28 October 2003 Media Statement
New GM legislation in force as moratorium expires
Amendments strengthening the main legislation covering genetic modification (GM) come into effect tomorrow (Thursday).
"This new legislation, with its strict rules governing the release of genetically modified organisms, will take effect
at midnight, as the moratorium on applications for releases of genetically modified organisms (GMOs) automatically
expires," Environment Minister, Marian Hobbs said.
The minister said the changes to the Hazardous Substances and New Organisms (HSNO) Act 1996 are designed to underpin the
government's overall policy of proceeding with caution with GM while preserving opportunities for different systems of
production.
"That includes keeping our options open for organic agriculture, conventional farming and integrated pest management so
that they can each contribute in their own way to the overall benefit of New Zealand," Marian Hobbs said.
"We put in place the moratorium on applications specifically so that we could strengthen the legislation and improve the
way it worked for new organisms. Now that is done, there is no need for that moratorium to remain.
"We have also ensured that the independent agency responsible for decision making about genetic modification – the
Environmental Risk Management Authority (ERMA) – is well-resourced and has the processes in place to effectively carry
out its role now it is once again able to consider release applications."
Central to the amended act is a new category of conditional release.
"This will allow ERMA to attach controls on a case-by-case basis to any approval to release new organisms," Marian Hobbs
said. "ERMA will be able to specify where and how organisms are used. It will do this on a case-by-case basis because
each organism is different and the circumstances of each release will be different too."
The amended Act also includes enforcement procedures to ensure people using GMOs do not breach any conditions imposed as
part of approval, with significant penalties for anyone who does break the law.
An individual can be fined $500,000. Companies are liable for fines of $10 million, or three times the value of any
commercial gain from the breach, or 10% of the turnover of the company involved (including subsidiaries), whichever is
the greater amount.
A strict liability regime introduced under the Act also allows anyone harmed as a result of a breach of the law to seek
compensation without having to prove the harm was caused by someone else’s negligence.
The minister stressed that the end of the moratorium on release applications does not mean a rash of GM releases.
"The floodgates will not suddenly open. Anyone proposing to release a GMO has to apply to ERMA and go through a rigorous
assessment process, which includes public submissions," Marian Hobbs said. "An approval will only be given if a proposal
meets stringent minimum standards designed to protect health, safety and the environment, and if the benefits of a GMO
outweigh any adverse effects, including the economic effects."
Other work in response to the Royal Commission on Genetic Modification recommendations
The changes to the legislation are just part of the work the government has been putting in place during the moratorium
in its response to the recommendations of the Royal Commission on Genetic Modification.
Toi te Taiao: the Bioethics Council has been set up to advise the government on biotechnological issues that have a
significant cultural, ethical and spiritual dimension.
The HSNO Act has been amended to more appropriately reflect the Treaty of Waitangi partnership. The government is also
encouraging a series of initiatives aimed at establishing better lines of communication between Maori and researchers
working in the field of genetic modification.
Around $7m a year has been going towards research programmes to investigate the environmental and social impacts of GM
and there has been an increase in public funding in support of the organics sector from around $0.8m to $3m a year.
A Biotechnology Strategy setting out a vision and direction for the development of biotechnology in New Zealand was
published in May this year.
Finding out more
The Ministry for the Environment has produced a brochure outlining the changes in the law relating to genetic
modification.
As well, ERMA is holding a national roadshow next month (November 4-21 2003) to explain how the legislation will work in
practice for managing genetic modification in New Zealand.
For copies of MfE brochure contact:
Ministry for the Environment
publications@mfe.govt.nz
For details of the ERMA New Zealand National Roadshow contact:
Tina Suter
ERMA New Zealand
roadshow@ermanz.govt.nz