Public Transport Management Bill — In Committee 
Public Transport Management Bill — In Committee 
[Volume:650;Page:18742] 
Public Transport Management Bill 
In Committee 
Debate resumed from 9 September. 
Part 2 Regulation of public transport 
The CHAIRPERSON (Hon Clem Simich) 
: The amendment in the name of Peter Brown to clause 13 to omit subclause (1)(h) is ruled out of order as it is inconsistent with a previous decision of the Committee. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to insert new clause 14A be agreed to. 
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 CHAIRPERSON (Hon Marian Hobbs) 
: An amendment to clause 15 has been ruled out of order as being subject to a financial veto. That was an amendment by the Hon Maurice Williamson. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to insert new clause 15A be agreed to. 
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 16 be agreed to: 
to add to paragraph (a) the following subparagraph: 
(ix)the purpose in section 3;. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 16 be agreed to: 
to omit subparagraph (a)(viii). 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 16 be agreed to: 
to add the following subclause: 
(2)Nothing in this section limits section 12(1). 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 17 be agreed to: 
to omit from subclause (3) “the” and substitute “an”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 17 be agreed to: 
to insert in subclause (3) after “commercial public transport service” “or from a prospective operator of a commercial public transport service under subsection (1)(d) or (2)(g)”. 
Amendment not agreed to. 
The CHAIRPERSON (Hon Marian Hobbs) 
: The amendment in the name of the Hon Maurice Williamson to clause 18 to omit and substitute subclause (2) is ruled out of order as it is inconsistent with a previous decision of the Committee. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 18 be agreed to: 
to insert in subclause (6)(a) after “consultation” “under section 16(2)”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 18 be agreed to. 
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 18A be agreed to: 
to omit subclauses (3) and (4). 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 18A be agreed to: 
to omit subclauses (7) and (8) and substitute the following subclause: 
(7)If the Agency discloses information it receives under subsection (1) to those persons specified in subsection 4(a) it must require those persons (in a written enforceable form): 
to keep any information they receive confidential; and 
not to disclose the information to any other party other than the Agency. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 19 be agreed to: 
to insert in subclause (1) before “The following written” “Subject to section 12(1)”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 19 be agreed to: 
to add the following subclause: 
(4)A control may incorporate material by reference only if referencing to or incorporating in whole or in part with or without modification a standard requirement or rule (related to the subject matter of the control) of— 
(a)Standards New Zealand; or 
(b)a comparable organisation in a jurisdiction other than New Zealand. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 20 be agreed to: 
to add after “effect” “and if the amendment or replacement material is of the same general character as the material amended or replaced”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 23 be agreed to: 
to add to subclause (1) the following paragraphs: 
(c)allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and 
(d)consider any comments those persons make. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 25 be agreed to: 
to omit subclause (2)(aa). 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 25 be agreed to: 
to insert in subclause (2) the following paragraph: 
(da)passenger capacity of the public transport service; and. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 28 be agreed to: 
to omit subclause (1)(aa). 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 28 be agreed to: 
to insert in subclause (1) the following paragraph: 
(da)proposed passenger capacity; and. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 29 be agreed to: 
to omit paragraph (b) and substitute the following paragraphs: 
(aa)that has the clear demonstrable purpose of disrupting the contracting of public transport services; or 
(ab) that will have a substantial material adverse effect on the sustainability of the funding of contracted public transport services; or. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 29 be agreed to. 
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 30 be agreed to: 
to insert in subclause (1)(b) after “person or by” “a”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 32 be agreed to: 
to omit subclause (1)(aa). 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 32 be agreed to: 
to insert in subclause (1) the following paragraph: 
(da)the passenger capacity;. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 33 be agreed to: 
to omit subclause (1)(b) and substitute the following paragraphs: 
(aa)that has the clear demonstrable purpose of disrupting the contracting of public transport services; or 
(ab)that will have a substantial material adverse effect on the sustainability of the funding of contracted public transport services; or. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 33 be agreed to: 
to omit from subclause (1)(d)(iii) “resolves to tender” and substitute “calls for tenders for”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 33 be agreed to. 
