Community support for a GE-free New Plymouth

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Media release: Soil & Health Association of NZ 14 March 2018
The Soil & Health Association is encouraging the New Plymouth District Council to adopt precautionary provisions in the New Plymouth District Plan for any genetically engineered (genetically modified) organisms that may be trialled or used commercially.
The Proposed Draft New Plymouth District Plan as currently drafted fails to regulate or make any mention at all of GMOs. It is now open for feedback, and Soil & Health is calling on New Plymouth district residents to make submissions by Friday 16 March at 5 pm.
“We want to ensure that the Council adequately protects the district from the significant adverse effects posed by GMO use by including strong precautionary or prohibitive GMO policies and rules into its District Plan,” says Soil & Health National Council member Marion Thomson.
“We call on the New Plymouth District Council to follow the lead of the other councils around New Zealand that have already adopted precautionary provisions and banned the outdoor release of GMOs via their local policy statements and plans,” says Marion Thomson.
Auckland Council, Far North District Council and Whangarei District Council have all prohibited the outdoor release of GMOs and made field trials a discretionary activity with performance standards regarding liability and the posting of bonds.
GMOs threaten the economic sustainability of a wide range of agricultural activities that benefit from having GE-free status. This includes organic and non-organic primary producers in the New Plymouth District, including dairy, honey, forestry, horticulture and other producers.
“Markets around the world don’t want dairy products, honey and so on that are contaminated with GMOs. There are no benefits to farmers or consumers in planting GE ryegrass for example on pastoral farms,” says Thomson.
“New Zealand has already seen several GE field trials breach the conditions of approval. No matter how carefully conditions are crafted, there inevitably remains a risk that they may be breached by poor management, human error, natural events such as severe storms or even sabotage,” says Thomson.
Current laws are inadequate to properly protect communities from the potential adverse effects of GE. There is no provision under the Hazardous Substances and New Organisms (HSNO) Act for financial liability for GMO contamination resulting from the release of an approved GMO, meaning those people or companies responsible for causing harm may not be held liable.
Once GMOs have been released into the environment, they would be very difficult if not impossible to eradicate. In the case of a food product, the GE-free status of a district would likely be lost permanently, along with the market advantages of that status.
Fortunately, under the RMA, requirements for bonds for remediation and to cover the costs of contamination can be included in district plans if local councils choose to implement them.
Soil & Health’s submission can be viewed at organicnz.org.nz/submissions/submission-draft-district-plan-new-plymouth-district-council. Submissions can be made to enquiries@npdc.govt.nz by Friday 16 March 2018, 5 pm.
ENDS
Media contact
Marion Thomson
027 555 4014

Community Support for a GE free Waikato – submissions needed by Monday 22nd January 2018

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The Soil & Health Association is encouraging the Waikato District Council to adopt precautionary provisions in the Waikato District Plan for any genetically engineered organisms that may be trialled or commercially produced.

The plan as currently drafted fails to regulate, or make any mention at all of GMOs.

“We want to ensure that the Council adequately protects the district from the significant adverse effects posed by GMO use by including strong precautionary GMO policies and rules into its District Plan,” says Soil & Health National Council member Marion Thomson.

“We call on the Waikato District Council to follow the lead of the other councils around New Zealand that have already adopted precautionary provisions and banned the outdoor release of GMOs via their local policy statements and plans,” says Marion Thomson.

“Provisions in the Waikato District Plan should be the same or similar to those in the Auckland Unitary Plan to ensure a consistent approach across Auckland and the Waikato and eliminate cross boundary issues,” says Thomson.

Auckland Council, Far North District Council and Whangarei District Council have all prohibited the outdoor release of GMOs and made field trials a discretionary activity with performance standards regarding liability and the posting of bonds.

GMOs threaten the economic sustainability of a wide range of agricultural activities that benefit from having GE-free status. This includes the many organic operations in the Waikato District, as well as non-organic dairy, forestry, honey, horticulture and other producers.

GE animal trials have been undertaken at AgResearch’s Ruakura research centre for several years, making the potential for GE escape or contamination of ongoing concern to Waikato residents.

