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Biosecurity Act 1993

Pest management - Regional pathway management plans

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

You could also call this:

"What to do if a regional plan is out of date and needs to be changed"

If a regional pest management plan or a regional pathway management plan is not reviewed as required by section 100D(3) or 100E, you can apply to the Environment Court. You can do this if you think there is an inconsistency between the national policy direction and the regional plan. The application is made under section 291 of the Resource Management Act 1991.

The Environment Court must hold a public hearing on your application. The court will then decide what to do with your application. It can either dismiss your application or tell the council to modify the plan.

If the court tells the council to modify the plan, the council must do what the court says. This means the council must make the changes to the plan that the court directs. The council has to follow the court's 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=DLM4758103.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishing
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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"

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100G: Minor changes to plans, or

"Small changes to pest management plans can be made without a big review"

Part 5Pest management
Regional pathway management plans

100FApplication to Environment Court if regional plan not reviewed

  1. This section applies if a regional pest management plan or a regional pathway management plan is not reviewed as required by section 100D(3) or 100E.

  2. A person may apply to the Environment Court on the basis that there is an inconsistency between the national policy direction and the regional pest management plan or the regional pathway management plan.

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

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

  5. The court must—

  6. 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.

      1. The council must comply with a direction under subsection (5)(b).

      Notes
      • Section 100F: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
      • Section 100F(3): 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).