New Organisms FAQs

Index

What are 'new organisms'?
What is a genetically modified organism (GMO)?
How do I know if I need approval from ERMA New Zealand for a 'new organism'?
How do I know if the plant or animal I want to bring in is a 'new organism'.
What is a conditional release?
How does a conditional release differ from a field test or full (unconditional) release?
What will the duration be of conditional release approvals?
Who is going to check what happens after a new organism is approved?
 How do I determine an organism is NOT new?
Are there any new organisms that the HSNO Act prohibits altogether?
Who might be introducing new organisms to New Zealand and be affected by HSNO?
Why is the HSNO Act needed to control new organisms?
How will the Authority make its decisions on new organisms?
What about genetically modified food?
If my organisation is involved in GMO development how do we go about setting up and getting approval for our own biological safety committee?
Who will carry out enforcement for new organisms?
What do enforcement officers do?
What are the penalties for serious offences (non-compliance) under the HSNO Act?
What about emergencies?
Is it really possible to keep GM crops separate from non-GM crops?
Will GM genes spread through the soil/air?
If something goes wrong who is liable?
Will it be possible to maintain the choice for GM free food?
How will ERMA New Zealand verify the information provided with applications?
How will ERMA New Zealand consider effects on Māori cultural and spiritual values?
Are any risk levels acceptable?
How will risk be assessed?
How cautious is the Authority in the light of imperfect information?
How transparent will ERMA New Zealand be in its processes?
How will the monitoring take place following a GMO release?

 

What are 'new organisms'?

A new organism is a new species coming into New Zealand for the first time, for example, a fish for marine farming, an exotic new zoo animal, or a new tree species such as pine trees genetically modified to improve wood strength and growth rate. A new organism could also be a plant or animal developed in New Zealand through genetic modification. It doesn't include human beings but does include an organism that is in New Zealand solely in a registered containment facility. For more information on the definition of 'new organism' see Interpretations & Explanations of Key Concepts (protocol) [pdf - 170 kb].

What is a genetically modified organism (GMO)?

A genetically modified organism (GMO) is any organism in which the genes or other genetic material have been modified by using in vitro (recombinant DNA) techniques.

How do I know if I need approval from ERMA New Zealand for a 'new organism'?

New organisms are defined in the HSNO Act. Also, our Protocol document, Explanation and Interpretation of Key Concepts, (protocol) [pdf - 170 kb] has more information. If you are still uncertain the best thing to do is phone us and have a talk about your proposal.

How do I know if the plant or animal I want to bring in is a 'new organism'.

It is up to the importer to work out if they have a 'new organism', as defined by the HSNO Act. For plants, there is a list of species permitted to be in New Zealand on the Plant Biosecurity Index which is kept by the Ministry of Agriculture and Forestry (MAF). There is no fully comphrehensive list of the species that are lawfully present in New Zealand, importers would need to consult with relevant organisations that hold this type of information (eg Crown Research Institutes). ERMA New Zealand is happy to advise regarding relevant information sources to determine what plants, animals and microorganisms are present in New Zealand. For more information see How to establish if an organism is "new".

What is a conditional release?

Conditional releases can apply to conventional new organisms (plants, animals and micro-organisms) as well as to GMOs. Conditional release can also cover a wide range of circumstances including a scientific trial (which is much like a field test) at one end of the range, through to a full commercial release at the other.

An example of a conditional release would be the importation of camels for trekking on the condition that only castrated males are imported and released so that a self-sustaining population does not establish. Another example would be the conditional release of a GM crop (for example resistant to certain pests) in a particular location for the purpose of gathering information rather than producing material for commercial sale. And of course a conditional release might apply to the same GM crop being grown for commercial purposes.

How does a conditional release differ from a field test or full (unconditional) release?

