Biosecurity Act 1993

Pest management - National pathway management plans

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

You could also call this:

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

When the Minister is happy with the proposal, they can approve the preparation of a plan. The Minister must then decide which body will be in charge of managing the plan, using the rules in section 100. You need to know that the Minister makes this decision after considering what people said during consultations.

A plan must include important details such as what pathway or pathways will be managed, what the plan aims to achieve, and how it will be done. It must also say how progress will be measured, where the money will come from, and what powers will be used to make it work. The plan will also name the management agency and say what local authorities can do to help.

The plan may include rules for things like keeping records, identifying certain goods, and preventing the spread of organisms. It may also say what treatments or procedures must be done to stop organisms from spreading. You should look at Part 6 to see what powers can be used, and section 6 to see what roads and land are covered.

A plan can provide for compensation if someone loses money because of the plan, but it cannot pay for losses if someone's income from wild organisms is affected. It also cannot pay for losses if someone does not follow the plan. The plan may include rules for audits, inspections, and destroying goods that pose a risk.

Rules in a plan can apply to everyone or just to certain people, places, or goods. They can apply all the time or just at certain times of the year, and they can apply everywhere in New Zealand or just in certain areas. If someone breaks a rule, it can be an offence under section 154N(18).

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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."


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85: Fifth step: satisfaction on contents of plan and requirements, or

"The Minister checks the plan to ensure it follows the rules and is fair and good for New Zealand."

Part 5Pest management
National pathway management plans

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

  1. If the Minister is satisfied as required by section 83(1) and is satisfied that the issues raised in all the consultation undertaken on the proposal have been considered, the Minister may take the fourth step in the making of a plan, which is to approve the preparation of a plan.

  2. If the Minister approves the preparation of a plan, the Minister must apply section 100 to decide which body is to be the management agency.

  3. A plan must specify the following matters:

  4. the pathway or pathways to be managed:
    1. the plan's objectives:
      1. the principal measures to be taken to achieve the objectives:
        1. the means by which the achievement of the plan's objectives will be monitored or measured:
          1. the sources of funding for the implementation of the plan:
            1. the limitations, if any, on how the funds collected from those sources may be used to implement the plan:
              1. the powers in Part 6 to be used to implement the plan:
                1. the rules, if any:
                  1. the management agency:
                    1. the actions that 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 parts of the EEZ to which the plan applies, if it applies to parts, or the fact that it applies to the whole EEZ, if it does:
                        1. the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered by the plan:
                          1. the plan's commencement date and, if there is one, its termination date:
                            1. any matters required by the national policy direction.
                              1. A plan—

                              2. may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan:
                                1. must not provide for the payment of compensation for the following losses:
                                  1. loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
                                    1. loss suffered by a person who fails to comply with the plan.
                                    2. A plan may include rules for all or any of the following purposes:

                                    3. requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records:
                                      1. requiring the identification of specified goods:
                                        1. prohibiting or regulating specified methods that may be used in managing the pathway:
                                          1. prohibiting or regulating activities that may affect measures taken to implement the plan:
                                            1. requiring audits or inspections of specified actions:
                                              1. requiring the occupier of a place to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
                                                1. requiring the owner or person in charge of goods or craft to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
                                                  1. requiring the destruction of goods in circumstances in which the goods pose a risk of spreading organisms that could be spread through the pathway:
                                                    1. prohibiting or regulating specified uses or movement of goods that may promote the spread of organisms through the pathway:
                                                      1. prohibiting or regulating the use or disposal of organic material on the pathway:
                                                        1. prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread of organisms through the pathway.
                                                          1. A rule may—

                                                          2. apply generally or to different classes or descriptions of persons, places, goods, or other things:
                                                            1. apply all the time or at 1 or more specified times of the year:
                                                              1. apply throughout New Zealand or in a specified part or parts of New Zealand, with, if necessary, another rule on the same subject matter applying to another specified part of New Zealand:
                                                                1. specify that a contravention of the rule creates an offence under section 154N(18).
                                                                  Notes
                                                                  • Section 84: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).