“New Zealand has already seen several GE field trials breach the conditions of approval. No matter how carefully conditions are crafted, there inevitably remains a risk that they may be breached by poor management, human error, natural events such as severe storms or even sabotage,” says Thomson.

Current laws are inadequate to properly protect communities from the potential adverse effects of GE. There is no provision under the Hazardous Substances and New Organisms (HSNO) Act for financial liability for GMO contamination resulting from the release of an approved GMO, meaning those people or companies responsible for causing harm may not be held liable.

Once GMOs have been released into the environment, they would be very difficult if not impossible to eradicate. In the case of a food product, the GE-free status of a district would likely be lost permanently, along with the market advantages of that status.

Fortunately, under the RMA, requirements for bonds for remediation and to cover the costs of contamination can be included in district plans if local councils choose to implement them.

The Proposed Draft Waikato District Plan is now open for feedback, and Soil & Health is calling on Waikato residents to express support for precautionary and prohibitive GMO provisions, policies, and rules.

Submissions close on Monday 22nd January at 5pm.

Submission Template on Draft Waikato District Plan

Media contact

Marion Thomson, Soil & Health National Council

027 555 4014

A win for clean, green, GE-free New Zealand

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The Soil & Health Association is celebrating the decision by Federated Farmers to abandon its appeal against the right of councils to control the use of genetically modified organisms (GMOs) in their territories. Federated Farmers filed its latest appeal earlier this year in the Court of Appeal, after its appeals to the Environment Court and High Court had been dismissed.

“We congratulate Federated Farmers on this pragmatic and sensible decision,” said Soil & Health Chair Graham Clarke.

“Both the High Court and Environment Court have ruled that regional councils have jurisdiction under the Resource Management Act (RMA) to regulate the use of GMOs through regional policy statements or plans. The recent RMA amendments further entrench the legal rights of councils to do so. Challenging these decisions would only have cost us, the other parties involved and Federated Farmers themselves a lot of unnecessary time and money.”

Federated Farmers had argued that the Environmental Protection Authority had sole responsibility for the regulation of GMOs under the Hazardous Substances and New Organisms Act (HSNO).

The decision to withdraw its appeal comes after recent amendments were made to the RMA, which confirmed the High Court ruling, leading Federated Farmers to believe that they “are likely to have materially reduced the prospects of the appeal being prosecuted successfully.”

The RMA changes, which passed in April this year via the Resource Legislation Amendment Bill, included a controversial section which allows the Minister for the Environment to bypass parliament and make fundamental changes to the law if it is deemed that council plans duplicate or deal with the same subject matter as central Government laws. This would have allowed the Minister to strip councils of their ability to create GE-free food producing zones.

The National Government at the time needed the Maori Party votes to pass the changes. However, the Maori Party stated in December last year that it would not support changes to the RMA if they extended to allowing the Minister to overrule planning provisions controlling the use of GMOs.

Before the final reading of the Bill, an exemption was introduced under section 360D specifically for GE crops, effectively preventing the minister from permitting GMO crops in regions that had elected to remain GMO free or impose controls on the use of GMOs.

“We are so grateful to Maori Party for their determination to ensure that appropriate clauses in the RMA were included to protect regions from uncontrolled GMO use. Had they not stood firm against the changes, then we might not have had this decision from Federated Farmers to withdraw their appeal,” says Soil & Health National Council member Marion Thomson.

“The RMA amendment further confirms the ability of all local councils to determine GMO policies in their regions. Local communities can now have confidence that their values and concerns about the use of GMOs in their regions can be considered when drafting policy statements and plans.” says Thomson.

The economic sustainability of a wide range of agricultural export activities reliant on GMO-free status is also protected by this ruling. The global non-GMO food market is currently valued at US$250 billion, and trends show this is only going to grow. New Zealand producers benefit from access to this huge non-GMO market.

Soil & Health has found no economic, health or environmental case for GMOs. There are huge uncertainties around the adverse effects of GMOs on natural resources and ecosystems. The risks are large and consequences irreversible. If GMOs were to be released into the environment, they would be very difficult, if not impossible, to eradicate in circumstances where they adversely affected the environment. There is also potential for serious economic loss to regions marketing their products and tourism under New Zealand’s ‘clean green’ brand, if GMO land use were permitted.