Prior to the HSNO Act being amended (2003) it was not possible to obtain a release approval that was able to set controls to manage risks. Instead applicants could only choose between either fully contained approvals (including field trials) or full (unconditional) releases with no controls. Conditional release approvals are intended to fill the gap between containment and full (unconditional) release approvals by allowing controls to be imposed on releases. The key differences between the different application types are set out in the table below:

Containment (including field tests) Conditional Release Full (Unconditional) Release
  • Strictly contained;
  • Strict regulations;
  • Fully monitored;
  • New organism;
  • Limited users.
  • Flexible controls;
  • Regulated (case-by case);
  • Able to monitor;
  • New organism;
  • Limited users or anyone, anywhere.
  • No controls;
  • Unregulated;
  • No monitoring;
  • Not a new organism;
  • Anyone, anywhere, no limitations.

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Applicants for a conditional release approval are expected to provide comprehensive, high quality information on the environmental, cultural, economic, social and other effects of the organism(s) involved. For example, in cases where co-existence issues are important, the applicant will be required to submit detailed information on the range of possible environmental and economic effects, and the likely effectiveness of possible controls in mitigating any potential adverse effects.

What will the duration be of conditional release approvals?

The HSNO Act sets out provisions that could restrict the duration of a conditional release approval. The Authority has adopted the following approach to deciding on the duration for conditional release approvals:

  • Where the Authority considers that an expiry date is warranted, then an expiry date will be explicitly set as part of the approval. Expiry dates will take account of requirements for monitoring an approval and for disposal requirements.
  • Where it is inappropriate to set an expiry date, the Authority will, in accordance with the section 38E(1) of the HSNO Act, explicitly state that the approval does not expire. Controls that are not time-bound will be explicitly stated to apply in perpetuity.

This policy is consistent with the concept that if controls are no longer required then there is no reason for maintaining a conditional release approval. In the case of a conditional release, the organism remains a "new organism" when all controls have expired, and a new HSNO approval would be needed for its continued use.

Who is going to check what happens after a new organism is approved?

All approvals to use new organisms within containment, or under conditional release, are subject to "controls" (ie requirements covering all aspects of the allowable use of the new organism). HSNO Act controls on new organisms will be put into effect by Ministry of Agriculture and Forestry (MAF) as the enforcement agency.

How do I determine an organism is NOT new?

As the Authority makes decisions on new organisms, these are listed on the HSNO Organism Register . If people are not sure what species are approved to be imported, they should contact MAF or ERMA New Zealand for advice. There will be species which do not appear in any of the above lists, which may not be a 'new organism'. To clarify the status of such organisms, the Authority may formally declare whether or not a species is a 'new organism'. The Authority will decide the status of the organism once you have completed and send us in the Section 26 Determination Form.

Are there any new organisms that the HSNO Act prohibits altogether?

The Act has a full schedule of animals and plants which are banned. These include: " Any snake of any species " Any venomous reptile " Beavers, gerbils, prairie dogs, moles and cane toads. It also prohibits a number of plants.

Who might be introducing new organisms to New Zealand and be affected by HSNO?

The legislation affects a number of different sectors: importers of plants, including nurserymen, commercial growers, researchers and gardeners; importers of animals, including agricultural research groups, zoos, wildlife parks; and scientists involved in genetic modification e.g. people working on new and improved food crops, pine trees or sheep.

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Why is the HSNO Act needed to control new organisms?

In the past we have brought many new species into our environment without realising the consequences e.g. possums which have become pests, or plants which have become weeds. As well as damaging the ecosystem, we have had to spend millions of dollars on pest and weed control. With HSNO, now there is a process for evaluating new species before they come in. In recent times, there have been rapid developments in genetic engineering and we need a way of managing this too. The HSNO Act provides a public process, to weigh up the positive and negative effects. It puts the emphasis on assessing risks, to help decide if it is safe to bring something new into New Zealand and if so, under what conditions. If there is scientific uncertainty about the effects, the Authority has to consider the need for caution.

How will the Authority make its decisions on new organisms?

The Authority makes its decisions under the HSNO Act. It must also follow detailed criteria set down in a formal Methodology developed in accordance with the HSNO Act. It has to weigh up the risks, costs and benefits in each case. Some decisions for low risk GMOs are delegated to Institutional Biological Safety Committees (IBSC), in scientific institutions. The IBSCs must also follow the Act and the Methodology. Applications to field test or release a new organism are publicly notified, allowing for submissions. The Authority may also notify some development applications.

