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Biosecurity Act 1993

Pest management - National pathway management plans

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

You could also call this:

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

When the Minister is happy with the consultation, they can move to the next step. The Minister checks if other Ministers, local authorities, and tangata whenua have been consulted about the plan. You need to know that tangata whenua refers to the indigenous people of New Zealand.

The Minister thinks about how the plan will affect people and if they have been consulted already. They consider the level of support or opposition to the plan from people who will be affected. The Minister looks at the scale of the impacts on people who are likely to be affected by the plan.

If the Minister is happy with the consultation, they follow the process in section 84. If not, the Minister can ask for more consultation to be done on the proposal. The Minister decides how the consultation will be done, such as talking to people affected or getting submissions from the public.

After the consultation is done, the Minister checks again if they are happy with the consultation. The Minister can ask for consultation to be undertaken in different ways, including public notification of the proposal. You can find more information about the proposal and the consultation process in the related sections, such as section 82.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315777.

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82: Second step: satisfaction on requirements, or

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

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84: Fourth step: approval of preparation of plan and decision on management agency, or

"The Minister approves a plan to manage a biosecurity problem and chooses who will be in charge."

Part 5Pest management
National pathway management plans

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

  1. If the Minister is satisfied of the matters in section 82, the Minister may take the third step in the making of a plan, which is for the Minister to consider whether the Minister is satisfied—

  2. that, if Ministers' responsibilities may be affected by the plan, the Ministers have been consulted; and
    1. that, if local authorities' responsibilities may be affected by the plan, the authorities have been consulted; and
      1. that, if consultation with tangata whenua or other persons is appropriate, sufficient consultation has occurred.

        1. In considering whether the Minister is satisfied as required by subsection (1)(c), the Minister must have regard to the following:

        2. the scale of the impacts on persons who are likely to be affected by the plan; and
          1. whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of the consultation; and
            1. the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.

              1. If the Minister is satisfied as required by subsection (1), the Minister must apply section 84.

              2. If the Minister is not satisfied as required by subsection (1), the Minister may require consultation to be undertaken on the proposal.

              3. If the Minister requires consultation to be undertaken, the Minister must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as—

              4. consultation with persons likely to be affected by the plan or with their representatives:
                1. the appointment by the Minister of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the Minister:
                  1. public notification of the proposal and the receipt of submissions.

                    1. After the consultation required by the Minister has been undertaken, the Minister must apply subsection (1) again.

                    Notes
                    • Section 83: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).