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Biosecurity Act 1993

Pest management - Funding from rates

100W: Exercise of powers under programme

You could also call this:

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

When a small-scale management programme is put in place, it can only use the powers listed in the public notice from Part 6. You need to know that an authorised person can use a power from Part 6 to implement a programme if they are appointed for the programme, Part 6 gives them the power, and the public notice says they can use that power. The power they use must be specified in the public notice.

If work is going to be done on a property to implement the programme, the person who lives or works there must get a notice. This notice must include the details from the public notice and say what work will be done. You will get this notice at least 5 working days before the work starts.

However, if the regional council thinks an unwanted organism might spread before 5 working days are up, they do not have to give you this notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758127.

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

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

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100X: Purpose of Part 5A, or

"Working together to prepare for and fix biosecurity problems"

Part 5Pest management
Funding from rates

100WExercise of powers under programme

  1. A small-scale management programme must be implemented using only the powers in Part 6 specified in the public notice.

  2. An authorised person may exercise a power in Part 6 to implement a programme only if—

  3. the authorised person is appointed for the purposes of the programme; and
    1. Part 6 gives the power to an authorised person; and
      1. the public notice specifies the power as one to be used to implement the programme.

        1. An occupier of a place on which work is to be done to implement the programme must receive a notice as follows:

        2. the notice must incorporate the details in the public notice:
          1. the notice must specify the work to be done:
            1. the notice must be received not less than 5 working days before the work is due to start.

              1. Subsection (3) does not apply if the regional council is satisfied that there are reasonable grounds to believe that the unwanted organism may spread beyond the place before the end of 5 working days.

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