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Federated Farmers of New Zealand v Northland Regional Council

Country/Territory
New Zealand
Type of court
National - higher court
Date
May 12, 2015
Source
UNEP, InforMEA
Court name
Environmental Court of New Zealand
Seat of court
Whangarei
Judge
LJ Newhook
Reference number
[2015] NZEnvC 89
Language
English
Subject
Agricultural & rural development, Legal questions
Keyword
Agricultural development Agriculture and environment GMO Biosafety Agricultural commodities Agricultural land
Abstract

In this case, the plaintiff, an association of farmers, challenges the disposition of the proposed Regional Policy Statement for Northland concerning Genetically Modified Organisms. The proposed Regional Policy Statement contained propositions with regards to control use of GMO that would reduce its use in the region.

The plaintiff contests the decision of the Northland Regional Council in front of the Environmental Court on the basis that the GMO control fall under the Hazardous Substances and New Organisms Act (HSNO) and not the Resource Management Act (RMA). As a result, GMO control measures should be taken at the national level and regional level by regional council.

The court held that the RMA does not contain any provision which overlaps with the HSNO even though the provisions of the RMA have a broader scope. As a result, the court considered that under the regional council are entitled to use the RMA to take decisions on control use of the GMO.

Full text
Federated Farmers of New Zealand v Northland Regional Council(1).pdf
89