Williams Arena; Brown SimeonARENA WILLIAMS (Labour—Manurewa): The expert in legislative design is here—he's here! And you can see where I'm taking my lessons from because my contribution to this debate is similar to the Hon David Parker who pointed out that not only are the amendments that the Minister is proposing inconsistent with the purpose of the Land Transport Act and that it would better sit in the Energy Efficiency and Conservation Act I would also point to the role of the Commerce Act here being a better place for these amendments to sit. Because the Minister is trying to do something different to what the previous Government was trying to do with the clean car standard and therefore it would better sit in legislation which actually gives effect to that purpose.The members opposite are interested in this provision so I will quote from the Standing Orders here—it's 310 at page 89 at section 1 of that part. Where the committee of the whole House considers a bill to determine whether the bill properly incorporates the principles or objects of the [principal Act]". That is the debate we're having in this part. This is the only part in which we can do that. So we've heard from David Parker that the section that's relevant for the purpose considerations is 170 of the Land Transport Act. That is really clear that the purpose of that Act is to reduce the amount of carbon dioxide emitted by the vehicle fleet. This amendment that the Minister has proposed today is not consistent with that part. So it should not be a part of the Land Transport Act. It should be a part of another Act. So whether it's the energy Act is one consideration that this House should make and I hope the Minister will give us a more fulsome answer on the role of the Energy Efficiency and Conservation Act in providing us with guidance about the standards for energy efficiency.But as Labour's commerce and consumer affairs spokesperson my interest here is in the kind of legislative framework that we are creating for consumers of clean vehicles. And I would suggest that the Minister is actually regulating a market here in exactly the way that the Commerce Act does. He's providing consumers with a user-pays model that incentivises industry behaviour in another way. In other words he is creating a framework that regulates an industry that would not act in this way but he's giving them a really clear market signal and a market mechanism at that to deal with consumers in a different way and to provide them with different choices. His own regulatory impact statement points to the fact that consumers are the main beneficiary of the clean vehicle standard. That's not something I agree with because I would say that New Zealanders as a whole benefit from the reduction of emissions over time.But it's clear that if he doesn't intend to reduce emissions at the same rate that the previous Government would then the main benefit is to consumer choice and is to the kind of vehicles that are being offered to consumers and a larger array of vehicles. That is something which is clearly the domain of the domain of the Commerce Commission. And the Commerce Commission should be empowered to also make sure that that regulatory mechanism is working in favour of consumers and is helping them to engage with the industry to have a wider range of choice. And the Commerce Commission should also be able to consider whether those industry players and especially the larger sector players who have a bigger share of the market who will be most impacted by this amendment that the Minister is putting forward like Toyota are being regulated in the appropriate way. That is why clause 3 of this amendment bill should actually read—sorry I'll just find it—"This Act amends the Commerce Act 1986." Thank you Mr Chair.Hon SIMEON BROWN (Minister of Transport): As I've already stated to the committee this bill is making effectively two changes to the clean vehicle standard and those are in relation to what we've already debated in relation to the enablement of regulations rather than prescription of legislation and cost recovery. Those choices in terms of where this policy should sit were made by the previous Government and they decided to put it within the Land Transport Act. We are now making two targeted amendments and so therefore the appropriate Act to amend is the Act in which the clean vehicle standard sits. So that is what this bill is doing. It's a very clear clause and that is stated in clause and we're not proposing any changes."