Biosecurity Act 1993

Pest management - National pest management plans

63: Third step: satisfaction with consultation or requirement of more consultation

You could also call this:

"The Minister checks if everyone affected has been asked about the plan and decides if more talking is needed."

When the Minister is happy with the consultation, they can move to the next step. The Minister checks if other Ministers, local authorities, and tangata whenua have been consulted about the plan. They also check if other people who might be affected by the plan have been consulted.

The Minister thinks about how the plan will affect people and if they have been consulted already. They consider the level of support or opposition to the plan from people who will be affected. The Minister looks at the scale of the impacts on people who are likely to be affected by the plan.

If the Minister is happy with the consultation, they follow the process in section 64. If not, the Minister might ask for more consultation on the proposal. The Minister decides how this consultation will happen, such as talking to people affected or getting public feedback.

After the consultation, the Minister checks again if they are happy with the process. You can find more information about the previous steps in section 62. The Minister's decision is based on the consultation and the potential effects of the plan.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM315394.


Previous

62: Second step: satisfaction on requirements, or

"The Minister checks if a pest control plan is a good idea and follows the rules."


Next

64: Fourth step: approval of preparation of plan and decision on management agency, or

"The Minister approves a pest management plan and chooses the group to be in charge of it."

Part 5Pest management
National pest management plans

63Third step: satisfaction with consultation or requirement of more consultation

  1. If the Minister is satisfied of the matters in section 62, the Minister may take the third step in the making of a plan, which is for the Minister to consider whether the Minister is satisfied—

  2. that, if Ministers' responsibilities may be affected by the plan, the Ministers have been consulted; and
    1. that, if local authorities' responsibilities may be affected by the plan, the authorities have been consulted; and
      1. that, if consultation with tangata whenua or other persons is appropriate, sufficient consultation has occurred.
        1. In considering whether the Minister is satisfied as required by subsection (1)(c), the Minister must have regard to the following:

        2. the scale of the impacts on persons who are likely to be affected by the plan; and
          1. whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of the consultation; and
            1. the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
              1. If the Minister is satisfied as required by subsection (1), the Minister must apply section 64.

              2. If the Minister is not satisfied as required by subsection (1), the Minister may require consultation to be undertaken on the proposal.

              3. If the Minister requires consultation to be undertaken, the Minister must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as—

              4. consultation with persons likely to be affected by the plan or with their representatives:
                1. the appointment by the Minister of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the Minister:
                  1. public notification of the proposal and the receipt of submissions.
                    1. After the consultation required by the Minister has been undertaken, the Minister must apply subsection (1) again.

                    Notes
                    • Section 63: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).