Submission in opposition to clause 105 of the Resource Legislation Amendment Bill 2015

 

14 March 2016

 

The Committee Secretariat

Local Government and Environment Select Committee

Parliament Buildings

Wellington

 

 

Submission in opposition to clause 105 of the Resource Legislation Amendment Bill 2015

 

 

Introduction

 

  1. The Soil & Health Association of New Zealand Inc. (Soil & Health) was incorporated under the Incorporated Societies Act 1908 on 4 December 1942. Soil & Health’s objectives broadly include soil health and the promotion of organic gardening and farming.  It has approximately 3000 members, chiefly composed of organic agriculturalists (incl. farming and horticulture), secondary producers, retailers, restauranteurs, and enthusiasts.  Its age and membership make it both the oldest and largest representative organic organisation in New Zealand.

 

  1. Soil & Health welcomes the opportunity to comment on the Resource Legislation Amendment Bill 2015 (the Bill), which seeks to amend the Resource Management Act 1991 (RMA). This submission concerns clause 105 of the Bill, which proposes to include new ministerial regulation-making powers under section 360D into the RMA.

 

 

  1. Soil & Health opposes proposed section 360D on the grounds that ministerial regulations would override the power of local authorities to control land uses under the RMA, and the participatory and evidentially based decision-making process under the Act, and require the removal of provisions in RMA plans which conflicted with such regulations.

 

 

Detailed submissions

 

  1. Clause 105 of the Bill proposes to insert section 360D, which would give the Minister for the Environment (Minister) the power to issue regulations to prevent, or remove, rules in council planning documents that in his or her opinion duplicate, overlap with, or deal with the same subject matter in other legislation.

 

  1. Section 360D risks ministerial regulations that override planning decisions designed to address particular local needs and conditions. In particular, it would override participatory and evidentially based decisions under the RMA concerning the:

 

  1. objectives, policies and the rules designed to achieve integrated management of resources and land-use:
  2. environmental effects which are appropriate when use and development occurs; and
  3. adverse effects which cannot be appropriately avoided, mitigated or remedied.

 

 

Genetically Modified Organisms

 

  1. Soil & Health is particularly concerned that proposed section 360D would likely be employed by the Minister to overrule RMA planning documents which seek to regulate genetically modified organisms (GMOs) on the basis that they duplicate central government regulation of GMOs under the Hazardous Substances and New Organisms Act 1996 (HSNO).

 

  1. Such an approach would be contrary to Principal Environment Court Judge Newhook’s decision in Federated Farmers of New Zealand Ltd v Northland Regional Council [2015] NZRMA 217.

 

  1. Judge Newhook’s decision makes it clear that HSNO is limited to making decisions about the import and release of new organisms (including GMOs) into New Zealand. The RMA, on the other hand, is concerned with planning for the integrated management of resources and land-use in light of unique regional/district needs and conditions.

 

  1. Accordingly, Judge Newhook states at paragraphs [48] to [49] of his decision that:

 

[48]  … I find that there is nothing present in these pieces of legislation to prevent the establishment of objectives, policies and methods to achieve integrated management of natural and physical resources in the broad terms directed by the RMA.

 

[49]  I consider that there is a readily identifiable policy reason for that in these pieces of legislation, read together. Once having been approved for import and release into New Zealand under HSNO, regional authorities can provide for use and protection of them together with other resources in a fully integrated fashion, taking account of regional needs for spatial management that might differ around the country for many reasons, not the least of which might include climatic conditions, temperatures, soils, and other factors that might drive differing rates of growth of new organisms and/or of other organisms, as just a few of perhaps many examples. I agree with the opposition parties that the RMA and HSNO offer significantly different functional approaches to the regulation of GMOs.

 

  1. Soil & Health acknowledge that Judge Newhook’s decision was appealed by Federated Farmers. The appeal was heard in early February of this year, and it is anticipated that a decision will be available for the Select Committee at the time public submissions on the Bill are to be heard.

 

  1. Soil & Health does not consider Federated Farmers was able to raise any points of law in support of its appeal, and fully expects that the High Court will uphold the Environment Court’s decision and dismiss the appeal.

 


Conclusion

 

  1. The Soil & Health Association strongly opposes the proposed insertion of section 360D into the RMA on the grounds that it will enable the Minister to override regional and district plans that have been implemented in order to achieve integrated management of local resources and land uses.

 

  1. It is clear that the Minister could use section 360D to pursue the incumbent National Government’s policy of limiting GMO decision making to central government bodies (i.e. the Environmental Protection Agency).

