Biosecurity Act 1993

Pest management - Regional pathway management plans

90: First step: plan initiated by proposal

You could also call this:

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

When a plan is being made, it starts with a proposal. You can make a proposal or the council can make one. The proposal must include some important information. This information includes who is making the proposal and what the proposal is about.

The proposal must also talk about the risks and problems with the pathway, and why a plan is needed. It must say what the plan wants to achieve and how it will achieve it. You must also think about the good and bad things that might happen if the plan is put in place.

The proposal needs to consider how the plan will affect people, the environment, and the economy. It must also think about how the plan will be paid for and who will be in charge of it. If the plan will affect other plans, you must say how they will work together.

You must explain each rule in the plan and why it is needed. You must also say how the plan will be monitored and what actions will be taken to make it work. The proposal must include information on how costs will be paid and how any money made from the plan will be used.

The plan must also say how long it will last and what has been done to consult with people about it. You must follow the rules set out in the national policy direction when making the proposal. If there are any special requirements, you must include them in the proposal, such as how the plan will affect Māori culture and traditions, or how it will affect the marketing of New Zealand products overseas, as outlined in section 100L and section 100N(1).

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315795.

Topics:

Environment and resources > ConservationEnvironment and resources > Farming and fishingImmigration and citizenship > Border control

89: Relationship of rules with law, or

"How rules work together with other laws"

91: Second step: satisfaction on requirements, or

"The council checks the plan is good and fair for everyone and the environment."

Part 5Pest management
Regional pathway management plans

90First step: plan initiated by proposal

The first step in the making of a plan is a proposal made by—
the council; or
a person who submits the proposal to the council.

The proposal must set out the following matters:
the name of the person making the proposal:
the subject of the proposal, which means the pathway or pathways to which the proposal applies:
for each subject,—
1. a description of the actual or potential risks associated with it:
2. the reasons for proposing a plan:
3. the objectives that the plan would have:
4. the principal measures that would be in the plan to achieve the objectives:
5. 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:
6. an analysis of the benefits and costs of the plan:
7. the extent to which any persons, or persons of a class or description, are likely to benefit from the plan:
8. 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:
9. the rationale for the proposed allocation of costs:
10. 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):
11. 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:
the effects 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:
2. the marketing overseas of New Zealand products:
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:
the powers in Part 6 that it is proposed to use to implement the plan:
each proposed rule and an explanation of its purpose:
the rules whose contravention is proposed to be an offence under this Act:
the management agency:
the means by which it is proposed to monitor or measure the achievement of the plan's objectives:
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:
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:
information on the disposal of the proceeds of any receipts arising in the course of implementing the plan:
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:
the anticipated costs of implementing the plan:
how it is proposed that the costs be funded:
the period for which it is proposed the plan be in force:
the consultation, if any, that has occurred on the proposal and the outcome of it:
any matter that the national policy direction requires be specified in a plan:
the steps that have been taken to comply with the process requirements in the national policy direction, if there were any.

Notes

Section 90: replaced, on 18 September 2012, by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).