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Biosecurity Act 1993

Pest management - Regional pest management plans

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

You could also call this:

"Checking if everyone's been properly asked about the pest management plan"

When a council is making a regional pest management plan, they need to check if they are satisfied with the consultation they have done. You have to consider if the Ministers, local authorities, and tangata whenua have been consulted about the plan. The council also needs to think about if other people who might be affected by the plan have been consulted enough. You can find more information about what the council needs to do in section 71. The council must look at how the plan will affect people, if they have already been consulted, and what they think about the plan.

If the council is happy with the consultation, they must follow section 73. If the council is not happy, they can ask for more consultation to be done. The council gets to decide how this consultation will happen, such as talking to people who will be affected, having an independent inquiry, or asking for public submissions.

After the consultation is finished, the council must check again if they are satisfied with the consultation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315723.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingGovernment and voting > Local councils
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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."

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

"The council approves a pest management plan and decides who's in charge of managing pests."

Part 5Pest management
Regional pest management plans

72Third step: satisfaction with consultation or requirement of more consultation

  1. If the council is satisfied of the matters in section 71, the council may take the third step in the making of a plan, which is for the council to consider whether the council 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 the tangata whenua of the area who may be affected by the plan were consulted through iwi authorities and tribal runanga; and
        1. that, if consultation with other persons is appropriate, sufficient consultation has occurred.

          1. In considering whether the council is satisfied as required by subsection (1)(d), the council 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 council is satisfied as required by subsection (1), the council must apply section 73.

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

                3. If the council requires consultation to be undertaken, the council 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 council of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the council:
                    1. public notification of the proposal and the receipt of submissions.

                      1. After the consultation required by the council has been undertaken, the council must apply subsection (1) again.

                      Notes
                      • Section 72: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).