Background:

Significant gaps exist in the law around GMOs in New Zealand. In the HSNO Act there are inadequate liability provisions (e.g. ‘polluter pays’) for any unintended or unforseen adverse impacts resulting from the outdoor release of an approved GE crop or animal, meaning those causing harm may not be held liable. There is no mandatory requirement for the EPA to take a precautionary approach to the outdoor use of GMOs.

Due to these gaps in the law, a number of councils around New Zealand have been moving to protect their primary producers and communities by introducing precautionary or prohibitive policies.

The Northland Regional Council is one such council which, after receiving hundreds of submissions from Northland ratepayers, district councils, Northland Conservation Board, iwi authorities, hapū and community groups, chose to adopt a precautionary approach around the outdoor release of GMOs in the proposed Northland Regional Policy Statement.

Federated Farmers of New Zealand lodged an appeal with the Environment Court in 2015 opposing these precautionary GMO provisions in the Northland Regional Policy statement. Principal Environment Court Judge L. Newhook however found that there is jurisdiction under the Resource Management Act for regional councils to make provision for the outdoor use of GMOs through regional policy statements and plans. Since comprehensively losing the appeal (which it initiated) on all points of law, Federated Farmers filed a second appeal against the Environment Court’s decision with the High Court.

Soil & Health, GE Free Northland, Taitokerau mana whenua, Far North District Council and several other groups and individuals joined the appeal in the High Court as section 274 (interested) parties pursuant to the RMA, in support of respondents Northland Regional Council and Whangarei District Council. Soil & Health was represented by Dr. Royden Somerville QC and Robert Makgill.

Dr Somerville argued that Environment Court Judge L. Newhook was correct in his decision that the RMA and HSNO Act hold complementary and not overlapping roles. The two Acts offer different purposes and functional responses to the regulation of GMOs in New Zealand. Thus, regional planning documents can control the use of GMOs as part of promoting sustainable management under the RMA, taking account of regional needs. This argument has been confirmed by High Court Judge Mary Peters.

Contact: Graham Clarke
Chair, Soil & Health Association
027 226 3103

GE free

GE potatoes set to sneak into our food

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The Soil & Health Association has serious concerns about another GE food line being approved in New Zealand – this time for six food lines derived from potatoes.

Food Standards Australia New Zealand (FSANZ), the organisation that controls food approvals for New Zealand and Australia, is calling for submissions on an application to permit GE potatoes for human consumption. The potatoes have been genetically engineered to reduce bruising, to reduce acrylamide formed during cooking, and to protect the potatoes from a type of blight.

Soil & Health is concerned about the growing number of genetically engineered foods approved for sale in New Zealand and the long-term and cumulative health effects of consuming them. While New Zealand does not grow any GE crops or animals, there are many imported GE ingredients in food for sale here.

“Since 2000 FSANZ has approved every single application for GE food lines, and there are now a staggering 71 different GE food lines approved for sale in New Zealand,” says Soil & Health chair Marion Thomson.

“An estimated 70% or more of processed non-organic foods for sale in New Zealand contain genetically engineered ingredients, but consumers have no idea because our labelling laws mean that almost all GE ingredients don’t have to be listed on the packaging.”

“In addition to human food, New Zealand imports large quantities of animal feed that is almost certainly genetically engineered, but again, not labelled as such,” says Marion Thomson.

While a FSANZ safety assessment on the GE potato application has not identified any public health and safety issues, previous FSANZ assessments have been shown to be incomplete, with an absence of biological studies on the impacts of the foods when eaten. Further, assessments have largely been reliant on industry assurances of safety, with no independent science to back up industry assertions.

“One of the main concerns about eating GE foods is that many have been grown with dangerous levels of pesticides,” says Thomson. “Many GE crops are designed to be resistant to pesticides. These crops are designated ‘safe’ for human consumption by FSANZ and the Ministry for Primary Industries, despite not having undergone adequate safety tests independent of the companies developing them.”

The best way to avoid consuming GE foods is to grow, buy and eat certified organic food, says Soil & Health.

The GE potatoes application is open for public submission until 7 July 2017.