 

  1. However, the use of ministerial a regulatory power to override RMA plans concerning the use of GMOs would be highly inappropriate in light of the Environment Court’s ruling that the RMA is the only statutory instrument through which GMO use can be managed so as to address the unique needs and conditions to different regions and districts.

 

 

 

Yours sincerely

 

Name: Marion Thomson

Position: Co Chair

 

The Soil & Health Association

PO Box 340002

Birkenhead

Auckland 0746

Phone: 06 8775534

Mobile: 0275554014

Email: advocacy@organicnz.org.nz

Website: www.organicnz.org.nz

 

Legal Team

GE: it’s our right to decide

Communities should have the right to decide whether or not genetically modified organisms (GMOs) are released or field-trialled in their regions and, if so, whether any conditions should be placed on them, say the Soil & Health Association and GE Free Northland.

The two organisations again joined forces with Taitokerau mana whenua and others in court this week, responding to another case on the GMO issue brought by Federated Farmers, this time to the High Court in Whangarei. The judge’s decision is expected within a month.

“New Zealand has already seen inadequately contained GE field trials, in breach of the conditions of approval,” said Zelka Grammer, GE Free Northland chairperson. “We stand in support of the member councils of the Northland/Auckland Inter Council Working Party on GMOs, who are acting responsibly on their duty of care to the environment and constituents.”

“Federated Farmers claims to represent farmers, but many primary producers – organic and non-organic – are selling to high-value national and international markets that have zero tolerance for GE contamination,” said Marion Thomson, co-chair of Soil & Health.

Federated Farmers appealed the Environment Court decision in May 2015 that regional councils have the power under the Resource Management Act (RMA) to control the use of GMOs via regional planning instruments.

The Environment Court decision came about after Federated Farmers opposed Northland Regional Council’s proposed Regional Policy Statement, which included provisions relating to the use of GMOs in the region, and specifically included a policy requiring that a precautionary approach be taken to the introduction of GMOs.

Federated Farmers’ lawyer Richard Gardner argued in the High Court that central government passed the Hazardous Substances and New Organisms Act (HSNO) Act specifically for the purpose of controlling GMOs, and that parliament could not have intended for councils to duplicate that role under the RMA.

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

Dr Somerville argued that Environment Court Judge 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.

The HSNO Act has a more confined role of regulating the granting (by the Environmental Protection Authority – EPA) of approvals to import, develop, field test or release new organisms as a ‘one-off’ regulatory transaction. The regulatory functions of the EPA under the HSNO Act do not allow for the provision of a regional approach to GMOs. That can only be dealt with under the RMA by regional councils and unitary authorities through policy statements and plans.

MEDIA CONTACTS:

Marion Thomson, co-chair, Soil & Health, 027 555 4014

Zelka Linda Grammer, chairperson, GE Free Northland, 022 309 5039

Project Gro 2015 – COMMUNITY GARDEN – OPUNAKE HIGH SCHOOL

Thanks to the generous donations of Soil & Health members and supporters, the Project Gro fund has helped organic gardens in schools and communities around New Zealand.

Our project is based in Opunake, Taranaki. Project Gro funds have meant we have been able to reinvigorate the community garden on Opunake High School land that was established about five years ago, but had been in need of some attention with many of the workers (volunteer gardeners) having left the district to pursue employment opportunities.

I teach at the high school and have utilised the gardens as a project for school students in my Environmental Fitness whole-day course once every fortnight. With Project Gro funds we have purchased seeds, seedlings, rock dust, fertiliser and tools. We currently have beds brimming with garlic, brassicas, peas, beans and lettuce.

In the near future we will look at sustainability action projects within the school and community that students can work on for Education for Sustainability credits. Project Gro funds will assist here to get action underway.

Assistance has also been given to the Opunake High School garden, which is also looking the best it has for quite a while.

Peter Clement – Teacher

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Project Gro 2015 – TERRACE END PLAYCENTRE – PALMERSTON NORTH

Below are some photos of our Tamariki (children) and Larina planting our new fruit trees and some peas.

We already had a Lemon tree but through Project Gro we have since been able to purchase a dual Apple tree, Grape and Passion Fruit vines, Guava, Loquat and Manderin tree which we all look forward to harvesting. We also have a new raised bed!

