Biosecurity Act 1993

Pest management - Regional pathway management plans

94: Fifth step: satisfaction on contents of plan and requirements

You could also call this:

"The council checks if their plan is good and fair before moving on to the next step."

When a council is making a plan, you need to check if they have followed the rules in section 93. If they have, the council can take the next step and consider a few things about the plan. They must check if the plan is consistent with other rules and plans, like the Resource Management Act 1991.

The council must also think about whether the good things about the plan outweigh the bad things, and if the people who have to pay for the plan will also get benefits from it. They have to consider if there will be enough money to make the plan work for at least 5 years. The council must make sure each rule in the plan will help achieve its goals and will not unfairly affect individuals.

The council has to be satisfied with all these things before they can move on with the plan. You can look at section 93 to see what the council has to do before this step. The council's plan must also follow other laws and rules, like the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316011.


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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."


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95: Sixth step: decision on plan, or

"The council decides on a regional plan and explains their decision in a report."

Part 5Pest management
Regional pathway management plans

94Fifth step: satisfaction on contents of plan and requirements

  1. If the council is satisfied that section 93 has been complied with, the council may take the fifth step in the making of a plan, which is for the council to consider whether the council is satisfied, in relation to the plan prepared under section 93,—

  2. that the plan is not inconsistent with—
    1. the national policy direction; or
      1. any other pathway management plan or pest management plan; or
        1. a regional policy statement or regional plan prepared under the Resource Management Act 1991; or
          1. any regulations; and
          2. that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
            1. that, for each subject of the plan, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
              1. will accrue, as a group, benefits outweighing the costs; or
                1. contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
                2. that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
                  1. that each rule—
                    1. will assist in achieving the plan's objectives; and
                      1. will not trespass unduly on the rights of individuals.
                      Notes
                      • Section 94: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                      • Section 94(a)(iii): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).