Biosecurity Act 1993

Pest management - Regional pathway management plans

89: Relationship of rules with law

You could also call this:

"How rules work together with other laws"

When you follow the rules for regional pathway management plans, you need to know how they work with other laws. If a regulation and a rule do not agree, the regulation is more important. You must follow the regulation.

If a rule in a national pest management plan and another rule do not agree, the rule in the national pest management plan is more important. You must follow that rule. This also applies to rules in national pathway management plans.

If a local authority has a bylaw and a rule that do not agree, the rule is more important in that area. You must follow the rule. If a rule says the Crown must do something or pay for something, the Crown must do it or pay for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315793.


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88: Definitions for sections 89 to 98, or

"What special words mean in sections 89 to 98 of the Biosecurity Act"


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90: First step: plan initiated by proposal, or

"Creating a plan starts with a proposal that outlines what the plan is, what it wants to achieve, and how it will work."

Part 5Pest management
Regional pathway management plans

89Relationship of rules with law

  1. To the extent to which a regulation made under this or any other Act is inconsistent with a rule, the regulation prevails.

  2. To the extent to which a rule in a national pest management plan is inconsistent with a rule, the rule in the national pest management plan prevails.

  3. To the extent to which a rule in a national pathway management plan is inconsistent with a rule, the rule in the national pathway management plan prevails.

  4. To the extent to which a bylaw of a local authority is inconsistent with a rule applying to the same locality, the rule prevails.

  5. If a rule imposes obligations and costs on the Crown, the Crown must comply with the obligations and meet the costs.

Notes
  • Section 89: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).