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Biosecurity Act 1993

Pest management - Councils' powers and duties relating to regional plans

100H: Councils' powers and duties

You could also call this:

"Councils' jobs and rules when working on pest and pathway management plans"

When a council is working with a regional pest management plan or a regional pathway management plan, this section applies to you. The council must follow the rules in the Local Government Act 2002 when putting a plan into action.

The council cannot pass on certain jobs to others, such as deciding how to consult with people or making changes to a plan. If two or more councils work together on a plan, they must each approve it.

When councils work together on a plan, they must say in the plan which councils will put it into action. The plan must also say what powers each council has to implement it outside their own area. Each council keeps the power to change or cancel the plan they approved.

You can find a copy of each plan at your local public library, as the council must provide one copy to every library in their area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758106.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingGovernment and voting > Local councils
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100G: Minor changes to plans, or

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

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100I: Compensation, or

"Getting paid back for animals destroyed to stop pests"

Part 5Pest management
Councils' powers and duties relating to regional plans

100HCouncils' powers and duties

  1. This section applies to—

  2. a regional pest management plan:
    1. a regional pathway management plan.

      1. The Local Government Act 2002 applies to the implementation of a plan by a council.

      2. A council must not delegate—

      3. the power to determine the ways in which consultation must be undertaken; or
        1. the power to make, review, amend, or revoke a plan; or
          1. the power to declare a small-scale management programme.

            1. Two or more councils may prepare a plan jointly and, if they do, must each make it.

            2. The following provisions apply to a plan prepared jointly and made by each council:

            3. the councils must state in the plan whether it must be implemented by 1, some, or all of them:
              1. if the plan must be implemented by 1 council, this Act and the plan have effect as if the regions of the councils are a single region with that council as the single council:
                1. if the plan must be implemented by some or all of the councils,—
                  1. the plan must state the extent to which the councils are empowered to implement it outside their own regions; and
                    1. this Act and the plan have effect as stated in the plan:
                    2. each council retains its power to amend or revoke the plan it has made.

                      1. The council must provide 1 copy of each plan made by the council to every public library in its area.

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