Biosecurity Act 1993

Pest management - Regional pest management plans

70: First step: plan initiated by proposal

You could also call this:

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

When a regional pest management plan is being made, the first step is a proposal. You can make a proposal to the council, or the council can make one itself. The proposal must include some important information, such as who is making the proposal and what pest is being targeted. You also need to explain why the plan is needed and what you hope to achieve with it.

The proposal should describe the bad effects of the pest and the reasons for proposing a plan. It should also outline the main goals of the plan and how you will achieve them. You need to think about the costs and benefits of the plan and who will be affected by it. If the plan will be funded by a levy under section 100L, you must explain how the levy will work and what matters will be covered under section 100N(1).

You should consider how the plan will affect the environment, people's health, and the economy. The proposal must also include information about how the plan will be implemented and monitored. This includes what rules will be in place, who will be responsible for managing the plan, and how costs will be funded. You need to think about how long the plan will last and what will happen if there are any problems with it. The proposal should also cover any other important details, such as how the plan will affect other pest management plans or how it will be coordinated with other plans. You must explain which powers from Part 6 will be used to implement the plan. The proposal should include each proposed rule and explain its purpose. It should also outline the rules that are intended to be good neighbour rules and the rules whose contravention will be an offence under this Act. You need to identify the management agency and explain how it is proposed to monitor or measure the achievement of the plan's objectives. The proposal should cover the actions that local authorities may take to implement the plan and the basis on which the management agency will pay compensation for losses incurred as a result of the plan. You should provide information on the disposal of the proceeds of any receipts arising from implementing the plan. The proposal must include whether the plan covers portions of road adjoining land and the anticipated costs of implementing the plan. You need to explain how the costs will be funded and the period for which the plan will be in force. The proposal should cover any consultation that has occurred on the proposal and the outcome of it. It should also include any matter that the national policy direction requires to be specified in a plan and the steps taken to comply with the process requirements in the national policy direction.

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69: Relationship of rules with law, or

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


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71: Second step: satisfaction on requirements, or

"Council checks the pest plan is fair, follows rules, and will work before making a decision."

Part 5Pest management
Regional pest management plans

70First step: plan initiated by proposal

  1. The first step in the making of a plan is a proposal made by—

  2. the council; or
    1. a person who submits the proposal to the council.
      1. The proposal must set out the following matters:

      2. the name of the person making the proposal:
        1. the subject of the proposal, which means—
          1. the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or
            1. the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be specified as pests under the plan:
            2. for each subject,—
              1. a description of its adverse effects:
                1. the reasons for proposing a plan:
                  1. the objectives that the plan would have:
                    1. the principal measures that would be in the plan to achieve the objectives:
                      1. other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed measures are preferable as a means of achieving the objectives:
                        1. the reasons why the plan is more appropriate than relying on voluntary actions:
                          1. an analysis of the benefits and costs of the plan:
                            1. the extent to which any persons, or persons of a class or description, are likely to benefit from the plan:
                              1. the extent to which any persons, or persons of a class or description, contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan:
                                1. the rationale for the proposed allocation of costs:
                                  1. if it is proposed that the plan be funded by a levy under section 100L, how the proposed levy satisfies section 100L(5)(d) and what matters will be specified under section 100N(1):
                                    1. whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons whom the plan would require to pay the costs:
                                    2. any other organism intended to be controlled:
                                      1. the effects that, in the opinion of the person making the proposal, implementation of the plan would have on—
                                        1. economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
                                          1. the marketing overseas of New Zealand products:
                                          2. if the plan would affect another pest management plan or a pathway management plan, how it is proposed to co-ordinate the implementation of the plans:
                                            1. the powers in Part 6 that it is proposed to use to implement the plan:
                                              1. each proposed rule and an explanation of its purpose:
                                                1. the rules, if any, that are intended to be good neighbour rules:
                                                  1. the rules whose contravention is proposed to be an offence under this Act:
                                                    1. the management agency:
                                                      1. the means by which it is proposed to monitor or measure the achievement of the plan's objectives:
                                                        1. the actions that it is proposed local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
                                                          1. the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the plan:
                                                            1. information on the disposal of the proceeds of any receipts arising in the course of implementing the plan:
                                                              1. whether the plan includes portions of road adjoining land it covers, as authorised by section 6, and, if so, the portions of road proposed to be included:
                                                                1. the anticipated costs of implementing the plan:
                                                                  1. how it is proposed that the costs be funded:
                                                                    1. the period for which it is proposed the plan be in force:
                                                                      1. the consultation, if any, that has occurred on the proposal and the outcome of it:
                                                                        1. any matter that the national policy direction requires be specified in a plan:
                                                                          1. the steps that have been taken to comply with the process requirements in the national policy direction, if there were any.
                                                                            Notes
                                                                            • Section 70: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).