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<blockquote data-quote="NickWallingford" data-source="post: 13470" data-attributes="member: 44"><p>The concept of a system of arbitration of decisions of a Mgmt Agency does not exist in any other PMP. The only place that arbitration is described is directly relating to the assessment and collection of levies. *Those* decisions, for all of the PMPs including our own, can go to a system of formal arbitration.</p><p></p><p>Someone at the Summit complained that the Mgmt Agency could make decisions, and the bkpr has no chance to appeal the decision, or get it over-turned.</p><p></p><p>That is not true. Section 154 of the <a href="https://www.legislation.govt.nz/act/public/1993/0095/latest/whole.html?search=sw_096be8ed81df9962_154_25_se&p=1#DLM316713" target="_blank">Biosecurity Act</a> describes what happens when the Mgmt Agency issues a compliance order to a bkpr. It gives great detail about the contents, service, compliance - and describes the appeal process through the District Court if the bkpr is unhappy. Before the court action, the Agency is required to formally reconsider the compliance order if asked.</p><p></p><p>Having said all that, I have a lot of sympathy for John's suggestion. But as was said, cost might well be a hurdle. And a need to "vexatious proof" the process so that it isn't open to abuse. </p><p></p><p>The Mgmt Agency is more regularly describing their activities - and linking them directly to the powers used and the responsibilities of both Agency and bkpr. I think that is a great approach, and it should spread better understanding of the PMP generally...</p></blockquote><p></p>
[QUOTE="NickWallingford, post: 13470, member: 44"] The concept of a system of arbitration of decisions of a Mgmt Agency does not exist in any other PMP. The only place that arbitration is described is directly relating to the assessment and collection of levies. *Those* decisions, for all of the PMPs including our own, can go to a system of formal arbitration. Someone at the Summit complained that the Mgmt Agency could make decisions, and the bkpr has no chance to appeal the decision, or get it over-turned. That is not true. Section 154 of the [URL='https://www.legislation.govt.nz/act/public/1993/0095/latest/whole.html?search=sw_096be8ed81df9962_154_25_se&p=1#DLM316713']Biosecurity Act[/URL] describes what happens when the Mgmt Agency issues a compliance order to a bkpr. It gives great detail about the contents, service, compliance - and describes the appeal process through the District Court if the bkpr is unhappy. Before the court action, the Agency is required to formally reconsider the compliance order if asked. Having said all that, I have a lot of sympathy for John's suggestion. But as was said, cost might well be a hurdle. And a need to "vexatious proof" the process so that it isn't open to abuse. The Mgmt Agency is more regularly describing their activities - and linking them directly to the powers used and the responsibilities of both Agency and bkpr. I think that is a great approach, and it should spread better understanding of the PMP generally... [/QUOTE]
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