Flavell Te Ururoa: Land Transport Amendment Bill — First Reading 
Flavell Te Ururoa: Land Transport Amendment Bill — First Reading 
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TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
Tena koe Mr Assistant Speaker. Ka nui te mihi ki a koe ki a tatou e noho nei te Whare. 
[ 
Greetings to you Mr Assistant Speaker. My grateful appreciation to you and those of us as well seated about this House. 
] 
I stand on behalf of my Maori Party colleagues to commend Minister Harry Duynhoven for having the courage to identify an error in lawmaking and the commitment to follow through and address that error. It is an act of courage that we hope all members of the Government will learn from and we look forward to supporting them in addressing other errors of lawmaking that have occurred in this Parliament. In fact the Foreshore and Seabed Act which is another example of a legal catastrophe comes very easily to mind and this bill is a fantastic precedent. Like other errors of lawmaking made by this Parliament we know that that legislation has had a huge impact on human lives throughout Aotearoa. 
In the case of the Land Transport Act the evidence is undeniable that whanau have suffered because of the removal of the P endorsement from drivers of passenger service vehicles. In fact over the last 2 months we have also heard some fairly sad stories about the traumatic impact families have experienced as a result of the retrospective provisions of that Act. Like others who have spoken today we have heard of families being devastated by the impact of their fathers’ adolescent sexual exploits some 35 years earlier limiting their ability to put bread and butter on the table in 2006. 
We have heard of drivers who were convicted 40 years ago of having carnal knowledge being doubly discriminated against. They are now having to pay the price again by losing their livelihoods. We have heard of an owner-operator in Christchurch who has been happily married for 31 years and who lost his licence for 6 months back in 1973 after he and a group of young boys he was with at the time were arrested on charges of sexual assault. He is being penalised again 33 years after the original charge. 
To that end the Maori Party is looking for some action. For our part we have taken up each and every one of our constituents’ concerns with the Minister for Transport Safety asking him to revisit the legislation in order to prevent any further distress for workers and families. Although my earlier remarks might have commended the Minister for bringing this case to the House the tragedy is that it has taken this Government so long to act. 
Yesterday the member for Te Tai Hauauru brought to the attention of this House the repeated and unjustifiable delays that have characterised the inefficiency of the Crown Law Office. We talked about that yesterday. Later this afternoon if I get a chance I will talk about the incompetence and reckless inaction of other Crown agencies in relation to the business of Treaty of Waitangi settlements. 
With this bill we are considering the inexcusable delays that families have suffered from and the nature of the Government’s response to the error of its lawmaking. When the Transport and Industrial Relations Committee presented its report on 18 April 2005 there was unanimous agreement for goodness’ sake by all members of the committee that further consideration should be given to the matters in this bill. Why did it take 10 months to listen and to act? What part of “unanimous” has created uncertainty? 
It reminds me of a song and at this hour of the day we might need to listen to me sing. It goes something like this: 
Cab driver once more ‘round the block 
Never mind the tickin’ of the clock. 
I will stop there just in case members want me to carry on. The ticking of the clock I am sure has been on the minds of the children the dependants and the family members who stand to lose their livelihoods. All of that has been compromised by the way that this bill has arrived at this point in time. 
Now the key concern for the Maori Party is something like this. Who will compensate those who have been affected through jobs being lost and licences being revoked? We support this legislation to provide an opportunity for the people affected by this bill to seek approval for a P endorsement in the future despite their convictions. We do so in the interests of families and whanau who have the most to lose but in doing so we strike a note of caution. 
The Maori Party in supporting this bill nevertheless retains its position that people convicted of specified serious offences such as murder or sexual and violent offences should be prohibited from carrying passengers. We have a whakatauki that guides us in this matter: ehara taku toa i te toa takitahi engari he toa takitini. 
[ 
my bravery is not that of the individual but rather of the multitude. 
] 
The strength of the collective is the main concern. The best interests of the widest group must prevail. Any question about previous offending of an individual that threatens the well-being of the group must therefore be given careful consideration. 
We are also very conscious of the silent voices over the course of the last 10 months—the victims of the original crimes. Whether it be 10 20 or 30 years ago they will have a perspective that we think needs to be heard. 
There are complex issues associated with this legislation that we hope will be raised in the discussion during the select committee process. What is the nature of compensation that can be given to families who have been compromised by the effects of the provisions of this Act? Will the individuals who have been affected by this unjust law be entitled to a formal apology? How will victims of the so-called lower-level sexual offences which feature at the core of this new bill have an input into the discussion around measuring the scale of the offence? This bill is all about responding to the consequences of earlier actions and the resulting effect it may have on whanau. 
Finally we think of the philosophy behind the korero: he moana ke ta matawhanui he moana ke ta matawhaiti. 
[ 
the saying: the sea of the prudent and that of a rash one. 
] 
We must always think of the big picture. One accepts that some might say that those crimes were committed way back and we should move on. But do not forget that the crime was committed. The overriding factor influencing us in the Maori Party in supporting this bill is that public safety and security must not be compromised whilst at the same time we must protect the life chances of those family members who were placed at risk.