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Biosecurity Act 1993

Pest management - National pest management plans

60: Relationship of rules and plan with law

You could also call this:

"What happens when rules and plans disagree with the law"

If you have a rule and a bylaw that say different things, the rule is more important. The rule will be followed if it applies to the same area as the bylaw. You need to know that the rule comes first.

If a plan says the Crown has to do something or pay for something, the Crown must do it or pay for it. The Crown has to follow the rules in the plan and pay any costs. This is how the plan and the law work together.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315386.

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59: Definitions for sections 60 to 67, or

"What special words mean in the pest management rules"

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61: First step: plan initiated by proposal, or

"Creating a pest control plan starts with a proposal that outlines the problem and a solution."

Part 5Pest management
National pest management plans

60Relationship of rules and plan with law

  1. To the extent to which a bylaw of a local authority is inconsistent with a rule applying to the same locality, the rule prevails.

  2. If a plan imposes obligations and costs on the Crown, the Crown must comply with the obligations and meet the costs.

Notes
  • Section 60: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).