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 34 be agreed to: 
to insert in subclause (1)(b) after “person or by” “a”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert in subclause (1) after “council” “reasonably”. 
A party vote was called for on the question  
That the amendment be agreed to.  
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert in subclause (1)(b) before “conduct” “after giving reasonable notice to the operator;”. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert in subclause (1)(c) before “inspect” “after giving reasonable notice to the operator;”. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert in subclause (1)(d) before “inspect” “after giving reasonable notice to the operator;”.  
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert in subclause (4) after “he or she is” “reasonably”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert the following subclause: 
(4A)An authorised person must not in carrying out monitoring under subsection (1) or exercising the power in subsection (4) disrupt the operation of the commercial public transport service. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert in subclause (5)(a) after “mode of transport” “where required”. 
A party vote was called for on the question  
The amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 35B be agreed to: 
to insert in subclause (5)(a) after “he or she is” “reasonably”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
PETER BROWN (Deputy Leader—NZ First) 
: 
 I raise a point of order Mr Chairperson. I would like to suggest or move a motion that we take the principal clauses as one vote rather than do all these little subclauses. New Zealand First is totally supportive of the Hon Maurice Williamson’s amendments but I think it is quite obvious that the voting has been lost now. If suddenly everybody changed their mind and voted for the amendments it would be a mishmash bill. All these subparagraphs and subclauses interrelate so I would like to suggest or move a motion that we take the clauses as one vote. 
The CHAIRPERSON (Hon Clem Simich) 
: No if you could proceed by seeking leave for that. 
PETER BROWN 
: I seek leave to do that. 
The CHAIRPERSON (Hon Clem Simich) 
: Leave has been sought for that course to be followed. Is there any objection? There is objection. Thank you Mr Brown. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 36 be agreed to: 
to omit from subclause (1)(b)(i) “90” and substitute “180”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 36 be agreed to: 
to omit from subclause (1)(b)(ii) “90” and substitute “180”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 36 be agreed to: 
to omit from subclause (2)(a) “90” and substitute “180”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 36 be agreed to: 
to omit from subclause (2)(b) “90” and substitute “180”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 38 be agreed to: 
to insert in subclause (1) after “failed” “to a material extent”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 38 be agreed to: 
to insert in subclause (2)(a)(i) after “transport service” “materially;”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 38 be agreed to: 
to insert in subclause (4)(a)(i) after “comply” “materially”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 38 be agreed to: 
to insert in subclause (5) after “comply” “materially”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 38 be agreed to: 
to insert in subclause (6)(a)(i) after “failing to comply” “materially”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 38A be agreed to: 
to insert in subclause (7) after “in person or by” “a”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The CHAIRPERSON (Hon Clem Simich) 
: The amendment to clause 38A(9) in the name of the Hon Maurice Williamson is ruled out of order as it is the same in substance as a previous amendment. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to insert new clause 39A be agreed to. 
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 40A be agreed to: 
to add the following subclauses: 
(2)An operator of an existing service may appeal against any decision of a regional council under section 13 to require that operator to provide information to the regional council on the grounds that the regional council has not complied with section 13 in requiring that information. 
(3)Nothing in this section affects the operator’s right to apply in accordance with the law for judicial review of the validity of a control. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to insert new clause 44AA be agreed to. 
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 amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 40B(1) be agreed to. 
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 40B be agreed to: 
to insert in subclause (1) after “a control” “or a decision under section 13”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 40B be agreed to: 
to omit from subclause (1) “15” and substitute “20”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 40B be agreed to: 
to insert in subclause (1) after “section 11(1)(b)” “or the decision under section 13”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to insert new subclause (1A) in clause 40B be agreed to. 
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 amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 40B(2) be agreed to. 
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 amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to insert new subclause (2A) in clause 40B be agreed to. 
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 40B be agreed to: 
to insert in subclause (3) the following paragraph: 
(aa)order compensation to be paid to the operator in respect of application of the control to the operator;. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 40B(3)(b) be agreed to. 