What about genetically modified food?

The Authority does not make decisions on GM Food as such. The import or labelling of genetically modified food is covered by the Food Act and Food Standards Australia New Zealand (FSANZ, formely known as Australia New Zealand Food Authority, ANZFA). However, the HSNO Act does cover the genetic modification of living organisms that may later be consumed as food e.g. vegetables or dairy cattle. For example, the Authority would cover the development or import of a genetically modified tomato plant, but does not control the import of cans of soup made from a GM tomato crop.

If my organisation is involved in GMO development how do we go about setting up and getting approval for our own biological safety committee?

Please contact ERMA New Zealand. We are able to delegate authority to institutional biological safety committees that meet the criteria to approve low risk genetic developments. These committees will report to ERMA New Zealand on their decisions, progress and results of approved experiments.

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Who will carry out enforcement for new organisms?

The Ministry of Agriculture and Forestry (MAF) is the primary agency undertaking new organism enforcement activities.

What do enforcement officers do?

Enforcement officers will visit premises from time to time to check that controls on new organisms are being complied with. The frequency of inspections should reflect the risks involved. Highrisk situations should be checked often, while low risk situations may be visited on a less frequent basis. The Act gives enforcement officers the power to enter premises to collect information and evidence. An enforcement officer can also issue a compliance order requiring a person:

  • to cease doing anything that contravenes the Act or is significantly dangerous; or
  • to do something to ensure compliance, or to remedy the effects of a breach.

What are the penalties for serious offences (non-compliance) under the HSNO Act?

The penalties for breaching the HSNO Act are fines of up to $500,000 in the case of an individual; and, in the case of a body corporate, the greater of $10 million, or three times the value of any commercial gain from the contravention, or 10 per cent of the turnover of the body corporate and all its interconnected bodies corporate, if the commercial gain canniot be ascertained. In addition, a person could be found to have civil liability for acts or omissions in breach of the Act.

What about emergencies?

An enforcement officer can declare an emergency under the HSNO Act in specified circumstances of actual or imminent danger. If such an emergency is declared, the enforcement officer has wide powers to deal with it. MAF has contingency plans in place to respond to new organism emergencies.

Is it really possible to keep GM crops separate from non-GM crops?

Absolute separation of GM and non-GM crops is difficult to achieve, especially for pollen producing plants. The key issue is generally the separation required between crops in order to reduce risks to an acceptable level e.g. the risk of cross pollination. The degree of separation required depends on the type of crop and genetic modifications introduced, the nature of surrounding horticultural and agricultural activities, and the level of cross mixing that is acceptable. Cross mixing may also be an issue in the processing of harvested crops.

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Will GM genes spread through the soil/air?

A gene is made up of DNA (Deoxyribose Nucleic Acid) that by itself or in concert with others, determines the characteristics of living organisms. Genes are found in all plant, animal or micro organism cells. For this reason the soil is already filled with DNA.

It is very unlikely GM genes or any other genes from transgenic or nontransgenic plants or animals will transfer their special characteristics to other organisms in the soil or air. Most stray DNA i.e. other than in a living organism is degraded in soil during the natural processes of decay.

An issue often raised is the possibility that genes in plant DNA could be acquired and expressed by environmental microbes. This acquisition of genes occurs through a process called Horizontal Gene Transfer (HGT).

From the published bacterial genome sequences currently available there is no evidence to suggest that genes from plants have been successfully acquired and expressed by environmental microbes during bacterial evolution. This suggests that the chance of horizontal gene transfer occurring and resulting in the permanent acquisition of material is extremely low. However, most transgenes (foreign genes inserted into a host organism) currently used in crop modification are of bacterial origin. These transgenes may thus have a higher probability of transfer to soil bacteria than regular plant DNA. Currently, no such transfer has been observed under field conditions. Transfer has been demonstrated though, under laboratory conditions.

Even if transfer does occur the key issue is whether this could lead to harmful effects. This question is always considered when ERMA New Zealand considers GMO field trial or release applications.