GE-FREE ZONES UNDER THREAT FROM RMA AMENDMENT

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The Government seems hell-bent on denying the rights of communities to have GE-free zones, which are under threat from a ‘dictator clause’, says the Soil & Health Association.

“We are continuing to stand by all the communities around New Zealand who, quite rightly, want to have control over what happens with GMOs in their regions,” said Marion Thomson, chair of Soil & Health.

Yesterday Parliament heard the second reading of the Resource Legislation Amendment Bill, which contains proposals that would allow Minister for the Environment Nick Smith to strip councils of their ability to create GE-Free food producing zones.

The Local Government and Environment Select Committee report on the Bill was released last week with the controversial section 360D still in the Bill.

Section 360D – known as ‘the dictator’ or ‘Henry VIII’ clause – would allow the Minister to bypass parliament and make fundamental changes to the law if he deems council plans duplicate or deal with the same subject matter as central Government laws.

Of further concern to the Soil & Health Association is the introduction of a new section – 43A(3A) – that would give the Minister another avenue to strike out local GE-free zones.

This new amendment was introduced at the select committee stage, meaning it wasn’t made available for public consultation.

“This latest move runs firmly against principles of natural justice and the democratic right of the public to have their say on matters that affect them,” said Marion Thomson.

The environment minister is looking to the Maori Party for the votes needed to get these anti-democratic provisions through.

However, during the reading yesterday Maori Party co-leader Marama Fox declared that they support achieving a GE Free New Zealand and that this has always been their policy.

In a letter to the Minister in December last year the Maori Party stated that it does not support changes to the RMA “if they extend to allowing the Minister to overrule a provision in a plan, for example, to have a GMO Free Zone.”

The Far North and Whangarei District Councils as well as Auckland Council have all prohibited the outdoor release of GMOs via their local plans, creating a GE-Free northern peninsula from the Bombay Hills to Cape Reinga.

“These council decisions have been driven by local communities and the mana whenua and iwi authorities in the regions. The Maori Party has made firm promises to stand by communities that want their territories to be GMO Free. We are confident that they will not go back on their word and that they will vote against the 360D and 43A clauses,” says Thomson.

Note to editors:
Nick Smith’s view that the EPA, not local councils, can control the release of GMOs has been found wrong by both the Environment Court and the High Court which have ruled that there is jurisdiction under the Resource Management Act for local councils to control the outdoor use of GMOs via regional policy instruments. The EPA approves, approves with controls, or turns down applications for genetically engineered organisms under the Hazardous Substances and New Organisms Act. Councils can control, restrict or ban GMOs within their territories, under the RMA.

Contact:  Marion Thomson
Chair, Soil & Health Association
027 555 4014

Photo credit: Nick Holmes

GE/GM

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Genetic engineering (GE), also known as genetic modification (GM), is one of the most controversial technologies of recent times. Soil & Health has found no economic, health or environmental benefits from GE. There is great uncertainty around the adverse effects of GMOs (genetically modified organisms) on natural resources, ecosystems and also on human health. The risks are large and consequences could be irreversible. If GMOs were to be released into the environment, they can be very difficult, if not impossible, to eradicate. The GE-free food producer status of an individual, district or region would likely be permanently lost, along with any marketing advantages that status provides.

Current laws are inadequate to hold GMO users liable for any adverse consequences, intended or even if unintended. Therefore the public is likely to have to pay for anything that might go wrong.

The Soil & Health Association is opposed to the use of GE ingredients and GMOs in human and animal food, and is opposed to the outdoor use of any GE crops, animals and other organisms in Aotearoa New Zealand. We believe that we would do better for our farmers, environment and human health by retaining our market advantage of being GE free.

We support:

  • New Zealand remaining a GE-free country.
  • The establishment of GE-free regions, in the event of there being no Aotearoa New Zealand wide GE-free strategy.
  • Mandatory and comprehensive labelling for any products containing GE ingredients (including products from animals fed GE feed).
  • The precautionary principle and the imposition of strict conditions and severe penalties must be placed on any research and trialling of GE.
  • A ban on field-testing and production of GE crops, animals, trees and other organisms in New Zealand.
  • A ban of all GE food and animal feed imports into Aotearoa New Zealand.
  • Strong precautionary approach to new/novel technologies.

