Biosecurity Act 1993

Pest management - Regional pest management plans

76: Application to Environment Court about plan

You could also call this:

"Apply to court about pest management plans if you disagree with them"

You can apply to the Environment Court about a regional pest management plan. This is the plan that results from the council's decision under section 75(3). You can apply about any aspect of the plan.

You can also apply if you think the plan is inconsistent with the national policy direction. You can apply if you think the process requirements for the plan were not followed. If there was public notification of the proposal and you made a submission, you can apply to the Environment Court.

If you participated in consultation on the proposal and your views were written down, you can apply. You can also apply if you are likely to be affected by the plan and you did not get a chance to participate in consultation. Your application must be made within 15 working days after the public notice.

Your application is made under section 291 of the Resource Management Act 1991. The court will hold a public hearing on your application. The court can dismiss your application or tell the council to modify the plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315737.


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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."


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77: Making of plan, or

"Creating a plan: how the council makes and approves a biosecurity plan"

Part 5Pest management
Regional pest management plans

76Application to Environment Court about plan

  1. This section applies to the plan resulting from the council's decision under section 75(3).

  2. The following matters may be the subject of an application to the Environment Court:

  3. any aspect of the plan:
    1. whether the plan is inconsistent with the national policy direction:
      1. whether the process requirements for a plan in the national policy direction, if there were any, were complied with.
        1. If consultation on the proposal for the plan was undertaken by way of public notification of the proposal and the receipt of submissions, a person who made a submission on the proposal may make an application to the Environment Court.

        2. If consultation on the proposal was undertaken other than by way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court:

        3. a person who participated in consultation during the preparation of the proposal and whose views were provided or recorded in writing:
          1. a person who participated in consultation on the proposal and whose views were provided or recorded in writing:
            1. a person who is likely to be affected by the plan and did not participate in consultation only because the person was not given an opportunity to participate.
              1. The application must be made within 15 working days after the date of the public notice.

              2. The application is made under section 291 of the Resource Management Act 1991 and regulations made under that Act.

              3. The court must hold a public hearing on the application.

              4. The court must—

              5. dismiss the application; or
                1. direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan.
                  Notes
                  • Section 76: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                  • Section 76(6): 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).