applying in the region of.

Clause 10

Subclause (1)(a): to omit wants (line 19 on page 17) and substitute proposes to be provided.

Subclause (1)(a)(i): to omit and times (lines 21 and 22 on page 17) and substitute times,.

Subclause (1)(a): to add the following subparagraph (after line 28 on page 17):

  • (iv) how the plan gives effect to the public transport service components of the regional land transport strategy that applies to the regional council's region; and

Subclause (1)(j): to omit this paragraph (lines 3 and 4 on page 19) and substitute the following paragraph:

  • (j) may state or describe any other matters that the regional council thinks fit.

Subclause (2)(a)(iv): to omit specifying (line 22 on page 19).

Clause 11

Subclause (1)(b): to omit existing (line 4 on page 30).

Subclause (1)(c): to omit a regional public transport plan or a variation to a regional public transport plan (lines 15 to 17 on page 30) and substitute or varying a regional public transport plan or adopting transitional arrangements pursuant to a process stated in the plan under this Act.

Subclause (1)(c)(i): to omit or the variation (line 19 on page 30) and substitute , variation, or transitional arrangements.

Subclause (1)(c)(i)(F): to omit or a variation of a plan (line 25 on page 30) and substitute , a variation, or transitional arrangements.

Subclause (1)(c)(ii)(A): to omit or varied plan (line 29 on page 30) and substitute , variation, or transitional arrangements.

Subclause (1)(c)(ii)(B): to omit or varied plan (line 35 on page 30) and substitute , variation, or transitional arrangements.

Subclause (2): to insert after publish (line 1 on page 31) any of.

Clause 11A(2)(c)

To omit subsection (line 23 on page 31) and substitute section.

Clause 12

Subclause (3)(a): to omit of a (line 29 on page 32) and substitute of any.

Subclause (3)(d): to omit compliance (line 15 on page 33) and substitute any commercial public transport service to comply.

Subclause (3)(f): to omit public transport (line 21 on page 33).

Subclause (10)(a)(ii): to omit is of a class or description that is specified by the Governor-General by Order in Council (lines 15 and 16 on page 35) and substitute is specified by regulations made under this Act.

Subclause (11): to insert after that the (line 25 on page 35) regional.

Clause 13

Subclause (1): to omit this subclause (line 34 on page 35 to line 20 on page 36) and substitute the following subclause:

  • (1) A regional council may, to assist the council with public transport planning, contracting, and monitoring, require an operator of any commercial public transport service in the regional council's region to provide the regional council with—

    • (a) information held by the operator concerning—

      • (i) the number of passengers carried on the service:

      • (ii) the types of tickets used on the service:

      • (iii) the fare revenue earned by the operator:

      • (iv) the distance travelled by the vehicles or other modes of transport used by the operator on the service:

      • (v) the quality of the service, including vehicle age, cleanliness, emissions, and accessibility:

      • (vi) the vehicles or other modes of transport used on the service:

      • (vii) the performance of the service, including information on any individual trip of the service that did not operate or that departed from the starting point on its route earlier or later than the time specified in the timetable for the service; and

    • (b) any other information held by the operator that is specified in regulations made under section 52 as information that the regional council may require the operator to provide.

Clause 14

Subclause (1)(a): to omit 11(3) (line 38 on page 37) and substitute 11A(2).

Subclause (2): to omit 11(3) (line 8 on page 38) and substitute 11A(2).

Subclause (3): to omit 11(3)(c) (line 12 on page 38) and substitute 11A(2)(c).

Clause 15

To omit this clause and substitute the following clause:

15 General exclusion of regional councils from liability to pay compensation
  • (1) Nothing included in a regional public transport plan (whether a control or otherwise) makes a regional council liable to pay compensation to any person.

    (2) Nothing makes a regional council liable to pay compensation to any person for anything that is done by the regional council in—

    • (a) implementing any control; or

    • (b) deregistering a registered commercial public transport service; or

    • (c) removing details of a variation to a registered commercial public transport service from the register; or

    • (d) declining to register a commercial public transport service; or

    • (e) declining to vary a registered commercial public transport service.

    (3) To avoid doubt, nothing in this section limits section 9(2).

