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Digest No. 1609

Biosecurity and Hazardous Substances and New Organisms Legislation Amendment Bill 2008 (2008 No 198-2)

Date reported 17 March 2008
Portfolio: Biosecurity
Select Committee: Primary Production
Published: 20 March 2008Prepared by John McSoriley BA LL.B, BarristerLegislative AnalystP: (04) 471-9626 (Ext. 9626)F: (04) 471-1250 Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of this Bill is to amend the Biosecurity Act 1993 (the Biosecurity Act) and the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) to clarify the relationship between these two Acts.

The Bill amends both the Biosecurity Act and the HSNO Act to make it clear that:

  • risks from all non-genetically modified organisms imported incidentally in association with imported goods will be managed by MAF (the Ministry of Agriculture and Forestry) under the Biosecurity Act;
  • risks from non-genetically modified new organisms imported other than incidentally in association with imported goods, and risks from all genetically modified new organisms, will be managed by ERMA (Environmental Risk Management Authority) under the HSNO Act.
  • The Bill as introduced is described in Bills Digest No 1603.

Main Changes to the Bill

Independent review panel

Section 22 of the Biosecurity Act relates to the making of "import health standards". Section 22(6) provides that " ... before making a recommendation to the Director-General on the issue or amendment of an import health standard, the chief technical officer must, unless the standard needs to be issued or amended urgently, or unless the chief technical officer considers that the amendment is minor, consult with those persons considered by the chief technical officer to be representative of the classes of persons having an interest in the standard".

The Select Committee has recommended the insertion in the Act of a new provision providing that the Director-General must before 01 July 2008, by notice in the Gazette, set out the process by which an independent review panel is to be established to review whether, in developing an import health standard, there has been sufficient regard to the scientific evidence about which a person consulted under Section 22(6) has raised a significant concern". "The Director-General must receive any report from an independent review panel and, as soon as is reasonably practicable, determine the issue in dispute after taking into account the findings and recommendations of the independent review panel, giving reasons for that determination" (Part 1, New Clause 5A, inserting New Section 22A into the Act).

Comment

The terms "sufficient regard" and "significant concern" are not defined and the provision may therefore not have practical effect.

Suspension of power to give biosecurity clearance

The Bill provides that all Import Health Standards issued before the commencement of this Bill are valid and effectual as if the Bill had come into force on 29 July 1998, but only if, and so far as, the invalidity of an import health standard arises because it applies to goods the importation of which involves or might involve an incidentally imported new organism. The Bill also specifically validates the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia (the import health standard), dated 2 August 2006, which was the subject of the judgement of the Court of Appeal in National Beekeepers Association of New Zealand v Chief Executive of Ministry of Agriculture and Forestry [2008] NZCA 1. The relevant biosecurity clearances are also validated (Part 1, Clauses 7 and 8 of the Bill).

The Select Committee has recommended that despite Clause 7 of the Bill, no biosecurity clearance under Section 26 of the Act may be given for any goods which the import health standard applies for a period of 90 days from the commencement of this Bill (Part 1, inserting New Clause 7A into the Bill).

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