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Project Gro 2015 – TEN ORGANIC FOOD GARDENS – TARANAKI

In the past few years we have been working with whanau in Taranaki to establish Maara Kai at schools, Kohanga reo, marae and community gardens. Working closely with Hive Taranaki a local education provider for sustainability taught us that gardens are only as sustainable as the people working in them. The need for a mentoring service has been determined from previous experience in the region and observation that one of the main reason food gardens are not successful is because of the lack of ongoing support given to the gardeners or group once the garden has been established. It became apparent that gardens require mentoring and ongoing support to sustain themselves.

On behalf of the Te Whenua Tomuri trust we would submitted a proposal to provide a mentoring programme to assist ten organic food gardens in the Taranaki region.

The Maara Kai mentor worked with ten gardens to provide education on organic food production, provide knowledge and technical support to the gardeners and their climatic conditions, provide access to a national grower’s network, provide access to a regional seedbank and provide an online resources and information community to share success stories and increase the knowledge base.

The gardens are located in different parts of the region that provides a diverse range of soil and climatic differences and a diverse range of community. The mentoring project will provide information, education and support to encourage successful Maara Kai in the region of Taranaki. Healthy gardens Healthy people.

Who are we? Te Whenua Tomuri Charitable trust is based in Taranaki established for the purpose to educate and train people towards a more sustainable lifestyle. In particular to inspire people to take more active role in “Kaitiakitanga” or guardianship of our natural resources and practice sustainable techniques. Encouraging and mentoring people to practice organic gardening is a key objective for the trust.

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Students of Manukorihi Intermediate were taught about the healing qualities of Native plants by learning Rongoa Maori. Students got their hands dirty by entering the bush to pick the Rongoa and prepare the plant material ready for medicine making. With patience and collective energies tutor Pounamu Skelton (Ngati Te Whiti) taught the students how to make healing ointment that will treat skin rashes, bites and eczema.
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Creating a Maara Kai is a great place for energetics boys to do some exercise and talk amongst themselves. Together we made a thriving Maara that grew healthy organic vegetables and some tasty strawberries in the Eltham Community garden. The boys relished in the hands on learning activities. We celebrated by picking the fresh produce and making savoury muffins to share with their Whanau.
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During a Puanga celebration 100 students made bird feeders in the shapes of stars. During the winter months there is less food around for our birds so the kids got busy and made bird feeders. they were able to take them home and enjoy the excitement from the birds as they devoured the bird seed.[/span3][/columns]

Maari Kai mentor Pounamu Skelton from Te Whenua Tomuri Trust

Project Gro 2015 – ORMISTON PRIMARY SCHOOL

We used the Project Gro funds to put in raised beds and get our Community Garden off the ground.

Here is a photo of the project and we also have a video of the learners building it.

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Project Gro 2015 – BANK STREET COMMUNITY GARDEN, WHANGAREI

Soil & Health’s Project Gro funding enabled us to hook up a rainwater collection system to water the garden. We have turned a derelict block into a functioning garden, supplying food for us as well as for insects and the odd pukeko who likes to spread our nicely piled up compost around the garden.

We have working examples of different types of composts, companion planting and raised beds. We wanted a place for people to sit and rest and enjoy and see that gardening doesn’t have to cost lots of money. People now respect the place and we’ve had no incidents of damage or vandalism, just the odd beer bottle left lying around. Good to know that people are enjoying the place!

Monique Portegys – Manager, Community Business and Environment Centre at Bank Street Community Garden

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project gro community garden rangiora

Project Gro 2015 – ST JOSEPH’S CATHOLIC SCHOOL IN RANGIORA

Our project was to erect six raised-bed planter boxes in the school grounds.

Students had shown a keen interest in gardening and had a vegetable plot for several years in the backyard of the presbytery next door to the school. This worked well but was not ideal; it was difficult to supervise groups of students and it was inaccessible to other students who were not directly involved. The parish priest at the time, Father Dan Doyle, was wonderful and supported the initiative fully, bringing the gardeners refreshments, inquiring about their progress, and watering the gardens over the holidays. Students grew their produce from seed and harvested seed at the end of the season for the following year. The Southland Building Society also donated seeds each year. The produce was shared amongst various groups, students, parishioners and school families.

With the help of the Soil & Health’s Project Gro funding we purchased the wood to build planter boxes, which were made by a group of school parents. Bennetts Sawmill provided the macrocarpa at a very competitive price and Rangiora Landscape and Supplies donated the soil.

Each class was allocated their own planter box and decided what they wanted to plant. There wasn’t much planning; we just wanted to get the students interested and involved in all stages of the process and to have crops that matured quickly and to include some that could be picked and eaten directly from the garden.