If something goes wrong who is liable?

There are strict new provisions in the law that impose strict civil liability rules for harm caused by non-complying activities and also a civil penalty regime for breaches. The combined effect of these changes is to create greater incentives for those who are approved users of GM organisms to fully comply with all required controls and regulations and to provide better remedies if harm occurs.

The Government has taken the view that there are no unique liability issues raised by GM organisms (as compared to any other regulated activities). The current law already provides that persons suffering any harm caused by a GM activity or technology may be able to bring a claim to recover their loss under grounds including negligence, nuisance and breach of statutory duty.

Will it be possible to maintain the choice for GM free food?

ERMA New Zealand is not responsible for the regulation of GM food.

Labelling requirements and other information for genetically modified food in New Zealand can be obtained from: New Zealand Food Safety Authority or Food Standards Australia New Zealand

How will ERMA New Zealand verify the information provided with applications?

In order to be considered by the Authority, each individual application to ERMA New Zealand needs to be supported by adequate and sound information. There needs to be a good description of the organism and its possible risks, costs and benefits. That means its effects on the physical environment and on public health and safety, social and cultural impacts and economic issues. The information needs to reflect the significance of the issues. The more significant the possible effects, the more detailed the information that will need to be supplied.

Once an application is lodged, the staff at ERMA New Zealand then look at whether the information supplied meets the statutory requirements and is correct and sufficient to enable a good quality decision to be made. There are a number of highly skilled scientists and staff from differing fields of expertise who are employed by ERMA New Zealand to carry out this process. Once all the information is collated and validated, an evaluation and review (E & R) report is then produced by ERMA New Zealand staff which is provided to the Authority to assist the decision making process. Information gathered during the application analysis and decision making stages comes from a wide range of sources, covering a wide range of issues; scientific, technical, social, and cultural. ERMA New Zealand may also seek additional or more specialised information from advisory committees or expert reviewers, from within New Zealand or internationally.

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How will ERMA New Zealand consider effects on Māori cultural and spiritual values?

HSNO is effects based legislation. Any effects on Māori cultural and spiritual values will be assessed and considered alongside all other effects, e.g. environmental, human health, social and economic effects.

The HSNO Act requires that decision makers take into account 'the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, valued flora and fauna and other taonga' and the principles of the Treaty of Waitangi. Therefore applications which involve issues of significance to Māori must incorporate the results of consultation with Māori either locally or nationally. However, the purpose of consultation is to provide information, not give "approval". Decision making is very firmly vested in the Authority or persons/bodies to whom decision making power has been delegated.

Ngā Kaihautū Tikanga Taiao is the Māori advisory committee to the Authority, consisting of up to eight members who are appointed by the Authority to provide advice on matters relating to policy, process and applications from a Māori perspective. Kaupapa Kura Taiao is the Māori Unit within the Agency charged with providing the Authority with Māori advice on specific applications and is also responsible for implementing the Māori participation programmes. The Māori National Network is a network of key contacts within the Māori community who are involved in environmental issues and who potentially have an interest in HSNO. They also provide a valuable source of information sharing and consultation on a wide range of broad issues relating to HSNO.

Are any risk levels acceptable?

There is no such thing as zero risk - everything we do involves a certain amount of risk. The purpose of risk based decision making is to identify and assess those risks so that they can be either managed or prevented.

The Authority makes decisions based on weighing up the beneficial effects (benefits) and adverse effects (risks and costs) that would result if the substance or organisms were approved. In making this decision the Authority takes into account any controls that may be placed on the organism/ substance and the likely effects of the subject of the application being unavailable. If the Authority decides that the beneficial effects outweigh the adverse effects it may approve the application (subject to controls where relevant). Alternatively, if the Authority decides that the adverse effects outweigh the beneficial effects, it will decline the application.

However there are limits to how far benefits can be used to balance up risks. There are some levels of risk which are unacceptable no matter what the level of benefit. For new organisms, the Act itself deals with the issue of maximum acceptable biophysical risk through the "minimum" standards in section 36 of the Act. These are very strong criteria. There is no equivalent to s36 for hazardous substances, but the Authority is always careful to look at the risks, as well as the benefit/risk balance.

