Biosecurity Council - Policy Statement on the Development of National Pest Management Strategies by Departments

1. Introduction

1.1 This statement sets out the Biosecurity Council’s policy on the development, by Government departments (‘departments’) of national pest management strategies (NPMSs) under Part V of the Biosecurity Act 1993.

1.2 This policy serves as a guide to departments when considering whether to initiate the development of a NPMS.

1.3 This policy will be reviewed in light of any amendment to the Biosecurity Act 1993 or at such other time as is considered necessary by the chair of the Biosecurity Council.

2 Interpretation

2.1 The terms in this policy have the same meaning as those in the Biosecurity Act 1993 unless the context indicates otherwise; and

  • "endemic organism" means an organism that is established throughout, or in any part of, New Zealand (other than in containment) and includes native and introduced organisms;
  • "exotic organism" means an organism that is not established in any part of New Zealand;
  • "established" means perpetuation, for the foreseeable future, of an organism within an area after entry;
  • "region" means a region in respect of which -
    1. A regional council is constituted; or
    2. A territorial authority has, pursuant to section 37N of the Local Government Act 1974, authority to exercise the functions, duties, and powers of a regional council.

3 Background - Ministerial Roles and Responsibilities Statutory Roles and Responsibilities

Statutory roles and responsibilities

3.1 The ‘responsible Minister’ (s.2, 8 & 9) is the Minister who, by authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the Act. Amongst other things, the responsible Minister must provide for the co-ordinated implementation of the Biosecurity Act 1993.

Note: The Minister for Biosecurity is the responsible Minister by virtue of a letter of authorisation from the Prime Minister dated 17 December 1999.

3.2 A Minister or any person may prepare a NPMS proposal (ss.56, 60 & 61).

3.3 Only a Minister whose responsibilities might be adversely affected by the organisms (the ‘affected Minister’) may be requested to notify a NPMS proposal (s.58).

Explanatory comments: There must be a clear relationship between the adverse effects of the organisms (e.g., on agriculture, forestry, fisheries, conservation estate or public health) and the responsibilities of the ‘affected Minister’. Accordingly, it is likely that the ‘affected Minister’ will often not be the Minister for Biosecurity.

The affected Minister may:

  1. Publicly notify, or refuse to notify, the NPMS (ss.57, 59 & 62).
  2. Decide on the need for a board of inquiry and determine the composition of the board of inquiry (s.63)
  3. Recommend the making of Orders in Council making a NPMS or imposing NPMS levies (s.68 & 90). Other possible non-statutory considerations

3.4 The responsible Minister may consider proposing a NPMS as an effective means of ensuring inter-departmental co-ordination. This may occur where:

  1. Organisms of concern affect the responsibilities of a number of departments, but responsibility is not clearly defined; or
  2. The organisms clearly affect the responsibilities of more than one department.

3.5 Ministers may also consider directing a department to co-ordinate the development of a private sector NPMS.

4 Role of the Affected Parties

4.1 Where a NPMS is to be proposed, affected parties should be involved in or consulted about the development of the strategy proposal.

4.2 An affected party may have specified roles and responsibilities under a NPMS.

5 NPMS Development by Departments

5.1 A department may initiate the development of a NPMS only where:

  1. It considers the prerequisites for developing a NPMS under section 57 of the Biosecurity Act 1993 can be met; and
  2. The organisms of concern are deemed to be of national significance by a Minister; and
Explanatory comment: In considering whether to deem organisms ‘nationally significant’ a Minister will have regard to any relevant factor including whether the organisms:
  • have or are likely to have a significant effect on economic well-being
  • have aroused widespread public concern or interest; or
  • are unlikely to be eradicated or effectively managed without significant use of Crown resources; or • affect or are likely to affect any structure, feature, place or area of national significance; or
  • affect or are likely to affect more than one region; or
  • affect or are likely to affect or are relevant to New Zealand’s international obligations.
  1. Private sector beneficiaries of action to manage or eradicate the organisms are not able to undertake the task of developing a NPMS proposal; and
  2. Eradication or management of the organisms through a NPMS is expected to be more cost-effective (e.g., by reducing compensation requirements) than the exercise of Part VI powers without a NPMS.

5.2 A department should develop a NPMS where:

  1. (a) The criteria in 5.1 are met; and one or more of the following apply:
    1. Management options other than Part VII exigency actions (i.e., enforcing ss.52 & 53, small-scale management programmes, regional pest management strategies and the exercise of Part VI powers without a NPMS) are not adequate to enable cost effective eradication or management of the organisms of concern.
    2.  It considers that it is essential to: - establish formal long-term funding arrangements (e.g., by way of s.90 levy); or - secure a commitment from affected parties to act (e.g., in a particular way or at a particular time); or - develop the management approach through the statutory consultation process.
Explanatory note:

The case for a NPMS will also be stronger where one or more of the following applies:

  • It is necessary to provide for compensation other than provided for by s.162A of the Biosecurity Act 1993.
  • Pest management strategy rules are required and it is necessary for the rules to apply throughout New Zealand (or parts of New Zealand).
  • Funding by way of s.90 levy is required (although, this must be weighed against the options of s.135 cost recovery and/or a s.137 levy).
  • It is necessary to impose obligations or costs on the Crown (s.87).
  • The management agency is likely to be a body other than a department.

5.3 A department should only consider developing a NPMS proposal for exotic organisms where:

  1. 5.1 and 5.2 apply; and
  2. There is a reasonable likelihood that an incursion will arise.

5.4 NPMSs will not be able to be developed to cover all potentially harmful exotic organisms. Therefore contingency plans will need to be developed to ensure that appropriate action can be taken to prevent the spread of organisms prior to any decision to pursue longer-term management or eradication.

6 Scope of a NPMS

6.1 A NPMS may be developed for either endemic or exotic organisms, although it is anticipated that in most instances a department will be involved in the development of a NPMS for organisms that are exotic, or very recently detected in New Zealand.

6.2 A NPMS may contain one or a number of pests. Where a number of pests is included, the pests should:

  1. Be of a similar kind or description; or
  2. Require similar actions to be taken; or
  3. Affect a similar range of organisms or other natural resources; or
  4. Cause a similar effect on organisms or other natural resources.

John Hellström Chair,
Biosecurity Council

12 December 2000

Page last updated: 12 June 2008