Vote: Public Transport Management Bill — In Committee 
Vote: Public Transport Management Bill — In Committee 
[Volume:650;Page:18676] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 63 
New Zealand Labour 49; Green Party 6; Maori Party 4; ACT New Zealand 2; Progressive 1; Independent: Field. 
Noes 57 
New Zealand National 47; New Zealand First 7; United Future 2; Independent: Copeland. 
Amendment agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 12 be agreed to: 
to omit this clause and substitute the following clause: 
12Controls on commercial public transport services  
(1)A regional council may specify a control in a regional public transport plan if—  
(a)the regional council has satisfied itself that: 
(i)there are no alternative options to address the problem proposed to be addressed by the control including non-regulatory options; and 
(ii)there is a relative net economic benefit of adopting the control compared with the alternative options including the non-regulatory options after carrying out a quantitative analysis of costs and benefits except where it is demonstrably not possible to quantify benefits in which case a qualitative analysis may be undertaken; and 
(iii)the adoption of the control represents best value for money including in relation to the impact of the control by itself and combined with other existing controls or proposed controls and public funding available for regional land transport activities; and 
(iv)the control will not have or will be unlikely to have a material adverse effect on the financial viability of commercial public transport operators and on any individual commercial public transport operator both by itself and combined with other existing or proposed controls and any other non-regulatory constraints agreed with operators; and 
(v)the control would not or would not be likely to lead to the cessation of a commercial public transport service; and 
(b)the regional council has identified whether or not the control has the potential to have an adverse effect (not being an effect referred to in subsection (1)(a)(iv) and (v)) on the financial viability of a registered commercial public transport service. 
(2)If a regional council specifies a control in a regional public transport plan it may also specify in the plan—  
(a)any transitional arrangements (which may be any 1 or more of delaying the commencement date of the control providing financial or other assistance to operators or anything else that assists operators to comply with the control) that the regional council in its discretion has or will put in place to remedy any potential adverse effects that the council has identified under subsection(1)(b) the control is likely to have on existing commercial services; or  
(b)the process that the regional council will adopt for determining any such transitional arrangements. 
(3)A control may— 
(a)require a minimum period not exceeding 6 months for the operation of a commercial public transport service (which must include any period of notice required for varying or withdrawing the service) immediately following the commencement of— 
(i)the registered commercial public transport service: 
(ii)a variation to the registered commercial public transport service: 
(b)may require a minimum period of notice (which may be not less than 35 working days and no more than 65 working days) for—  
(i)commencing a commercial public transport service:  
(ii)varying a commercial public transport service; 
(c)may require a minimum period of notice (which may not be more than 65 working days) for withdrawing a commercial public transport service;  
(d)identify commercial public transport services that must be registered collectively provided that each such control: 
(i)applies to no more than one route; and 
(ii)applies to that route for one period in a day of no greater than two hours of continuous service; and 
(iii)specifies no greater service requirements than in the applicable regional public transport plan and supplementary documents for that route; and 
(iv)applies to all weekdays or all Saturdays or Sundays or a specified public holiday but not any combination of those days. 
(e)require compliance with specified quality standards and performance standards: 
(f)require any commercial public transport service to be an integrated service: 
(g)require the application of common emblems or signs (but not common colour schemes) for vehicles or other modes of transport used in integrated public transport services in the region provided that the application is proportionate to and compatible with the commercial operating basis and character of the service: 
(h)require the operator of any commercial public transport service to use integrated technology specified in the regional public transport plan: 
(i)require the operator of any commercial public transport service to issue use and accept an integrated ticket specified in the regional public transport plan: 
(j)set and apportion integrated fares on a reasonable basis without undue discrimination and in accordance with the following factors: 
(i)time: 
(ii)distance travelled: 
(iii)zone: 
(iv)mode of travel: 
(v)any concessionary fares policy: 
(vi)the number of journeys to be travelled: 
(vii)the relevant single operator fare: 
(k)require the operator of any commercial public transport service to collect on behalf of other operators an integrated fare that is set in accordance with a control made under paragraph (i): 
(l)specify the point at which an integrated fare becomes payable: 
(m)require the operator of any commercial public transport service to accept a portion of an integrated fare that is set in accordance with a control made under paragraph (i) as full payment for travel on the service: 
(n)provide that the operator of any commercial public transport service may not collect an additional fare from a passenger who transfers from another service on which the passenger has already paid an integrated fare if the integrated fare includes payment for the passenger’s travel on the operator’s service. 
(4)If a regional council has contracted a public transport service of a similar class to a commercial public transport service a control may impose no greater requirements or higher standards on the commercial public transport service than the requirements or standards applying under the contract to the contracted public transport service. 
(5)For the purposes of subsection (4) the contract that imposes the lesser requirement is the relevant contract for the purposes of comparison with a control if— 
(a)there is more than 1 contracted public transport service of a similar class to the commercial public transport service; and 
(b)the contracted public transport services are provided under separate contracts; and 
(c)the contracts impose different requirements on the contracted public transport services. 
(6)No control may be adopted under subsection (3)(d) to subsection 3(l): 
(a)that would prevent inhibit or deter any operator of a commercial public transport bus or ferry service from offering customers its services under a separate ticket of the operator and at charges set by the operator and a discount for one or more of its services to its customers; and 
(b)requires the operator to incur costs or a reduction in revenues for which it will not receive adequate compensation as a result of being required to differ from its standard rates for the service or from the rates set for the purposes of the operator’s participation in an integrated ticketing and integrated fare scheme. 
(7)No control may be adopted under subsection (3)(c) (d) or (e) in respect of any harbour ferry or hovercraft. 
(8)Subclause (4) does not apply to a control of the type described in subclause (3)(b). 
(9)A control may not be made for the purpose of eliminating any existing commercial service. 
(10)Different types of controls in a regional public transport plan may be applied to different classes or descriptions of public transport services. 
(11)A regional council may not adopt a control that— 
(a)applies to a commercial public transport service that— 
(i)operates outside the region to which the regional public transport plan applies; or 
(ii)is of a class or description that is specified by the Governor-General by Order in Council as an exempt commercial public transport service for the purposes of this section; or 
(b)would require an operator to breach a rule made under the Land Transport Act 1998 or the Maritime Transport Act 1994. 
(12)A control may not be adopted under subsection (3)(c) that exceeds the requirements of any enactment that deals with the subject matter of the proposed control and which applies to commercial public transport services. 
(13)A regional council is not permitted to own lease or licence any integrated technology required for use by an operator of a commercial public transport service or contracted service under an integrated ticketing or integrated fare system control unless it has submitted that integrated technology to an open and fair tender process and the decision to use that integrated technology has been established by independent audit as being cost effective and as not imposing unreasonable terms on the operator. 
(14)In subsection (3)(b) route means a sequential listing of all the streets or roads to be followed and the stopping places to be observed between one terminal and another by a public transport service.