Genetically modified organisms: how you can have a say
In New Zealand, under the Hazardous Substances and New Organisms (HSNO) Act 1996 anyone who wants to develop, import, or field test a new organism (including a genetically modified organism) must get approval before they undertake the work. Anyone wanting to release a new organism must also get approval.
The Environmental Risk Management Authority (ERMA) is the body established under the HSNO Act to decide on approval applications.
The HSNO Act allows for public participation in the decision-making process for certain kinds of genetically modified organism (GMO) applications.
Depending on the nature of the application, there are three ways in which applications are processed, each of which provides different opportunities for public participation. They are for:
- notified applications
- non-notified applications
- rapid assessment applications.
Notified applications
All applications to release a GM organism (including conditional release or full release) or to field test a GM organism in containment must by law be publicly notified to allow people to have their say. The Authority also has the discretion to publicly notify GM organism developments and imports into containment (see Non-notified applications).
You can find out about these applications by reading the public notices in the four main daily newspapers, looking on the ERMA website, or by reading the ERMA’s formal record of applications and decisions in its publication The Bulletin. As well, anyone can register an interest in specific types of applications and ERMA will then advise them directly when these come up. To help people prepare their submissions, the public notification of the application includes information, in summary form, about it. This information covers areas such as the biology of the organism, Māori perspectives, an assessment of its risks, costs and benefits to the environment as well as to public health and safety. More detailed information is also available to the public on the ERMA website, although some information (usually relating to the commercial aspects of the application) remains confidential.
Nevertheless, sufficient information will always be available to enable those interested to understand the nature of the development and its risks and benefits.
Non-notified applications
Applications in this group include most applications to develop new organisms in an enclosed laboratory but the Authority may notify these applications if it considers there is likely to be significant public interest.
Rapid assessment applications
These occur where a proposal to develop a GM organism in secure containment meets low-risk criteria and the decision-making may be delegated to a committee in the institution doing the work – for example, where universities develop specified types of GM bacteria as part of their teaching about GM. These developments are limited by regulation and must be conducted in a secure laboratory.
Having a say on GM applications
Anyone can make a submission on a publicly notified application but submissions must be made within 30 working days of the application being notified. Submissions must be in writing by post (mail), fax, email or online submission form.
The Authority will consider submissions when it makes its decision on applications. Submissions should include all of the points you want to make, and should be supported by references or information where appropriate.
In your submission, you should also state whether you wish to be heard in support of your views. If you say you wish to be heard, the ERMA must hold a hearing and you will have the opportunity to attend to speak to your submission. The time available for such a presentation is likely to be limited, so it is important to include all relevant points and supporting information in your written submission. Unless you have specified that you want to make an oral submission, it is not necessary to attend the hearing. In the case of written submissions, your views will be considered by the Authority whether or not you attend.
Where can I find out about GM applications and decisions?
ERMA New Zealand supplies information about applications and decisions in the following ways:
- recording all applications on the ERMA New Zealand public registers
- providing access to the register at the ERMA New Zealand offices in Wellington and Auckland and via the ERMA website
- recording all applications and decisions in The Bulletin, an official record of applications distributed to key stakeholders
- publishing applications of major public interest in the quarterly newsletter, Perspective
- making available on request the executive summary of the application, which outlines the proposal
- in the consultation section of the ERMA website, Part V Applications Open for Submission
Public information provided through any of these channels above will not include any part of an application that has been classed as commercially sensitive.
Where can I find more information?
For more information about see the topic How Genetic Modification is Regulated in New Zealand.
To find out how to make a submission see the ERMA guide Make a Submission.
Copies of the guide are also available from ERMA New Zealand ph (04) 916 2426 or write to:
Operations Group, ERMA New Zealand
PO Box 131, Wellington.
Email: info@ermanz.govt.nz
Last updated: 17 September 2007
