Supplementary Order Paper No 249 (released 09 September 2008)

Supplementary Order Paper by clause reference

Clause 40B

Subclause (1): to insert after control (line 3 on page 75) or a contracting requirement.

To insert the following subclause after subclause (1) (after line 6 on page 75):

  • (1A) An operator of an existing commercial service who wishes to appeal against the transitional arrangements relating to a contracting requirement must lodge a notice of appeal with the Environment Court within 15 working days of receiving notice of the adoption, and a copy, of the transitional arrangements under section 11(1)(b), or a longer time that the court allows.

Subclause (2): to omit subsection (1) (lines 8 and 9 on page 75) and substitute subsection (1) or (1A).

To insert the following subclause after subclause (2) (after line 11 on page 75):

  • (2A) The New Zealand Transport Agency has the right to appear and be heard during any appeal under section 40AA.

Subclause (3)(b): to insert after control (line 16 on page 75) or contracting requirement.

Subclause (3)(c): to omit this paragraph (lines 17 to 19 on page 75) and substitute the following paragraph:

  • (c) as appropriate,—

    • (i) insert transitional arrangements in the plan in order to alleviate any material adverse effects of the control or any contracting requirement on any operator of an existing commercial service:

    • (ii) modify transitional arrangements in order to alleviate any material adverse effects of the control or any contracting requirement on any operator of an existing commercial service, whether or not the transitional arrangements are contained in the plan.

Subclause (5): to omit section 40A (line 26 on page 75) and substitute sections 40A or 40AA.