9. Hon TARIANA TURIA (Co-Leader—Māori Party) Link to this
to the Minister for Biosecurity
Did he receive advice in 2005 that the Hazardous Substances and New Organisms Act 1996 “is currently interpreted as applying to all new organisms entering New Zealand, whether entering deliberately or unintentionally. Accordingly, once an organism has been identified as new, MAF (under both the Biosecurity Act and as the enforcement agency under the HSNO Act) is legally prevented from giving it biosecurity clearance until it has been approved under the HSNO Act. This approval can only be given by the Environmental Risk Management Authority”; and how does this fit with the provisions of the Biosecurity and Hazardous Substances and New Organisms Legislation Amendment Bill?
Madam SPEAKER
Hon JIM ANDERTON (Minister for Biosecurity) Link to this
The quoted passage comes from the 2005 Ministry of Agriculture and Forestry briefing for the incoming Minister for Biosecurity. It is an accurate reflection of officials’ then understanding of the problems at the interface of the Biosecurity Act and the Hazardous Substances and New Organisms Act. In 2005 the ministry’s understanding was that its Hazardous Substances and New Organisms Act obligations were triggered only when it became aware at the border that a new organism was present in imported goods. The Court of Appeal’s judgment in the National Beekeepers’ Association honey case greatly extended that obligation so that the requirements of the Hazardous Substances and New Organisms Act now have effect as far back as the standard-setting stage, on the basis that a new organism might be present on imported goods. If one considers that all goods entering New Zealand can potentially harbour many new organisms, then one can begin to see the extent of the problem we face.
The impact of this judgment is that all of the Ministry of Agriculture and Forestry’s import health standards are now vulnerable to legal challenge. On Crown Law advice the ministry has been forced to stop issuing new import health standards and amending existing import health standards. This is an unsustainable situation, particularly for a nation such as ours that relies so heavily on trade in our primary production. It is therefore critical that the Biosecurity and Hazardous Substances and New Organisms Legislation Amendment Bill is progressed in the quickest possible time frame.
Hon Tariana Turia Link to this
Is the Minister aware of the devastation that has been inflicted on the New Zealand environment by organisms such as the varroa mite, didymo, and wasps, which arrived in this country as passenger organisms; if so, how can he justify having far lower standards of scrutiny for passenger organisms than for organisms that are deliberately introduced?
As a matter of fact, we do not know any of that. If the member has any evidence as to who brought in varroa mite, could she please supply it to me. I think we would be very happy to prosecute, immediately. If she knows exactly how didymo arrived here, I would like to know that as well. It could have come on the water; it could have come through birds. The varroa—
Hon Dr Nick SmithOh, I see; the expert on biosecurity knows the answer too, does he? He knows the answer to everything.
Hon Dr Michael CullenYeah, right! If the member is suggesting that under the Biosecurity Act we should interview every single passenger who arrives in New Zealand, then search the person and X-ray the clothing and everything else, because those will all have organisms on them, we can see how the whole country would come to a grinding halt in about 5 seconds flat.
Hon Tariana Turia Link to this
Can the Minister confirm that under the bill as currently framed it will be lawful for the Ministry of Agriculture and Forestry to give clearances to shipments of Australian honey within 90 days of the bill’s getting the Royal assent, even if the independent review panel set up under the bill has not yet been set up, and even if the import health standard allowing honey imports has not been reviewed?
It was clearly the intention of the Government, as it has indicated, that there will be a 90-day period for a review to take place, and that review will be held before any importation of Australian honey is possible. We will be moving a Supplementary Order Paper to make sure that the issue is clarified and the House understands clearly that position.
Hon Tariana Turia Link to this
When will the independent review panel be established, who will comprise its membership, and what are its terms of reference?
The review panel will be established as soon as possible. The members of it, of course, are meant to be independent of the Government, and biosecurity officials. That will take place. There will be consultation with industry stakeholders on that matter. We have been in discussion with the National Beekeepers’ Association on this issue. I can assure the House that the Government will see that these matters are actioned as a matter of urgency, that they will be done properly, and that everyone who has a stake in this will be satisfied that the process has been adhered to properly.