A roster was made for the Christmas holidays and a few dedicated families ensured the beds were regularly watered. The gardens absolutely flourished and are still yielding much produce. We have grown beans, broccoli, cabbage, cauliflower, silverbeet, lettuce, potatoes, tomatoes, radishes, beetroot, cucumbers and capsicums. Marigolds were placed in some beds to ward off bugs, and no sprays or insecticides have been used. Students regularly visit the gardens with their class or during breaks and are encouraged to pick any ripe vegetables. Produce has been shared amongst students and staff and school families are welcome to help themselves too.

The next step is to look more closely at planting for a purpose, selecting plants that are suited to the growing environment, companion planting, natural ways to control pests, irrigation, ways to increase yield and investigate how to make the best use of the produce (e.g. donate to the parish food basket for families suffering hardship, do some preserving for the school fair etc.) It would also be great to be part of a seed exchange programme. Hopefully some of these ideas will be taken up by classes wanting to develop further this great kinaesthetic learning opportunity.

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Project Gro 2015 – DELTA COMMUNITY TRUST

Thank you for your 2014 grant of $450, plus subscription to your magazine.

This has enabled the construction of 4 transportable compost bins. As you can see from the photo these are in active use in our garden and have contributed to its success over the last year, and will continue to do so into the future.

This garden enables the teaching of gardening skills to 15+ low income and disadvantaged individuals, as well as supplying our food bank and low cost community meal with 30+ apple crates of produce annually.

Thank you for making this work possible.

Yours Sincerely,

Ian Burn – Administration Services Co-ordinator

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Cows Grazing

Joining forces to clean up food and farming

The urgency of what’s happening to our food supply has motivated two key organic organisations to join forces. To counter industrial-style factory farming and food production, which is causing environmental degradation and ill health, Soil & Health and BioGro are working together to offer clean, green organic solutions.

The Soil & Health Association (publisher of OrganicNZ magazine)1 and BioGro Society (owner of the BioGro organic certification company)2 are discussing a merger, following the approval by both memberships in July 2015 to explore a variety of options. Both organisations are well established in their own right, and are taking the opportunity to join their expertise and resources and work together to enliven the organic sector.

“New Zealand needs live up to its clean, green image. We urgently need to shift towards high-value, safe, sustainable, GE-free organic farming, for the sake of our health, economy and environment,” said Marion Thomson, co-chair of Soil & Health.

“Organic food and farming can play a major role in countering rising health problems like cancer, allergies, diabetes and obesity,” Ms Thomson said.

“There is a big future for organics in New Zealand, and a strengthened and unified organic sector will highlight our successes and take a leadership role in sharing the solutions to current problems,” says Gaz Ingram, chair of BioGro Society.

“With changing weather patterns, we need robust and sustainable ways of producing food and fibre,” Mr Ingram said.

As consumers increasingly demand clean, safe, GE-free, organic, ethical food and other products, there is a growing need for a strong, unified organic sector that can represent and advocate for consumers and producers alike.

The joint initiative is an exciting opportunity to combine forces and unite the two organisations, whose values and goals are very closely aligned.

A working party which includes members from Soil & Health’s National Council and BioGro Society’s board is developing a strategic direction that will see a refreshed and united organisation that will capture the strengths, skills and resources of both organisations. A plan will go out to all members around March 2016. Members will vote at the AGMs of both organisations in July 2016.

NOTES
1.    The Soil & Health Association is the largest membership organisation supporting organic food and farming in New Zealand. In 2016 it celebrates its 75th anniversary. Soil & Health was founded in 1941 as the Humic Compost Club by New Zealanders who were concerned about degraded soils, increasing refined foods, and the links of both of these with declining nutrition.
It promotes sustainable agricultural practices and principles of good health based on sound nutrition and the motto ‘Healthy soil – healthy food – healthy people’.
www.organicnz.org.nz

2.    The BioGro Society was formed in 1983 by Soil & Health, the Biodynamic Association and the Henry Doubleday Research Association, who saw the need for a credible and internationally respected organic standard and certification process, in order to safeguard the interests of producers and consumers.
The BioGro company (owned by the BioGro Society) is the premier organic certification agency in New Zealand. It certifies and accredits over 600 producers in New Zealand and the Pacific, is accredited to IFOAM (International Federation of Organic Agriculture Movements) and has an excellent reputation with domestic and export markets.
www.biogro.co.nz