Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


High Court Prevents GM Developers Bypassing GM Laws

High Court Prevents GM Developers Bypassing GM Laws

Media Statement, May 22 2014

The High Court has quashed a decision by the Environmental Protection Authority (EPA) that would have allowed developers of genetically modified crops to bypass New Zealand’s GM laws.

The Court found the EPA misinterpreted the law when it decided that GMOs from two new breeding techniques could go into New Zealand fields without any formal consultation or assessment of the impacts. The EPA was also criticised for failing to act cautiously in the face of uncertainty.

This was not a routine approval for a minor field trial. This was the EPA putting new methods for making GMOs beyond the law without having properly understood that law or properly investigating the consequences.

The decision placed New Zealand at risk of losing overnight its status as a GM Free food producer without a public process to assess what would be lost.

The Council believes such failures raise serious questions about the EPA’s reliability as a guardian of the environment.

The case arose from an EPA decision last April that two new techniques for plant breeding – Zinc Finger Nuclease (ZFN-1) and Transcription Activator-Like Effectors (TALEs) – did not produce GMOs under New Zealand law.

Certain traditional plant breeding techniques are excluded from the GM laws and the EPA decision effectively added to the exemption list. The Sustainability Council appealed that decision and its barristers, Dr Matthew Palmer and Felix Geiringer, told the Court that only the Cabinet or Parliament can decide which techniques are exempt. The Council also stated that the EPA had misinterpreted the law and failed to exercise proper caution – points that the Court judgment has supported.

The ruling is good news for food exporters supplying high value markets such as Europe that will generally not tolerate any detectable level of GM content.

The EU has yet to set regulations specifically for ZFN-1 and other new techniques. If ZFN-1 crops were grown in New Zealand and contaminated exports, that production could wind up being rejected if Europe’s GM laws end up covering the new techniques.

The records of the EPA’s decision-making committee make no mention of these market factors. Yet economic effects are part of the overall outcomes the EPA is responsible for considering and this is one reason it should definitely have applied caution in its decision-making.

The EPA thoroughly misjudged the decision and needs to explain how that happened and how it plans to fix the problems.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Environment And Conservation: Changes To Our Oceans Pose Serious Concerns

New Zealand’s oceans, coasts, and marine wildlife are under growing pressure, according to the first national report from the Ministry for the Environment and Statistics New Zealand about the marine environment. More>>


Police Authority: Use Of Taser Was Disproportionate And Unjustified

The Independent Police Conduct Authority has found that an officer’s second use of a Taser on a mentally unwell Hokitika man was disproportionate and unjustified. More>>


Gordon Campbell: On Holidays, Hekia Parata And Badlands

Hekia Parata, adieu. Reportedly, she’s been ‘passionate’ about education. She has “bravely’ led the charge on the government’s education reforms. In the past week , many of the postscripts to Hekia Parata’s career as Education Minister have sounded like a schoolteacher desperately trying to find some reason why a D student can be marked up to C minus. More>>


Minister of Finance: Plan Shows $100 Billion Infrastructure Projects

Finance Minister Bill English has today launched the Government’s Ten Year Capital Intentions Plan (CIP) which shows a pipeline of $100.9 billion worth of infrastructure projects over the next decade. More>>


Werewolf: Safe Landings Gordon Campbell on the safety challenge to the Wellington runway extension.

The safety-related legal challenge revolves around the size of the 90 metre long Runway End Safety Area (RESA) being proposed for the runway extension. More>>


Environment Commissioner: We Need To Work Together On Climate Change And Farming

“The debate around agricultural emissions and the ETS has been polarised for too long,” said the Commissioner. “But the ETS is not the only way forward – there are other things that can be done.” More>>


NZ Super Fund: Seeking To Put A Market Price On Climate Change

Oct. 19 (BusinessDesk) - The New Zealand Superannuation Fund says it will devise a set of rules to assess investment winners and losers under climate change, a strategy that could rule out fossil fuels or producers such as current portfolio member Exxon ... More>>


Rejuvenation: Parata Will Not Contest 2017 Election

Education Minister and National List MP Hekia Parata has today announced that she will not be contesting the next election. She advised the Prime Minister of her decision earlier this year. More>>

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news