Biosecurity Act 1993

Pest management - Regional pest management plans

74: Fifth step: satisfaction on contents of plan and requirements

You could also call this:

"Check the pest plan is good and fair for everyone, and has enough money to work for at least 5 years."

When a council is making a regional pest management plan, you need to check if the plan meets some requirements. The council must be satisfied the plan is not inconsistent with things like the national policy direction, other pest management plans, or the Resource Management Act 1991. The council also checks if the benefits of the plan outweigh the costs.

The council looks at who will pay for the plan and if they will get benefits from it. You want to make sure people who pay for the plan will get benefits that are greater than the costs. The council also checks if there is enough money to implement the plan for at least 5 years.

The council checks each rule in the plan to make sure it helps achieve the plan's objectives. The rules should not unfairly limit individual rights. The council considers all these things when deciding if the plan is satisfactory.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315731.


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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."


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75: Sixth step: decision on plan, or

"The council decides on a pest management plan and explains their decision in a report."

Part 5Pest management
Regional pest management plans

74Fifth step: satisfaction on contents of plan and requirements

  1. If the council is satisfied that section 73 has been complied with, the council may take the fifth step in the making of a plan, which is for the council to consider whether the council is satisfied, in relation to the plan prepared under section 73,—

  2. that the plan is not inconsistent with—
    1. the national policy direction; or
      1. any other pest management plan on the same organism; or
        1. any pathway management plan; or
          1. a regional policy statement or regional plan prepared under the Resource Management Act 1991; or
            1. any regulations; and
            2. that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
              1. that, for each subject of the plan, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
                1. will accrue, as a group, benefits outweighing the costs; or
                  1. contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
                  2. that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
                    1. that each rule—
                      1. will assist in achieving the plan's objectives; and
                        1. will not trespass unduly on the rights of individuals.
                        Notes
                        • Section 74: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                        • Section 74(a)(iv): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).