Legal Decision Paints Dim Future For GM Crops
Legal Decision Paints Dim Future For GM Crops
in NZ
May 12 2008
A ruling by Justice Mallon in the High Court reaffirms that the HSNO Act (under which ERMA operates) does not require testing for negative impacts of GM organisms to be part of any research during field trials.
But the lack of safety research makes it unlikely GM crops will ever be commercialised in New Zealand in the forseeable future.
Under the current HSNO Act ERMA is powerless to require such research as part of a field trial. On the other hand, under the same law ERMA is required to assess such data if it is to ever legalise GE crops.
As GM companies can avoid proper testing the
trials are a scientific 'dead end' with insufficient data to
ever support an application to release these crops in New
Zealand. Having exposed New Zealand in the field trials,
overseas investors may then impose their products on
countries with even poorer regulation.
The decision
confirms at least two disastrous flaws in the HSNO Act; ERMA
is powerless to require such safety testing, and the public
purse is liable if things go unexpectedly wrong.
GE Free NZ (in food and environment) challenged the process of ERMA's approval of GE brassica in our role as a public watchdog and without malice. The decision to uphold ERMA's approval of the trial confirms the concerned public of New Zealand’s worst fears.
"Turning a blind eye to
proper scientific research as part of field trials may be
convenient for the GE companies right now but it is fated to
come back and bite them. Given problems overseas with
similar types of GE crops, the HSNO Act would require ERMA
to block any commercial release down the track, simply
because the applicants were never required to gather the
safety data", says Jon Carapiet from GE-Free NZ (in food and
environment)
GE Free NZ is fearful that the costs of the case will be used as a stick to beat down public-interest watchdogs and silence the public in it’s engagement with the ERMA process.
MADGE went out of existence after a
previous legal challenge. When it comes to costs we are the
David to industry's Goliath. We are at the mercy of ERMA
and the GE companies in hoping they will not try to
crush public involvement so important to democracy and
good governance. In any event the law must be changed to
bring it into line with public expectations and common
sense.
ENDS