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New Zealand law explained for everyone

Biosecurity Act 1993

Pest management - Regional pathway management plans

100D: Review of plans

You could also call this:

"Checking and updating biosecurity plans to make sure they're working"

The Minister or council must review a regional pathway management plan if it is going to end in less than 12 months and they want to extend it, or if someone asks them to extend it, or if the plan has not been reviewed in the last 10 years. You can think of a review like a check to see if the plan is working. The Minister or council can also review a plan if they think it is not working or if things have changed since the plan started.

The Minister or council can review the whole plan or just part of it. They must follow certain rules, like those in section 61, 70, 81, or 90, when they do a review. When a review is done, the Minister or council can decide to change the plan, get rid of it, get rid of it and replace it, or leave it the same.

If a plan is being reviewed and it reaches its end date, it will keep going until the Minister or council decides what to do with it. The plan will not automatically end just because it was not reviewed on time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758101.

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100C: Duration of plans, or

"When a regional pathway management plan ends or is cancelled"

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100E: Review of plans after national policy direction approved, amended, or revoked and replaced, or

"Checking plans to make sure they match new national rules"

Part 5Pest management
Regional pathway management plans

100DReview of plans

  1. The Minister or council must initiate a review of a plan as a whole if—

  2. the plan is due to terminate in less than 12 months and the Minister or council proposes to extend the plan's duration; or
    1. the plan is due to terminate in less than 12 months and a person submits a proposal to the Minister or council to extend the plan's duration; or
      1. the plan was last reviewed as a whole more than 10 years previously.

        1. The Minister or council may review the whole or part of a plan if the Minister or council has reason to believe—

        2. that the plan or part is failing to achieve its objectives; or
          1. that relevant circumstances have changed since the plan or part commenced.

            1. The Minister or council must review a plan or a relevant part of a plan if—

            2. circumstances occur that are circumstances in which the national policy direction requires a review to be conducted; or
              1. any other requirement of the national policy direction requires a review to be conducted.

                1. A review is initiated by a proposal made by the Minister or council or any other person.

                2. The proposal—

                3. must state whether the proposal is to amend, revoke, revoke and replace, or leave unchanged the plan or part of the plan; and
                  1. must give reasons for the proposal; and
                    1. must,—
                      1. if the proposal is to amend the plan or part of the plan, set out any proposed amendments in full; or
                        1. if the proposal is to revoke and replace the plan or part of the plan, set out the replacement plan or part; and
                        2. must comply with section 61, 70, 81, or 90 to the extent to which the sections are relevant and reading in any necessary modifications; and
                          1. may propose that a pest or pathway, as appropriate, be added to the plan, whether or not the review is of the whole plan.

                            1. Reviews are conducted under the following sections to the extent to which they are relevant and reading in any necessary modifications:

                            2. sections 59 to 67, for a national pest management plan:
                              1. sections 68 to 78, for a regional pest management plan:
                                1. sections 79 to 87, for a national pathway management plan:
                                  1. sections 88 to 98, for a regional pathway management plan.

                                    1. Following the review, the Minister or council may approve—

                                    2. the amendment of the plan or part of the plan; or
                                      1. the revocation and replacement of the plan or part of the plan; or
                                        1. the revocation of the plan or part of the plan; or
                                          1. the leaving unchanged of the plan or part of the plan.

                                            1. A plan that reaches its termination date during a review that has begun continues in force and its future is determined by the action that the Minister or council approves under subsection (7).

                                            2. A plan does not cease to be in force only because it is not reviewed as required by this section.

                                            Notes
                                            • Section 100D: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).