Biosecurity Act 1993

Pest management - Regional pathway management plans

97: Making of plan

You could also call this:

"How a council creates and approves a plan"

When a council makes a plan, they fix their seal to it. You know the plan is made when the council puts their seal on it. The council must make the plan if nobody applies under section 96.

If someone applies under section 96, the council decides if the issue can be separated from the rest of the plan. They then choose what to do next, which depends on the situation. The council might make the plan without the issue, or they might wait for the Environment Court's decision.

The council tells the public when they make the plan and when it starts. They give notice of the plan's commencement date, which is when the council fixes their seal to it. In some cases, the plan might start on different dates, depending on when the council seals each part of 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=DLM316025.


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96: Application to Environment Court about plan, or

"Asking the Environment Court to check a regional plan"


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98: Exemptions from rules, or

"Some rules don't apply in emergencies or if the council says it's okay"

Part 5Pest management
Regional pathway management plans

97Making of plan

  1. A plan is made by the council fixing the council's seal to the plan.

  2. If no person makes an application under section 96, the council must make the plan.

  3. If a person makes an application under section 96, the council must—

  4. decide whether the matter dealt with in the application is severable from the rest of the plan; and
    1. take 1 of the courses of action described in subsection (4).
      1. The courses of action are as follows:

      2. if the matter dealt with in the application is severable from the rest of the plan, the council must make the plan without the matter in it and, after the Environment Court's decision, do the applicable 1 of the following:
        1. if the Environment Court dismisses the application under section 96(8)(a), make the part of the plan that deals with the matter:
          1. if the Environment Court gives a direction under section 96(8)(b), comply with the direction before making the part of the plan that deals with the matter:
          2. if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court dismisses the application under section 96(8)(a), the council must make the plan:
            1. if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court gives a direction under section 96(8)(b), the council must comply with the direction before making the plan.
              1. The council must give public notice of—

              2. the making of the plan; and
                1. the plan's commencement date or dates, as follows:
                  1. the commencement date of a plan made in the circumstances described in subsection (2) or (4)(b) or (c) is the date on which the council fixes the council's seal to the plan:
                    1. the commencement dates of the parts of a plan made in the circumstances described in subsection (4)(a) are, for the part of the plan made first, the date on which the council fixes the council's seal to that part and, for the part of the plan made after the Environment Court's decision, the date on which the council fixes the council's seal to that part.
                    Notes
                    • Section 97: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).