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Amendments to improve HSNO Act operation

The Hazardous Substances and New Organisms (HSNO) Act 1996 has been amended to improve the way it works for decisions on organisms that are new to New Zealand.

The HSNO Act has applied to the management of new organisms since 1998 and the changes being made are a result of experience in the way the Act operates in this area.

In general, the amendments clarify the decision making process for the Environmental Risk Management Authority (ERMA) and allow the Authority to make more accurate assessments of the risks posed by new organisms on a case-by-case basis.

For example, the changes allow ERMA to make decisions on the risk posed by an organism at the sub-species or genus level as well as at the species level – a change that is significant for organisms such as bacteria, where some sub-species or strains within the same species are highly toxic to humans and animals while others are perfectly harmless.

Other amendments introduce more realistic timelines, when these are needed, for ERMA to publicly notify its decisions. They also give ERMA the power to order prompt compliance where enforcement officers have issued a compliance order for breach of the regulations. Previously, compliance orders did not take effect for, at earliest, four days – except in an emergency situation.

The changes in the HSNO Act also allow ERMA to declare that an organism is "no longer new" in cases where the organism does not have a HSNO approval but is well-established and is not subject to an eradication programme. The change is designed to make sure people are not prosecuted for being in possession of new organisms which may have arrived by themselves rather than being introduced deliberately. It will not apply to new organisms smuggled into the country.

Zoo and circus animals

As well, the amendments bring zoo and circus animals under the HSNO Act. Standards for the containment of these animals were formally covered by the Zoological Garden Regulations 1977 but these expired in June 2003.

The new rules under HSNO lay down regulations for a high level of containment for zoo and circus animals but will allow for the transfer and temporary absence of animals from containment for specialist veterinary care and to allow for breeding programmes. New Zealand zoos play an important role in helping international efforts to save endangered species that are not native to New Zealand through their participation in breeding programmes with zoos around the world.

Confidential supporting information

Other amendments to HSNO clarify the rules protecting commercially sensitive information supplied in applications for ERMA approval when these become the subject of an Official Information Act (OIA) request. This material – known as confidential supporting information – may include details of how an organism has been modified and hence could be picked up and used by competitors in the field.

Under the changes, the procedures for notifying applicants when there has been a request for information under the OIA are strengthened and another amendment more clearly defines what is covered under confidential supporting information.

Last updated: 17 September 2007