How will risk be assessed?

There is a whole area of practice and study called 'risk assessment'. While different types of risk are assessed in different ways, the common thread is that risks have characteristics which include the source of risk, the risk, method or means of exposure, nature of the impact, the magnitude of occurrence (how big is it) and a likelihood of occurrence (how likely is it to happen).

Under HSNO, applicants are asked to identify and assess the risks and costs (adverse effects) as well as the benefits (beneficial effects) of their new organism/ hazardous substance. Both adverse and beneficial effects are assessed either using numbers (quantitative assessment) or descriptions (qualitative assessment). Qualitative assessments are often necessary because of the lack of numerical data.

The Authority reviews the information available to them from the applicant, submitters, and external experts (where relevant) and makes its own assessment based on all this information.

For further information see the Technical Guides series. The principal technical guide is:

Other guides available are:

How cautious is the Authority in the light of imperfect information?

The Authority is very aware of the importance of the quality of the information available to decision making. All information provided by applicants, submitters and any external experts is reviewed to make sure that it is correct and that it meets the purpose for which it is required. Information may be imperfect because it can't be verified, because it is limited in scope, or because it isn't the type of information that is relevant to making the decision. Some information will be imperfect because it is incomplete or uncertain. Where information is considered to be imperfect and where it is considered that more or better quality information is needed for the Authority to make a sound decision, the applicant, a submitter, or an external expert may be asked to provide additional information. The amount and type of information required will depend how important it is to making a sound decision, and on how available the information. If the information is crucial but is difficult to obtain, then a "decline" may be the best response.

Section 7 of the Act requires the Authority to take into account he need for caution or to be cautious where there is scientific and technical uncertainty. Caution or being cautious implies taking special care. Where there is a significant amount of uncertainty the Authority will describe it in terms of what aspects are uncertain, how this arises, the type of uncertainty and what might be impacted, and whether further information would help to reduce it. In all cases the Authority will scope the uncertainty and seek to put bounds on it to see how much the uncertainty will affect the decision.

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How transparent will ERMA New Zealand be in its processes?

ERMA New Zealand strives to be transparent as is practicable and appropriate in its processes. In general, applications for substances or organisms that can significantly affect the environment must be publicly notified, and anybody can then make a written submission - within 30 working days of public notification - and a hearing will be held if any submitter requests to be heard, or if the Authority thinks it is necessary.

Applications are publicly notified by being posted on the ERMA New Zealand website and advertisements are placed in the four major daily newspapers. Specific notification is made to people who have indicated an interest in a particular type of application. The full application may be viewed at the ERMA New Zealand office in Wellington or on the website, however, some information supplied with applications may be confidential. Commercially sensitive information supplied by applicants will not be released to submitters, but sufficient information will always be available to enable those interested to understand the nature of the organism/substance and its risks and benefits. Decisions are recorded in Bulletin and on the website.

A cornerstone of the HSNO Act is the public's right to be heard in regard to notified applications. Hearings allow New Zealanders to have their say on a particular application and to talk directly to the Authority. However, information presented by submitters at hearings must be relevant to the application. It is the content of a submission that is important, rather than the number of submissions lodged and the Authority is required to consider submissions when making decisions on notified applications.

All applications, E&R reports and decisions are available in full in our Registers on the website

How will the monitoring take place following a GMO release?

Monitoring of GMOs is not required under the HSNO Act after a FULL release as the Authority is unable to place controls on a full release. However, monitoring requirements may be applied to CONDITIONAL release approvals. Hence, any "user" of an approval may be required to monitor for evidence of specific events occurring.

Such requirements will be considered and set if felt to be appropriate at the decision-making stage for each conditional release approval. However no conditional release applications have been received yet. The Ministry of Agriculture and Forestry (MAF) is the enforcement agency responsible for ensuring conditions are adhered to by users of approvals.

If you have any further questions contact: info@ermanz.govt.nz. A full listing of how you can contact ERMA New Zealand is in the Contact us section.

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