Clause 16

To insert the following paragraph before paragraph (a) (before line 1 on page 39):

  • (aa) be satisfied that the plan contributes to each of the following:

    • (i) assisting economic development:

    • (ii) assisting safety and personal security:

    • (iii) improving access and mobility:

    • (iv) protecting and promoting public health:

    • (v) ensuring environmental sustainability; and

Paragraph (a)(i): to omit this subparagraph (lines 2 to 7 on page 39).

Clause 17

Subclause (1)(a): to omit or (line 36 on page 39) and substitute and.

Subclause (2): to insert after modifications, and (line 13 on page 40) , in addition,.

Subclause (2): to insert the following paragraph before paragraph (a) (before line 16 on page 40):

  • (aa) the Secretary; and

Subclause (3): to insert after contains information (line 36 on page 40) about the operator's service.

Subclause (3): to insert after disclose (lines 1 and 2 on page 41) the.

Subclause (3)(g)(ii): to omit persons (line 22 on page 41) and substitute person.

Subclause (7): to omit for the first time under this Act (line 14 on page 42).

Subclause (8): to omit for the first time under this Act (lines 19 and 20 on page 42).

Clause 18

Subclause (1)(b): to insert after must be reviewed (line 33 on page 42) and, if necessary, renewed or varied.

Subclause (1)(b): to insert after plan is (line 36 on page 42) prepared and.

Subclause (1)(b): to insert after approved, (lines 36 and 37 on page 42) adopted,.

Subclause (2): to omit continues (line 2 on page 43) and substitute will continue.

Clause 18A(5)(d)(i)

To omit operator), (line 6 on page 45) and substitute operator).

Clause 24(2)

To omit subclause (line 20 on page 49) and substitute subsection.

Clause 27

Subclause (3): to omit wants (line 24 on page 51) and substitute proposes to be provided.

Clause 29(e)(i)

To omit wants (line 22 on page 53) and substitute proposes to be provided.

Clause 33(1)(d)(i)

To omit wants (line 34 on page 57) and substitute proposes to be provided.

Clause 34

Subclause (1)(a): to omit 32 that— (line 3 on page 59) and substitute 32.

Subclause (1)(a)(i): to insert before it intends (line 4 on page 59) that.

Subclause (1)(a)(ii): to insert before the reasons (line 5 on page 59) of.

Subclause (1)(a)(iii): to insert before the information (line 6 on page 59) of.

Subclause (1)(a)(iv): to insert before the procedure (line 8 on page 59) of.

Subclause (1)(a)(v): to insert before the operator's right (line 10 on page 59) of.

Clause 35

Subclause (2): to omit 11(3)(c) in each place where it appears (lines 13 and 16 on page 60) and substitute in each case 11A(2)(c).

Subclause (3): to omit However, if (line 17 on page 60) and substitute If.

Subclause (3): to omit register (line 18 on page 60) and substitute record the details of.

Subclause (3): to omit 11(3)(c) (line 21 on page 60) and substitute 11A(2)(c).

Clause 35A(b)

To insert after referred to (line 3 on page 61) in.

Clause 35B(5)(a)

To omit travel for free (line 5 on page 62) and substitute board and travel free of charge.

Clause 36

Subclause (1)(a): to omit control— (line 2 on page 65) and substitute control; or.

Subclause (1)(b)(i): to insert after operating (line 6 on page 65) the service.

Subclause (1)(b)(ii): to insert after operating (line 11 on page 65) the service.

Clause 37

Subclause (4): to insert after notice (line 7 on page 67) to the operator.

Subclause (4)(a): to omit to the operator (line 9 on page 67).

Clause 38A

Subclause (2)(c): to insert after notice (line 17 on page 70) to comply.

Subclause (4)(c): to insert after notice (line 30 on page 70) to comply.

Subclause (9): to omit clause (line 20 on page 71) and substitute section .

Clause 40A(f)

To omit or 13 (line 37 on page 74).

Clause 40B

Subclause (4): to insert after plan or (line 20 on page 75) insert or modify.

Subclause (4): to omit the modification (line 21 on page 75) and substitute doing so.

Subclause (4): to insert after that modification (line 23 on page 75) of the plan or insertion or modification of the transitional arrangements.