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 40B be agreed to: 
to insert in subclause (3)(b) after “the control” “in the case of an appeal under section 40A(1)”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 40B(3)(c) be agreed to. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 64 
New Zealand Labour 49; Green Party 6; Maori Party 4; ACT New Zealand 2; Progressive 1; Independents: Copeland Field. 
Noes 56 
New Zealand National 47; New Zealand First 7; United Future 2. 
Amendment agreed to. 
The CHAIRPERSON (Hon Clem Simich) 
: The amendment in the name of the Hon Maurice Williamson to omit “material” and substitute “potential” in clause 40B(3)(c) is ruled out of order as it is inconsistent with a previous decision of the Committee. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 40B be agreed to: 
to add to subclause (3) the following paragraph: 
(d)Overturn or modify the regional council’s decision or require the regional council to reconsider that decision subject to directions of the Court in the case of an appeal section 39A(2). 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The CHAIRPERSON (Hon Clem Simich) 
: The amendment in the name of the Hon Maurice Williamson to clause 40B(4) is ruled out of order because it is inconsistent with a previous decision of the Committee. 
The question was put that the amendment set out on Supplementary Order Paper 249 in the name of Jeanette Fitzsimons to clause 40B(5) be agreed to. 
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 43 be agreed to: 
to omit from the heading “to continue in force” and substitute “suspended”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 43 be agreed to: 
to add to subclause (1) after “section” “40A;”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 43 be agreed to: 
to omit from subclause (1) “continues in force” and substitute “is suspended”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 43 be agreed to: 
to omit from subclause (1) “and no person is excused from complying with a provision of this Act on the grounds that an appeal is pending”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 43 be agreed to: 
to omit from subclause (2) “may suspend” and substitute “or as the case may be the Environment Court determine that”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 43 be agreed to: 
to insert in subclause (2) after “decision” “continues in force”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 43 be agreed to: 
to omit from subclause (2) “not” and substitute “otherwise”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 44 be agreed to: 
to omit from the heading “on questions of law”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 44 be agreed to: 
to insert the following subclause: 
(1A)Despite section 299 of the Resource Management Act only an operator of a service who lodged an appeal under section 40A or the regional council whose decision was subject to the appeal under section 40A who is dissatisfied with the decision of the Environment Court on any ground may appeal to the High Court. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The CHAIRPERSON (Hon Clem Simich) 
: The amendment in the name of the Hon Maurice Williamson to subclause (2) of clause 44 is ruled out of order as it is inconsistent with a previous decision. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 45 be agreed to: 
to insert in subclause (1) after “parties” “eligible”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 45 be agreed to: 
to omit from subclause (1) “an”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to 47 be agreed to: 
to insert in paragraph (b) before “varies” “materially”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 51 be agreed to: 
to omit from subclause (1) “financial records relating to revenue or expenditure;”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 52 be agreed to: 
to insert in the chapeau after “regulations” “for any matters that are contemplated by or necessary for giving full effect to the provisions of this Act or for its due administration”. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
The CHAIRPERSON (Hon Clem Simich) 
: The amendments in the name of Peter Brown to clause 52 to insert words and omit paragraphs (a) to (d) are ruled out of order as they are inconsistent with a previous decision of the Committee. 
The amendment in the name of the Hon Maurice Williamson to clause 52 to omit paragraphs (a) to (d) is also out of order because it is inconsistent with a previous decision of the Committee. 
The question was put that the following amendment in the name of the Hon Maurice Williamson to clause 54 be agreed to: 
to insert the following subclause: 
(3A)If a contract between a regional council and an operator entered into before the commencement of this Act provides for the re-registration by the regional council of commercial public transport services operated by that operator immediately before the contract was entered into and those services or equivalent or replacement services are or were provided by the operator under the contract the regional council will re-register those commercial public services in accordance with that contract despite this Act coming into force. 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 47; New Zealand First 7; Independent: Copeland. 
Noes 65 
New Zealand Labour 49; Green Party 6; Maori Party 4; United Future 2; ACT New Zealand 2; Progressive 1; Independent: Field. 
