Biosecurity Act 1993

Pest management - Funding from rates

100V: Regional council may declare small-scale management programme

You could also call this:

"Councils can make a plan to stop small pest problems from getting bigger"

A regional council can create a plan to deal with a small problem caused by an unwanted organism. You might wonder what an unwanted organism is - it's something like a pest that can harm the environment. The plan must include ways to get rid of the organism and how to compensate people who might be affected by the plan.

The council can only create this plan if they think the organism could cause big problems if it's not controlled, and if they think they can get rid of it using small-scale measures within three years. The council also needs to make sure the plan follows the national policy direction and doesn't cost too much.

When the council creates the plan, they must tell the public about it in a way that reaches the people who will be affected. The public notice must say what the unwanted organism is, what the plan hopes to achieve, and what powers the council will use to implement the plan, including those found in Part 6. The plan will stop being in effect if the council says it's not working, if the organism has been eradicated or controlled, or if five years have passed since the plan was created.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758126.


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100U: National pest management plan or national pathway management plan, or

"Plans to stop pests and diseases from spreading in New Zealand"


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100W: Exercise of powers under programme, or

"Using special powers to control pests and diseases under a management programme"

Part 5Pest management
Funding from rates

100VRegional council may declare small-scale management programme

  1. A regional council may declare a small-scale management programme consisting of—

  2. small-scale measures to eradicate or control an unwanted organism; and
    1. provisions for compensation for losses caused by the programme.
      1. The council may declare the programme if satisfied that—

      2. an unwanted organism present in the region could cause serious adverse and unintended effects unless early action is taken to control it; and
        1. the organism can be eradicated or controlled effectively by small-scale measures within 3 years of the measures starting, because—
          1. its distribution is limited; and
            1. technical means to control it are available; and
            2. the programme is not inconsistent with the national policy direction; and
              1. the process requirements in the national policy direction for declaring the programme, if there were any, were complied with; and
                1. the taking of the measures and, if necessary, payment of compensation is likely to cost less than an amount prescribed for the purposes of this section by the Governor-General by Order in Council; and
                  1. the taking of the measures is unlikely to result in significant monetary loss to any person, other than a person who has contributed to the presence or spread of the organism by failing to comply with biosecurity law.
                    1. The council may—

                    2. include in the programme provision for a person other than the council to take steps to bring an organism under control; and
                      1. meet all or some of the costs to the person of taking the steps.
                        1. The council declares the programme by giving public notice in a manner appropriate to the distribution of the organism and the persons likely to be affected by the programme.

                        2. The public notice must specify—

                        3. the unwanted organism that is the subject of the programme; and
                          1. the objectives of the programme; and
                            1. the powers to be exercised under Part 6 to implement the programme.
                              1. A programme ceases to have effect on the occurrence of the earliest of the following:

                              2. the regional council declares by public notice that the programme is failing to control the organism:
                                1. the regional council declares by public notice that the organism has been eradicated or controlled:
                                  1. 5 years have passed after the declaration of the programme.
                                    Notes
                                    • Section 100V: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).