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Biosecurity Act 1993

Preliminary

7A: Relationship with Resource Management Act 1991

You could also call this:

"How the law helps stop harmful organisms without breaking environment rules"

The Minister in charge can exempt some actions from the rules in the Resource Management Act 1991 if those actions are taken to get rid of an organism that could harm New Zealand. You need to understand that the Minister will only do this if the action would normally break the rules and if the organism is not already widespread in New Zealand. The Minister must also think the organism could cause significant harm to the environment, people's health, or the economy.

If the Minister decides to exempt an action, it can only last for up to 20 working days. Before making this decision, the Minister must talk to the people who normally give permission for such actions, and may also talk to others who could be affected. If an exemption is granted, the rules in the Resource Management Act 1991 do not apply while the exemption is in place.

After the exemption ends, the rules will apply again, and the Minister must fix any problems caused by the action. For this section, a consent authority is an organisation that can give permission for certain activities, as defined in section 2(1) of the Resource Management Act 1991.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315235.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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7: Relationship with other enactments, or

"How the Biosecurity Act 1993 works with other New Zealand laws."

Next

7B: Relationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, or

"Temporary exceptions to environmental rules to stop organisms that can cause big problems."

Part 1Preliminary

7ARelationship with Resource Management Act 1991

  1. The responsible Minister may exempt an action from the provisions of Part 3 of the Resource Management Act 1991 if the action is taken in accordance with Part 6 of this Act in an attempt to eradicate an organism and if—

  2. the action would be in breach of Part 3 of the Resource Management Act 1991; and
    1. the responsible Minister is satisfied that it is likely that—
      1. the organism is not established in New Zealand, the organism is not known to be established in New Zealand, or the organism is established in New Zealand but is restricted to certain parts of New Zealand; and
        1. the organism has the potential to cause 1 or more of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in New Zealand, or if it becomes established throughout New Zealand; and
          1. it is in the public interest that action be taken immediately in an attempt to eradicate the organism.

          2. The exemption of an action under subsection (1) may last for up to 20 working days.

          3. Before making a decision under subsection (1), the responsible Minister—

          4. must consult the relevant consent authority (to the extent that is possible in the circumstances); and
            1. may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication attempt.

              1. If an exemption is granted under subsection (1) or continued by regulations made under section 7D, Part 3 of the Resource Management Act 1991 does not apply to the action while the exemption continues.

              2. After the exemption ends,—

              3. the provisions of the Resource Management Act 1991 apply to the action and its adverse effects to the same extent as those provisions would have applied but for the exemption; and
                1. the responsible Minister must remedy or mitigate the adverse effects to which the provisions of the Resource Management Act 1991 would have applied if not for the exemption.

                  1. For the purposes of this section, consent authority has the same meaning as in section 2(1) of the Resource Management Act 1991.

                  Notes
                  • Section 7A: replaced, on , by section 170 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).
                  • Section 7A heading: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 7A(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 7A(1)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 7A(4): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 7A(5)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 7A(5)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 7A(6): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).