GE-Free Northland Victory Against Federated Farmers of NZ
31 October 2017 Media Release
GE-Free Northland
Valuable precautionary GMO provisions in the Northland Regional Policy Statement and our democratic right to be GE-free
have been secured, with Federated Farmers of NZ finally withdrawing two vexatious appeals on the GE/GMO issue and the
jurisdictional issue settled in our favour.
GE-Free Northland, along with appellant Whangarei District Council and other interested parties (including Tai Tokerau
mana whenua and the Soil & Health Association) have successfully defended the right of local authorities to manage the outdoor use of GMOs in
their region, after Federated Farmers sought a ruling back in 2015 that Northland Regional Council had acted outside the
law in taking this approach.
Since comprehensively losing the 2015 Environment Court appeal (which it initiated) on all points of law, Federated
Farmers not only filed an appeal against the Environment Court's decision with the High Court, but also (after losing
that case as well and costs awarded against FFNZ) went on to the Court of Appeal.
"While our community group is delighted that Federated Farmers have finally withdrawn their vexatious appeals against
the Northland Regional Policy Statement, we note that FFNZ waited until just 3 weeks before the Court of Appeal date in
Wellington to finally make the right decision. In our view, FFNZ not only wasted their own members' hard earned money
and resources, but Northland councils' and ratepayers' time and money as well," said Martin Robinson, GE Free Northland
spokesperson.
Federated Farmers had argued that the Environmental Protection Authority (EPA) had sole responsibility for the
regulation of GMOs under the Hazardous Substances and New Organisms (HSNO) Act. FFNZ disputed the right of local
councils to put in place precautionary GMO provisions and the right of local mana whenua to identify Issues of
Significance to them.
The broad suite of interested parties standing behind appellant Whangarei District Council, the robust existing case law
(unequivocal decisions in our favour by both Principal Environment Court Judge Newhook in 2015* and Justice Mary Peters
in the High Court last year), and recent amendments made to the RMA (confirming the High court ruling) led FFNZ to the
view that they "are likely to have materially reduced the prospects of the appeal being prosecuted successfully."
Parliament acknowledged last April that local councils can regulate or ban outdoor use of GMOs under the Resource
Management Act, in keeping with the wishes of farmers and other ratepayers. Our ability to establish GM-free producing
zones under local plans has been shielded by the Resource Legislation Amendment Act 2017,with an exemption introduced
under s360D specifically for GE crops, grasses and trees; preventing any Minister from permitting outdoor use of GMOs in
regions that had elected to remain GMO free or impose controls on the use of GMOS.
"With the withdrawal of Federated Farmers' appeal on the jurisdictional issue and enforceable GE-free zones protected
under the RMA, councils across New Zealand are now free to act on their duty of care to their constituents and the
environment, putting in place a much needed additional tier of local protection against the risks of outdoor use of
GMOs," said Mr. Robinson.
"We urge Federated Farmers to withdraw their other outstanding vexatious appeals against the Whangarei District Council
and Far North District Council excellent collaborative GMO plan changes, the Auckland Unitary Plan, and the Hastings
District Plan in Hawke's Bay," said Zelka Grammer, chairperson GE-Free Northland.
"The right of the regions to create enforceable GE Free Zones, and protect primary producers' access to key markets and
premiums must be protected," said Grammer. "We thank Whangarei District Council for its leadership, acting on its
obligation to both its constituents and to manage to natural resources in a sustainable manner."
Fonterra, Beef & Lamb NZ, Dairy NZ, Zespri, Pure Hawke's Bay, Local Government NZ, various councils, primary producers, and many others
have called for protection against Wellington imposing risky GE experiments or field trials in the regions.
"We welcome the change of government, with all 3 parties (Labour, NZ First and the Green Party) committed to NZ's Zero
Tolerance Policy for GE content in imported seeds, protection of our biosecurity, economy, wider environment, and the
right of the regions to choose to stay GE free," said Martin Robinson.
ENDS