                                            Photo credit: Nick Holmes

GE Free Field NZ

Maori Party says no way to Nick Smith’s power grab

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The Soil & Health Association congratulates the Maori Party for standing up for New Zealanders who want to live in a GE-Free community and saying no to Nick Smith’s attempt to ride roughshod over local democracy.
“Maori Party co-leader Marama Fox has told the Environment Minister they will not support his attempts to regulate genetically modified crops nationally through the Environmental Protection Agency (EPA),” says Soil & Health Association spokesperson Karen Summerhays.
“This spells the end for Nick Smith’s attempts to control what is grown in New Zealander’s neighbourhoods and available at their local markets.
“Local Authorities won the right to regulate the planting of genetically modified crops in their territories after years of legal battles over whether they could introduce GMO-Free zones through district plan rules.
“By standing up to Nick Smith, the Maori Party has protected this hard-fought democratic right. The Government doesn’t have the numbers to make this change without their support.
“The Environment Minister insists that genetic modification should be regulated on a national level by the EPA under the Hazardous Substances and New Organisms Act, not under the Resource Management Act. Nick Smith’s view has now been found wrong by both the Environment Court and the High Court.
“Clause 360D of the Resource Legislation Amendment Bill – also known as the ‘dictator clause’ – would have allowed the Government to step in if it deemed council plans duplicated central Government laws.
“Soil & Health would like a sub clause introduced to the Bill prohibiting this power being used in relation to council plans which contain a GMO-free zone.
“Otherwise local food producers – and economies – face being hit in the pocket when they lose the lucrative advantage of being able to market their products “GE-Free” alongside those from the world’s premier GE-Free territories; Tuscany, Provence and Burgundy.
“It’s time for Nick Smith to concede defeat and acknowledge that communities should continue to decide whether GMO crops are grown in their districts,” Karen Summerhays says.

Contact – Soil & Health spokesperson Karen Summerhays on 021 043 7858
GE Free Field NZ

Court ruling highlights the dangers of RMA reforms

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A new court ruling highlights how the Government’s RMA reforms will ride roughshod over public participation in resource management and the power of councils to regulate the use of genetically modified organisms (GMOs) within their territories, says Soil & Health Association chair Marion Thomson.
On Friday the High Court rejected Federated Farmers’ bid to oppose court costs for its failed challenge to members of the public and councils that seek to manage the outdoor use of GMOs under RMA plans. Costs have now been awarded against Federated Farmers for a second time.
“Not only has Federated Farmers now been ordered to pay court costs of more than $10,000 to the Whangarei District Council and the Soil & Health Association, but the High Court found it was not acting in the public interest.
“In fact Justice Peters noted Federated Farmers ‘brought these proceedings because it was in its members’ interest to do so’.
“The National-led Government’s Resource Legislation Amendment Bill will jeopardise local authorities’ ability to manage GMO land use by giving the Environment Minister new powers to override council planning rules.
“These reforms threaten the economic sustainability of a wide range of agricultural export activities reliant on GMO-free status, and would override the ability of councils to respond to community concerns about the planting of GMO crops in their area.
“Friday’s ruling further entrenches the legal rights of councils and communities.
“Environment Minister Nick Smith believes genetic modification should be regulated on a national level by the Environmental Protection Authority under the Hazardous Substances and New Organisms Act (HSNO), not under the Resource Management Act.
“He is no doubt under pressure from Federated Farmers who choose to ignore the fact that while HSNO controls the introduction of new organisms (including GMOs), it is the RMA which oversees the environment new organisms are introduced into.
“Nick Smith is being mischievous in suggesting the management of genetically modified organisms under the RMA will stop access to the development of GMO medicines. He conveniently overlooks the fact that GMO veterinary vaccines are already permitted under the Auckland Unitary Plan.
“The Minister’s claims that GMOs were only ever intended to be regulated under HSNO have now been found to be wrong by both the Environment Court and High Court.
“Nick Smith must protect the ability of councils to act in the best interests of their ratepayers and local producers by amending his Bill to explicitly exclude using these new powers to regulate the release of GMOs.
“There are huge uncertainties around the adverse effects of GMOs on natural resources and ecosystems. The risks are large and consequences irreversible.
“If GMOs were to be released into the environment, they would be very difficult, if not impossible, to eradicate. There is also potential for serious economic loss to regions marketing their products and tourism under New Zealand’s ‘clean green’ brand,” Marion Thomson says.