Amendment not agreed to. 
A party vote was called for on the question  
That Part 2 as amended 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. 
Part 2 as amended be agreed to. 
Schedule 1 
The question was put that the amendments set out on Supplementary Order Paper 248 in the name of the Hon Annette King to schedule 1 be agreed to. 
A party vote was called for on the question  
That the amendments 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. 
Amendments agreed to. 
A party vote was called for on the question  
That schedule 1 as amended 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. 
Schedule 1 as amended agreed to. 
Schedule 2 
A party vote was called for on the question  
That schedule 2 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. 
Schedule 2 agreed to. 
Clauses 1 and 2 
PANSY WONG (National) 
: 
 That long voting process was very necessary. The reason is that this bill is an outrage. The Public Transport Management Bill has turned into the “Public Deception Bill”. That long voting process was necessary to show that National would never let the deceptive Labour-led Government get away with it. 
Before this bill was introduced into the House it was subject to extensive consultation. Three options were put up for consultation: option A was the status quo option B was to give public authorities like the regional councils more control over public transport planning and regulation and option C was to empower the regional councils to prohibit commercial services. The explanatory note of the bill that was tabled in the House—the bill that had been agreed to by the Labour Government—had this to say about option C: “Prohibiting all commercial services in a region will reduce opportunities for public transport operators to innovate and would reduce the control operators have over their businesses thus potentially undermining business confidence. For these reasons option C is not preferred.” When the bill was introduced into Parliament submitters taking part in the public consultation process had the undertaking of the Labour Government that option C would not be introduced. 
Well we now know that that promise of Labour was as good as the promises made by Labour and New Zealand First to Mr Owen Glenn in return for his generosity towards those two parties. He gave half a million dollars to Labour and $100000 to the Spencer Trust. And what did he get? As Mr Owen Glenn said he is expendable. That is how Labour is treating passengers in this legislation. 
That was the first deception. When the bill was introduced into Parliament the submitters were promised that option C would not be adopted. So the submitters who came before our Transport and Industrial Relations Committee made detailed submissions for or against option B. They had done a lot of research and they had gone to great lengths to make a submission for or against option B. The only submitters who were—and probably still are—in favour of option C were without doubt the Auckland Regional Council and the Auckland Regional Transport Authority. Of course those organisations would support option C; which public authority would not support being given the total power that option C gives them? They have full control. They can remove bus operators that through the years have developed routes into being commercially viable. Option C enables those authorities to remove their right to operate. That was the first deception: the explanatory note of the bill stated that option C would not be introduced. 
Towards the end of the select committee process the chairperson the Hon Mark Gosche told the select committee that it would be a good idea for the select committee to amend the bill to include option C. That came as a total surprise to the National members on the select committee because option C had not seemed remotely possible; the submissions we heard were debating option B. We asked the officials whether it would be possible to amend the bill to introduce option C. They were under huge stress and they explained to the select committee that given the time line it was not possible to amend the bill to introduce option C. At that point the Hon Mark Gosche informed the select committee that it would not be a problem and that it would not be out of scope because the Minister of Transport had agreed to it. I presume that was the same Minister of Transport the Hon Annette King who took the result of the first public consultation to Cabinet which decided on option B. So that was interesting. Because she could not convince Cabinet to adopt option C she was introducing it through a back-door measure through having the select committee adopt option C. Well even New Zealand First members can come to their senses once or twice in a term; they decided against it. 
What happened instead? When the bill was being debated by the full Committee of Parliament the Green Party introduced an amendment to introduce option C. Talk about the tail wagging the dog! Apparently that was not the first time that happened. Mr Owen Glenn also said that he thought Mr Peters was using his power over Labour. His personal opinion was that “Mr Peters is well aware of his position in terms of leverage with the Labour Party and I think this has probably gone to his head and he feels he can get away with almost anything.” I think the same thing applies in this case. The Green Party understands its power so it brought in an amendment to change the legislation which we had understood favoured option B over option C.