Utikere TangiTANGI UTIKERE (Labour—Palmerston North): Kia orana. Thank you Madam Chair. Again I know my colleague the Hon Rachel Brooking is keen; perhaps she'll get a future call.I want to turn to what I guess is a quite specific list of provisions that are contained within this new section 167BA that's being proposed. It's specifically within new subsection (4) and this is about the nature or the purpose of what the regulations will seek to do or achieve. Specifically I only want to focus on (4)(a) and that references section 168 of the Land Transport Act and identifies a bit of a list. Now it relates to subsection (4) and basically subsection (4) creates a whole list of criteria within which the regulations could seek to address. What this subsection seeks to do is basically identify just five of the criteria that would relate; it doesn't take them all. I know the first one is around specifying the persons who would be responsible for having fees or charges—or both actually—being payable. Section 168(4)(ab) is around the provision for the imposition of a person to whom the fees are payable to have a connection with the administration of any payment. There are five of them. The third one is (d) which provides for the refund the waive or the rebate or enabling the refund or the charge. Section 168(4)(e) is fixing or empowering the fixing the date by which any fee or charge is to be paid. So that is quite specific. The final one is (f) and that is basically around the discounts for early payments and penalties for late payments which we have touch on in terms of the late payments.There are two parts within that particular subsection that might have some relevance—perhaps one more than the other. My question to the Minister is: why haven't they been referred or why are they not included in this new section? The first of them is section 168(4)(aa): prescribe fees and charges payable or provide for their fixing (including a means by which they may be calculated and ascertained or a rate at which they may be calculated or ascertained)" So my question for the Minister is: is that section not relevant or that component not relevant in the consideration of this; if so why has it been excluded from the list defined in new subsection (4) of the bill?The other is the final one. It's just trying to cover off whether or not there any other catch-all provisions there. It's (h) which relates to identifying those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003. Now we've talked previously about the relativity of that particular Act and it not being relevant to being referred to as a principal Act. But there is a question there for the Minister which is: could it be conceived that fees and charges in this context could be seen as land transport revenue? Hon Member: Yeah that's the issue.TANGI UTIKERE: That is the issue and it is quite a broad definition but then it is captured by whether or not it's for the purposes of the Land Transport Management Act. Now it might be that that piece of legislation does have—well it does have some correlation with this Act. But my question to the Minister is: whether (aa) and (h) have on purpose been left out from the relevant criteria in new subsection (4)(a) and if so why that is the case."