Court rules: no outdoor GMO trials
A High Court ruling has upheld Northland Regional Council’s rights to decide whether to allow genetically modified organisms in their region through the Resource Management Act.
Federated Farmers appealed against a decision by the Northland Regional Council to set up a GE-free zone, and is challenging a similar Hastings District Council decision in the Environment Court.
On August 31, Judge Mary Peters ruled in favour of the Whangarei District Council, Northland Regional Council, Soil & Health, GE-Free Northland and others, dismissing the appeal on all questions raised by Federated Farmers.
Following the ruling, Environment Minister Dr Nick Smith indicated the Government will review councils’ role in regulating GMOs.
‘‘I am seeking advice from the Ministry for the Environment on possible solutions. Options include changes in the law or regulations to clarify that approvals and controls on GMOs are to be determined by the EPA and not councils,’’ Dr Smith says.
But convenor for the Intercouncil Working party on GMO Risk Evaluation and Management options Dr Kerry Grundy says the plan provisions only apply to GMOs released to the environment or outdoor field trial of GMOs.
‘‘This does not apply to medical trials as medical applications are specifically excluded from council provisions. ’’They do not apply to indoor use in contained facilities, laboratories, hospitals or to medi- cal applications or most veterinary applications,’’ he says.
The working group comprises Auckland Council, Whangarei Council, Far North District Council, and Northland Regional Council. Concerns for councils has been not enough accountability for GMO trial applicants, with possible damage and cleanup costs caused by organisms getting into the environment falling on the council and therefore on rate payers.
‘‘The councils’ plan provisions make outdoor field trials of GMOs a discretionary activity under the Resource Management Act. This means they need a resource consent from council to conduct a field trial in addition to approval from the EPA,’’ Grundy says.
The Northern ruling should also give confidence to certified organic growers in the region over concerns to their certified status.