Biosecurity Act 1993

Pest management - National pathway management plans

82: Second step: satisfaction on requirements

You could also call this:

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

The Minister checks if the rules in section 81 have been followed. You need to know the Minister is satisfied with the proposal. The Minister looks at many things to decide this.

The Minister checks if the proposal is consistent with the national policy direction. The Minister also checks if the people making the proposal followed the right process. The Minister wants to know if the proposal is a good way to manage the problem.

The Minister thinks about how the problem could affect many things in New Zealand. These things include the economy, animals, plants, and people's health. The Minister also thinks about the environment and how people enjoy it.

The Minister checks if the benefits of the plan are greater than the costs. The Minister wants to know if the people who have to pay for the plan will also benefit from it. The Minister checks if there is enough money to make the plan work.

The Minister makes sure the plan does not go against New Zealand's international obligations. The Minister checks if each rule in the plan helps achieve its goals. The Minister wants to know if the rules respect people's rights.

The Minister checks if the proposal is clear and not frivolous. The Minister also checks if the proposal is new or if it has been rejected before. If it was rejected, the Minister wants to know if there is new information that changes things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315774.


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81: First step: plan initiated by proposal, or

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


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83: Third step: satisfaction with consultation or requirement of more consultation, or

"The Minister checks if everyone was asked for their thoughts and is happy with the feedback before moving on."

Part 5Pest management
National pathway management plans

82Second step: satisfaction on requirements

  1. If the Minister is satisfied that section 81 has been complied with, the Minister may take the second step in the making of a plan, which is to consider whether the Minister is satisfied—

  2. that the proposal is not inconsistent with the national policy direction; and
    1. that, during the development of the proposal, the process requirements for a plan in the national policy direction, if there were any, were complied with; and
      1. that the proposal has merit as a means of managing the subject of the proposal, which means the pathway or pathways; and
        1. that each subject could spread an organism that is capable of causing at some time an adverse effect on 1 or more of the following in New Zealand:
          1. economic wellbeing:
            1. the viability of threatened species of organisms:
              1. the survival and distribution of indigenous plants or animals:
                1. the sustainability of natural and developed ecosystems, ecological processes, and biological diversity:
                  1. soil resources:
                    1. water quality:
                      1. human health:
                        1. social and cultural wellbeing:
                          1. the enjoyment of the recreational value of the natural environment:
                            1. the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
                              1. animal welfare; and
                              2. that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
                                1. that, for each subject, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
                                  1. would 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, 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 the implementation of the plan would not be contrary to New Zealand's international obligations; and
                                        1. that each proposed rule—
                                          1. would assist in achieving the plan's objectives; and
                                            1. would not trespass unduly on the rights of individuals; and
                                            2. that the proposal is not frivolous or vexatious; and
                                              1. that the proposal is clear enough to be readily understood; and
                                                1. that, if the Minister rejected a similar proposal within the last 3 years, new and material information answers the Minister's objection to the previous proposal.
                                                  Notes
                                                  • Section 82: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).