GE Free from the Bombays to Cape Reinga

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GE Free Northland and the Soil & Health Association are celebrating the Far North and Whangarei District Councils’ decisions to retain precautionary and prohibitive genetically modified organisms (GMOs) provisions in their new District Plans.  This follows Auckland Council’s recent decision to retain similar precautionary and prohibitive GMO provisions in the new Unitary Plan.  The result of which is a GE Free northern peninsula from the Bombay Hills to Cape Reinga.

Whangarei District councilors voted unanimously last week to protect the community, local economy, and environment from the risks of outdoor uses of GMOs.  Their neighbours in the Far North voted a week earlier to introduce similar rules to their District Plan.

“These decisions, and our recent victory in the High Court, represent a huge win for Northland.  Our elected representatives are to be congratulated for their tenacity and commitment in supporting the aspirations of their constituents and protecting our biosecurity,” said Martin Robinson, spokesperson for GE Free Northland.

In June this year, GE Free Northland together with the Soil & Health Association gathered a panel of expert witnesses, mana whenua, and community representatives, to present evidence to the independent commissioners at the councils’ hearings on GMOs.  Both groups offered strong support for the District councils’ proposed precautionary approach to outdoor GE experiments, strict liability provisions, and outright ban on the release of GMOs.

“This is necessary because of serious deficiencies in the Hazardous Substances and New Organisms Act (HSNO Act).  Government agencies have a poor track record in containing outdoor GE experiments, and the law has very limited liability provisions for damage” said Soil & Health Chair Marion Thomson.  “The GMO policies they have now adopted are a sophisticated, collaborative, and fiscally prudent response.”

For more than a decade the Far North District and Whangarei District Councils have worked with the Auckland and Northland Regional Councils to plot a path that works for farmers, the wider community, and the environment.  The councils’ decisions to adopt the independent commissioners’ recommendations help protect the Northland region’s GM Free status, biosecurity, economy, and environment by requiring additional local protections that are not required by the national regulator, the Environmental Protection Authority, under the HSNO Act, with an outright prohibition of release of GMOs.

“Environment Minister Nick Smith has tried to portray local bodies as anti-science and anti-progress.  His claims are untrue, unjustly attempting to denigrate the robust course that our councils have charted,” said GE Free Northland’s Chair Zelka Grammer.

Despite the minister’s statements, the global Non-GMO food market is currently valued at US$250 billion, and trends show this is only going to grow.  It is clear that New Zealand producers benefit from access to this huge non-GMO market.

Soil & Health and GE Free Northland combined represent more than 10,000 members and supporters, including primary producers and consumers, both organic and conventional, who want to avoid genetically modified organisms and products made from them.

CONTACT

Marty Robinson

Spokesperson, GE Free Northland

022 136 9619

Marion Thomson

Chair, Soil & Health Association

027 555 4015

Zelka Linda Grammer

Chair, GE Free Northland

022 309 5039

High Court ruling on GE a win for democracy

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The High Court has today upheld the ruling that regional councils do have the right to decide on the provisions, policies, and rules regarding the use of genetically modified organisms (GMOs) in their region.

 

The Soil & Health Association (Soil & Health) celebrates this landmark decision as a win not only in the fight against genetic engineering (GE) and keeping a clean green Aotearoa, but also for democracy as it allows community values and concerns about GMOs to be taken into account when drafting regional policy instruments.

 

Judge Mary Peters ruled in favour of the Whangarei District Council (WDC), Northland Regional Council (NRC), Soil & Health, GE Free Northland and others, dismissing the appeal on all questions raised by the appellants Federated Farmers of New Zealand (Federated Farmers).

 

“We welcome this landmark ruling,” said Soil & Health chair Marion Thomson. “It confirms the ability of all local councils to determine GE policies in their areas. We support communities around the country who want to keep Aotearoa New Zealand clean, green and GE-free.”

