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Biosecurity Act 1993

Pest management - Regional pathway management plans

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

You could also call this:

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

When the national policy direction is approved, amended, or revoked and replaced, you need to know what happens next. The Minister or council checks if a plan is inconsistent with the direction and they must do this within the timing requirements in the direction. They look at the national policy direction as approved, amended, or replaced.

If a plan is inconsistent with the direction, but making changes to the plan would not affect people's rights and obligations much, the Minister or council must take action under section 100G. They must do this within the timing requirements in the direction, if there are any. This action helps fix the inconsistency.

If a plan is inconsistent with the direction and making changes would affect people's rights and obligations significantly, the Minister or council must start a review to fix the inconsistency under section 100D(4). They must start the review within the timing requirements in the direction, if there are any, and follow the rules in section 100D(5) to (9). This review helps make the plan consistent with the direction.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758102.

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100D: Review of plans, or

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

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100F: Application to Environment Court if regional plan not reviewed, or

"What to do if a regional plan is out of date and needs to be changed"

Part 5Pest management
Regional pathway management plans

100EReview of plans after national policy direction approved, amended, or revoked and replaced

  1. This section applies when the national policy direction is—

  2. approved by the Governor-General under section 57:
    1. amended under section 58(1):
      1. revoked and replaced under section 58(3).

        1. In this section, references to the direction mean the national policy direction as approved by the Governor-General, amended, or replaced.

        2. The Minister or council must determine whether a plan is inconsistent with the direction and must do so within the timing requirements in the direction.

        3. If a plan is inconsistent with the direction but the changes to the plan necessary to resolve the inconsistency would not have a significant effect on any person's rights and obligations, the Minister or council must act under section 100G and must do so within the timing requirements in the direction, if there are any.

        4. If the plan is inconsistent with the direction and the changes to the plan necessary to resolve the inconsistency would have a significant effect on any person's rights and obligations,—

        5. the Minister or council must initiate a review to address the inconsistency under section 100D(4) within the timing requirements in the direction, if there are any; and
          1. section 100D(5) to (9) apply.

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