Road User Charges (Temporary RUC Reduction Scheme) Amendment Bill

We come now to clause 2, which is the debate on clause 2, “Commencement”. This is a very narrow, focused debate. The question is that clause 2 stand part.

Thank you, Madam Chair, for the opportunity to take a call on the second clause in this bill, and the question I’ve got of the Minister, in relation to the commencement clause—it says, I think, that it comes into force the day after the date of Royal assent. However, in clause 4, the actual road-user charge (RUC) reductions don’t become available until 21 April. I’d like to ask the Minister to clarify why there is a difference in those two dates, and why the Minister is not also making the RUC reductions come into force and available to New Zealanders—which is the intent of this piece of legislation—at a much sooner date, such as the day after the date of Royal assent. I have a tabled amendment on the Table which will address this issue in clause 4, but it is, of course, also relevant to clause 2, which deals with the date of commencement.

I think most New Zealanders would be wondering why we’re here in urgency today, passing this legislation, but, actually, the reality is that this is still not going to become available until 21 April. That comes back to my point: this announcement was made and the delivery is going to take 38 days from the announcement when under the existing piece of legislation, the Minister can issue regulations and have the new RUC rates come in in 42 days. It’s only saving four days. We could potentially save some more days and get that reduction out to consumers, out to taxpayers, much sooner if we amended clause 4 on the date at which it comes into force. As I tie that back through to the date of commencement, I look forward to the Minister’s response.

As the member himself said in his closing comments, his comments mainly related to the provisions of clause 4, which we will get to in due course. What I would say in respect of clause 2 is the fact that the Act comes into effect the day after it receives Royal assent enables Waka Kotahi, as the collector, to very quickly get on and set up the systems that it will need to have in place in order for the reductions to then come into effect shortly thereafter.

Thank you, Madam Chair. Notwithstanding the questions that my colleague Simeon Brown has asked about clause 4, we’re debating clause 2, which is the commencement, and it says that the Act comes into force on the day after the Royal assent. Now, given that we are debating this bill through all stages under urgency, my question to the Minister of Transport is relating to the presence of the Governor-General and her warning: is she ready and standing by to sign tonight, or is she expecting to wait several days—and if this whole piece of legislation is as urgent as the Government think it should be, what warning has the Government provided to ensure the prompt and efficient Royal assent be given?

The member for Coromandel, with all due respect, extends his authority a little too far if he believes that either he or I should be able to dictate the point at which the Governor-General provides Royal assent. That will be done through the usual process at Executive Council.

In response to the Minister, who I assume has read the Cabinet Manual and understands that the Governor-General only works at the discretion and the request of Ministers, can he confirm that he, first and foremost, understands this rather important constitutional element—which I’d be concerned if he did not—and can he also—

CHAIRPERSON (Hon Jacqui Dean): Order! Order! The part we are addressing is clause 2, “Commencement”, which comes into force the day after the Royal assent. I would ask the member—could he sit down, please.

I can—I’m just stretching my legs.

CHAIRPERSON (Hon Jacqui Dean): I would ask the member to address clause 2 directly. So bring it back to the bill.

Well, thank you, Madam Chair. Look, I absolutely want to bring it back to clause 2 because it is the commencement, which requires Royal assent. So, very importantly, this is not a commencement based on a date. It is based simply on the act of a Royal assent, which requires the Governor-General, acting in the right of New Zealand—and we have just had the Minister tell the committee of the whole House that the Governor-General is going to make a decision of when she decides to apply clause 2 in commencement. I think it’s important, therefore, for the committee of the whole House to make sure that the Minister understands his duties under the Cabinet Manual and the constitution. So, once again, my question is very simple so that we can understand the application of clause 2 commencement: does the Minister understand that he and Ministers request the Governor-General to do Royal assent—does he understand this very basic constitutional reality? [Interruption]

Members will be silent when the Chair is going through procedural measures.

Clause 2 agreed to.

Clause 3 Principal Act