 

The decision comes after Federated Farmers appealed the Environment Court’s ruling in May 2015 that there is jurisdiction under the Resource Management Act (RMA) for local councils to control the use of GMOs via regional policy instruments.

 

Federated Farmers challenged that decision in the High Court in February this year where they argued that local government “has no role” in legislating about GMOs and that the Hazardous Substances and New Organisms Act (HSNO), not the RMA, is the overarching legislation that governs how GMOs are used in New Zealand.

 

Judge Mary Peters however stated in her decision today that the Environment Court “was conscious of the overlap between the RMA and HSNO but it was not persuaded that overlap required a conclusion that GMOs (and other new organisms) are required to be excluded from consideration in the promulgation of a regional policy statement or plan.”

 

Background:

Much of the New Zealand public today is still under the impression that New Zealand is a GE-free nation. The truth however is more complex.

1.     GE in the environment: The moratorium on GE organisms (such as crops and animals) in the environment was lifted in 2003, but since then no applications have been made for commercial release, although there are and have been GE field trials.

2.     GE in food and animal feed: While we do not grow any GE crops or animals, there are many imported GE ingredients in our food. As of July 2012 Food Standards Australia New Zealand has approved 53 applications of 71 different GE food lines into our country, and an estimated 70% or more of processed non-organic foods for sale in New Zealand contain GE ingredients. In addition to human food, New Zealand imports large quantities of animal feed which is almost certainly genetically engineered.

 

Significant gaps exist in the law around GMOs in New Zealand. There is a lack of strict liability for GMO contamination resulting from the release of an approved GMO, and no mandatory requirement for the Environmental Protection Authority to take a precautionary approach to the outdoor use of GMOs. Under the HSNO Act there is no requirement for ‘polluter pays’ to ensure companies causing unintended or unforeseen adverse impacts from GE crops of GE animals are held responsible. Due to these gaps in the law, a number of councils around New Zealand have been moving to protect their primary producers and communities by introducing precautionary or prohibitive policies.

 

The Northland Regional Council is one such council which, after receiving hundreds of submission from Northland ratepayers, district councils, Northland Conservation Board, iwi authorities, hapū and community groups, choose to adopt a precautionary approach around the outdoor release of GMOs in the proposed Northland Regional Policy Statement. The Northland Regional Council also identified GMOs as an issue of significance for Northland tangata whenua and an issue of concern for Northland Communities in their Regional Policy Statement.

 

Federated Farmers of New Zealand lodged an appeal with the Environment Court in 2015 opposing these precautionary GMO provisions in the Northland Regional Policy statement. Principal Environment Court Judge L. Newhook however found that there is jurisdiction under the Resource Management Act for regional councils to make provision for the outdoor use of GMOs through regional policy statements and plans. Since comprehensively losing the appeal (which it initiated) on all points of law, Federated Farmers filed a second appeal against the Environment Court’s decision with the High Court.

 

Soil & Health, GE Free Northland, Taitokerau mana whenua, Far North District Council and several other groups and individuals joined the appeal in the High Court as section 274 (interested) parties pursuant to the RMA, in support of respondents Northland Regional Council and Whangarei District Council. Soil & Health was represented by Dr. Royden Somerville QC and Robert Makgill.

 

Dr Somerville argued that Environment Court Judge L. Newhook was correct in his decision that the RMA and HSNO Act hold complementary and not overlapping roles. The two Acts offer different purposes and functional responses to the regulation of GMOs in New Zealand. Thus, regional planning documents can control the use of GMOs as part of promoting sustainable management under the RMA, taking account of regional needs. This argument has today been confirmed by High Court Judge Mary Peters.

 

Soil & Health and GE Free Northland combined represent more than 10,000 members and supporters, including consumers and producers, both organic and conventional, who want to avoid GE. Soil & Health believes that there is no economic, health or environmental case for GMOs. There are huge uncertainties around the adverse effects of GMOs on natural resources and ecosystems. The risks are large and consequences irreversible. If GMO’s were to be released into the environment, they would be very difficult, if not impossible, to eradicate. There is also potential for serious economic loss to regions marketing their products and tourism under New Zealand’s ‘clean green’ brand, if GMO land use were permitted.

 

CONTACT

Marion Thomson
Chair, Soil & Health Association
027 555 4014