Biosecurity Act 1993

Pest management - Regional pest management plans

69: Relationship of rules with law

You could also call this:

"How rules for pest management work with other New Zealand laws"

When you look at the rules for regional pest management plans, you need to know how they work with other laws. If a regulation made under the Biosecurity Act 1993 or any other Act disagrees with a rule, the regulation is more important. The regulation will be followed instead of the rule.

If a rule in a national pest management plan disagrees with another rule, the rule in the national pest management plan is more important. This also applies to rules in national pathway management plans, they are more important than other rules. A rule will also be more important than a bylaw of a local authority if they disagree.

You should also know that a plan can only make the Crown liable to meet obligations or costs if it is because of a good neighbour rule in the plan. This is the only way a plan can cause the Crown to have to pay for something, and it is done through a good neighbour rule or by taking action to enforce one. The Biosecurity Law Reform Act 2012, which can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3388250, made some changes to these rules.

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 It might be out of date or be missing some parts.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=DLM315706.


Previous

68: Definitions for sections 69 to 78, or

"What special words mean in sections 69 to 78 of the Biosecurity Act"


Next

70: First step: plan initiated by proposal, or

"Creating a pest control plan starts with a proposal that outlines the problem, goals, and costs."

Part 5Pest management
Regional pest management plans

69Relationship of rules with law

  1. To the extent to which a regulation made under this or any other Act is inconsistent with a rule, the regulation prevails.

  2. To the extent to which a rule in a national pest management plan is inconsistent with a rule, the rule in the national pest management plan prevails.

  3. To the extent to which a rule in a national pathway management plan is inconsistent with a rule, the rule in the national pathway management plan prevails.

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

  5. A good neighbour rule in a plan, or action taken under a plan to enforce a good neighbour rule in the plan, are the only ways in which a plan may cause the Crown to become liable to meet obligations or costs.

Notes
  • Section 69: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).