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Biosecurity Act 1993

Pest management - Regional pathway management plans

96: Application to Environment Court about plan

You could also call this:

"Asking the Environment Court to check a regional plan"

You can apply to the Environment Court about a regional pathway management plan. This is the plan that results from the council's decision under section 95(3). You can apply to the court about any aspect of the plan.

You can also apply if you think the plan does not follow the national policy direction, or if the process for creating the plan was not followed correctly. If the council asked for public feedback on the plan and you made a submission, you can apply to the court. If the council did not ask for public feedback, you can still apply if you were involved in the consultation process or if you will be affected by the plan.

Your application to the court must be made within 15 working days after the council's public notice. You make the application under section 291 of the Resource Management Act 1991. The court will hold a public hearing on your application. The court can either dismiss your application or tell the council to change the plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316023.

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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."

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97: Making of plan, or

"How a council creates and approves a plan"

Part 5Pest management
Regional pathway management plans

96Application to Environment Court about plan

  1. This section applies to the plan resulting from the council's decision under section 95(3).

  2. The following matters may be the subject of an application to the Environment Court:

  3. any aspect of the plan:
    1. whether the plan is inconsistent with the national policy direction:
      1. whether the process requirements for a plan in the national policy direction, if there were any, were complied with.

        1. If consultation on the proposal for the plan was undertaken by way of public notification of the proposal and the receipt of submissions, a person who made a submission on the proposal may make an application to the Environment Court.

        2. If consultation on the proposal was undertaken other than by way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court:

        3. a person who participated in consultation during the preparation of the proposal and whose views were provided or recorded in writing:
          1. a person who participated in consultation on the proposal and whose views were provided or recorded in writing:
            1. a person who is likely to be affected by the plan and did not participate in consultation only because the person was not given an opportunity to participate.

              1. The application must be made within 15 working days after the date of the public notice.

              2. The application is made under section 291 of the Resource Management Act 1991 and regulations made under that Act.

              3. The court must hold a public hearing on the application.

              4. The court must—

              5. dismiss the application; or
                1. direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan.

                  Notes
                  • Section 96: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                  • Section 96(6): 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).