Biosecurity Act 1993

Pest management - Policy direction

57: Process for making national policy direction

You could also call this:

"How the government makes a national policy direction plan and gets feedback on it"

The Minister in charge must prepare a proposed national policy direction, which is called a proposal. You can think of a proposal as a plan that the Minister wants to put in place. The Minister must then set up a process to get feedback on the proposal.

The Minister's process must give management agencies and the public enough time to make a submission, which is like a formal comment, on the proposal. The Minister must also get a report and recommendations on the submissions and the proposal. When the Minister gets the report and recommendations, they must think about them carefully.

If the Minister does not agree with a recommendation, they must explain why on a website. The Minister can then make changes to the proposal, leave it as it is, or withdraw some or all of it, and they must explain their reasons on a website. After making any changes, the Minister must ask the Governor-General in Council to approve the national policy direction.

The Governor-General in Council can approve the national policy direction. Once it is approved, the Minister must send a copy to every management agency and regional council as soon as possible. A national policy direction is a type of secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315375.


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56: Responsible Minister provides leadership through national policy direction, or

"The Minister makes a plan to help keep New Zealand safe from pests and diseases."


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58: Process for amending or revoking and replacing national policy direction, or

"How to change New Zealand's national policy direction in a big or small way"

Part 5Pest management
Policy direction

57Process for making national policy direction

  1. The responsible Minister must prepare a proposed national policy direction (proposal).

  2. After preparing the proposal, the Minister must establish, and then use, a process that—

  3. the Minister is satisfied gives adequate time and opportunity to the following to make a submission on the proposal:
    1. management agencies; and
      1. the rest of the public; and
      2. requires a report and recommendations to be made to the Minister on the submissions and the subject matter of the proposal.
        1. When the Minister receives the report and recommendations, the Minister must consider them.

        2. If the Minister does not accept a recommendation, the Minister must publish the Minister's reasons on an Internet site maintained by or on behalf of the Ministry.

        3. The Minister may then—

        4. make changes that the Minister considers appropriate to the proposal or decide to make no changes to it; or
          1. withdraw all or part of the proposal and publish the withdrawal, and the reasons for it, on an Internet site maintained by or on behalf of the Ministry.
            1. When the Minister has made appropriate changes to the proposal or decided to make no changes to it, the Minister must recommend the approval of the national policy direction to the Governor-General in Council.

            2. The Governor-General in Council may approve the national policy direction.

            3. As soon as practicable after the Governor-General in Council has approved the national policy direction, the Minister must send a copy of the direction to every management agency and regional council.

            4. A national policy direction approved under subsection (7) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            Notes
            • Section 57: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
            • Section 57(8): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 57(9): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).