Biosecurity Act 1993

Pest management - National pathway management plans

81: First step: plan initiated by proposal

You could also call this:

"Someone suggests a plan to help manage pathways and explains how it will work"

To make a national pathway management plan, someone has to propose it first. This person can be a Minister or someone who sends a proposal to a Minister. You need to know who is making the proposal and what it is about. The proposal must include details about the problem, why a plan is needed, and what the plan aims to achieve.

The person making the proposal must think about the potential risks and benefits of the plan. They must also consider how the plan will affect the environment, people's health, and the economy. The proposal should explain how the plan will be paid for and who will be responsible for implementing it.

The person making the proposal must also think about how the plan will be monitored and how its success will be measured. They must consider what rules will be needed to make the plan work and who will enforce them. The proposal should include information about how any losses incurred during the implementation of the plan will be compensated.

The proposal may also need to include information about how the plan will affect Māori and their culture. It may need to explain how the plan will be coordinated with other plans and how any conflicts will be resolved. The person making the proposal should consider whether the plan will apply to certain areas, such as the Exclusive Economic Zone, and whether it will include parts of roads.

The proposal should state how long the plan will be in force and what consultation has taken place. It should also explain how the national policy direction has been followed and what steps have been taken to comply with its requirements. If the plan is to be funded by a levy under section 100L, the proposal must explain how the levy will work and what matters will be specified under section 100N(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315772.


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"What happens when rules and plans disagree with other laws"


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"The Minister checks if a proposal follows the rules and is a good idea for New Zealand."

Part 5Pest management
National pathway management plans

81First step: plan initiated by proposal

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

  2. a Minister; or
    1. a person who submits the proposal to a Minister.
      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 the pathway or pathways to which the proposal applies:
          1. for each subject,—
            1. a description of the actual or potential risks associated with it:
              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 a national plan is more appropriate than a regional plan:
                        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 anticipated costs of implementing the plan:
                                1. how it is proposed that the costs be funded:
                                  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. the effect 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 pathway management plan or a pest 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 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 or not the plan would apply to the EEZ and, if it would, whether it would apply to all of it or parts of it and, if it would apply to parts, which parts:
                                                              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 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 81: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).