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Biosecurity Act 1993

Pest management - Regional pathway management plans

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

You could also call this:

"Checking if everyone's been heard: is the consultation good enough or does it need more work?"

When a council is making a regional pathway management plan, they need to check if they are satisfied with the consultation they have done. You have to consider if the Ministers, local authorities, and tangata whenua have been consulted about the plan. The council also needs to think about if other people who may be affected by the plan have been consulted enough. You can find more information about what the council needs to do before this step in section 91. The council must look at how the plan will affect people, if they have already been consulted, and what they think about the plan.

If the council is happy with the consultation, they must follow the next steps outlined in section 93. If the council is not satisfied, they can ask for more consultation to be done. The council gets to decide how this consultation will happen, such as talking to people who will be affected or asking for public feedback.

After the council has done the extra consultation, they need to check again if they are satisfied with the consultation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315798.

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91: Second step: satisfaction on requirements, or

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

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

"The council approves a plan and chooses who's in charge of it to manage regional pathways."

Part 5Pest management
Regional pathway management plans

92Third step: satisfaction with consultation or requirement of more consultation

  1. If the council is satisfied of the matters in section 91, the council may take the third step in the making of a plan, which is for the council to consider whether the council 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 the tangata whenua of the area who may be affected by the plan were consulted through iwi authorities and tribal runanga; and
        1. that, if consultation with other persons is appropriate, sufficient consultation has occurred.

          1. In considering whether the council is satisfied as required by subsection (1)(d), the council 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 council is satisfied as required by subsection (1), the council must apply section 93.

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

                3. If the council requires consultation to be undertaken, the council 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 council of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the council:
                    1. public notification of the proposal and the receipt of submissions.

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

                      Notes
                      • Section 92: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).