To add the following subclause (after line 27 on page 75):

  • (6) A notice of appeal must state any matters that regulations made under the Resource Management Act 1991 require to be stated in the case of an appeal under section 120 of that Act.

Clause 42(2)(a)

To insert after appeal that the (line 32 on page 76) court.

Clause 52

Paragraph (a): to omit this paragraph (lines 23 to 26 on page 80) and substitute the following paragraphs:

  • (a) specifying public transport services carried on by means of rail vehicles as exempt commercial public transport services:

  • (aa) excluding any service from the definition of public transport service if the Minister is satisfied that—

    • (i) the application of this Act is not appropriate with respect to that service; and

    • (ii) the exclusion would not be inconsistent with the purpose of this Act:

Paragraph (c): to insert after plan (line 9 on page 81) , contract,.

To add the following subclause as subclause (2) (after line 14 on page 81):

  • (2) The Minister must, before deciding whether to recommend the making of an Order in Council under subsection (1)(aa), (b), or (c), consult—

    • (a) the Agency; and

    • (b) every regional council; and

    • (c) any person or organisation that the Minister considers to be representative of the interests of public transport operators; and

    • (d) any government department or Crown entity that the Minister considers appropriate.

Clause 56

Subclauses (1) and (1A): to omit these subclauses (lines 21 to 30 on page 82) and substitute the following subclauses:

  • (1) Except in the Auckland region, a regional council must adopt a regional public transport plan under section 9 at the same time or as soon as is reasonably practicable after the regional council has approved a regional land transport strategy for the first time after the commencement of this Act but in any case not later than 3 years after the commencement of this Act, if section 9(1) applies.

  • (1A) In the Auckland region, ARTA must adopt a regional public transport plan under section 9 as soon as is reasonably practicable after the Auckland Regional Council has approved a regional land transport strategy for the first time after the commencement of this Act but in any case not later than 3 years after the commencement of this Act, if section 9(1) applies.

Subclause (3): to omit regional council adopts a regional public transport plan in accordance with subsections (1) or (1A), the (lines 2 and 3 on page 83).

Subclause (3): to insert after Act 1989 (line 5 on page 83) expires under subsection (2), that regional passenger transport plan.

New clause 59

To insert the following clause after clause 58 (after line 19 on page 84):

59 Transitional provisions for regional councils and ARTA
  • (1) Except in the Auckland region, a regional council may adopt a regional public transport plan for the first time under this Act at the same time as it approves a regional land transport programme under the Land Transport Management Act 2003.

    (2) ARTA may prepare and adopt a regional public transport plan for the first time under this Act at the same time as it prepares and approves a regional land transport programme under the Land Transport Management Act 2003.

Schedule 1: Land Transport Management Act 2003

Item relating to section 18G(2)(c)(iv): to omit 18G(2)(c)(iv) (line 14 on page 88) and substitute 18J(2)(c)(iv).

Item relating to section 18G(2)(c): to omit 18G(2)(c) (line 15 on page 88) and substitute 18J(2)(c).

Item relating to section 18G(2)(c): to omit relevant (line 16 on page 88).

Item relating to section 18G(2)(c): to omit plan (line 16 on page 88) and substitute plans.

Item relating to section 19B(b)(iv): to omit 19B(b)(iv) (line 17 on page 88) and substitute 19B(b)(v).

Item relating to section 19B(b): to omit relevant (line 19 on page 88).

Item relating to section 19B(b): to omit plan (line 19 on page 88) and substitute plans.

Item relating to section 26E: to omit 26E (line 23 on page 88) and substitute 26(e).

Item relating to section 48(1)(c): to omit 48(1)(c) (line 24 on page 88) and substitute 48(1)(c)(i).

Schedule 1: Local Government (Auckland) Amendment Act 2004

Item relating to section 9(1)(a)(iii): to omit Land Transport Management Act 2003 and substitute Public Transport Management Act 2007.


Explanatory note

This Supplementary Order Paper amends the Public Transport Management Bill. The amendments align the Bill with the recently amended Land Transport Management Act 2003, refine the phrasing or alter the placement of several provisions, and change several cross-references.