Biosecurity Act 1993

Pest management - Regional pest management plans

78: Exemptions from rules

You could also call this:

"When rules don't apply: getting an exemption from a regional pest management plan"

The council can let you off from following a rule in a regional pest management plan. They can do this without any conditions or with conditions they think are suitable. The council will only let you off if they are sure it won't stop the plan's goals from being met.

The council can let you off if you have already mostly followed the rule, or if what you have done is just as good as following the rule. They can also let you off if the rule is clearly unfair or unnecessary in your situation, or if something has happened that makes the rule no longer needed. The council can let one person off, or a whole group of people, or people in a certain area, or people in charge of certain things.

If the council lets you off from a rule, they have to say how long the exemption will last. They also have to keep a record of all exemptions, including why they were granted and how long they will last. You can look at this record for free at the council's office or on their website.

The council can extend the time period of an exemption, but they have to do this before the exemption runs out. They can extend it more than once if they need to. You can find more information about how the law was changed by looking at the Biosecurity Law Reform Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315743.


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Part 5Pest management
Regional pest management plans

78Exemptions from rules

  1. The council may exempt a person from a requirement in a rule, without conditions or on conditions that the council considers appropriate.

  2. The council may grant an exemption under subsection (1) only if—

  3. the council is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
    1. the council is satisfied that 1 or more of the following applies:
      1. the requirement has been substantially complied with and further compliance is unnecessary:
        1. the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
          1. the requirement is clearly unreasonable or inappropriate in the particular case:
            1. events have occurred that make the requirement unnecessary or inappropriate in the particular case.
            2. The council may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the council considers appropriate.

            3. The council may grant an exemption under subsection (3) only if the council is satisfied that events have occurred that make the requirement unnecessary or inappropriate.

            4. Conditions on which the council grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.

            5. The council must determine the period of an exemption that the council grants.

            6. The council must provide a register that—

            7. records, for each exemption granted,—
              1. a description of the exemption; and
                1. the reasons for the exemption; and
                  1. the period of the exemption; and
                  2. is available for the public to read free of charge—
                    1. at the council's offices during the council's normal office hours; or
                      1. on an Internet site maintained by or on behalf of the council.
                      2. The following apply to the extension of the period of an exemption:

                      3. the council may grant an extension of the period; and
                        1. the extension must be granted before the end of the period; and
                          1. the extended period becomes the period of the exemption; and
                            1. the council may exercise the power in paragraph (a) more than once.
                              Notes
                              • Section 78: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).