March 27, 2000
This policy explains how ERMA New Zealand will handle publicity and media coverage for applications to the Authority for hazardous substances and new organisms. It has been prepared to provide guidance for applicants, potential applicants, submitters and the news media.
Publicity
All applications are entered onto the public register, as required under the HSNO Act, after they have been verified and accepted and, for notified applications, at the same time that public notification occurs. Applications which are being discussed at the ‘pre application' stage are not entered on the register.
The public register is available for inspection at the ERMA New Zealand office in Wellington. It is also on line on the ERMA New Zealand website. Go to the Applications Register for more information.
‘Verification' means that ERMA New Zealand is satisfied that the application form has been filled in correctly, as required under the Regulations to the Act, and that the appropriate information has been supplied by the applicant.
Once an application is verified, it is formally accepted.
Note: In some cases, where the Authority considers there is insufficient information to fully assess the application, the Authority may ‘stall' the application and seek further information from the applicant. This is done under Section 52 of the Act. The Authority has to advise the applicant within 10 working days of the receipt of an application if it requires further information. If the applicant fails to comply with this request within one year, the application will lapse.
So long as the applicant agrees, applications which are subject to a further information request, under Section 52, will not be publicly notified or placed on the register, until Section 52 action is complete. This means that either the extra information is provided or the Authority decides there is nothing to be gained by delaying further. The reason for this is to ensure that when the application is notified, as complete a package of information as possible is available to prospective submitters.
Notifiable applications are publicly notified and the submission period will commence at that point. Non notifiable applications are simply listed on the register.
Notified applications include applications to import for release or to release from containment, any new organism including a genetically modified organism. Notified applications also include applications to release a new hazardous substance or to use a hazardous substance or a new organism in an emergency. They are advertised in the public notice section of the New Zealand Herald, The Dominion, The Press and The Otago Daily Times.
Verification and public notification of notified applications must be completed within 10 working days of the receipt of the application, (unless the applicant agrees to waive that requirement.
Non notified applications include applications to import a new organism, including a GMO, into containment, or to develop a new organism, including a GMO, in containment. However, under Section 53(2) the Authority has discretion to notify an application to develop a GMO in containment if it considers there is likely to be significant public interest in the application. Non notified applications also include applications to import or manufacture a hazardous substance in containment.
Non notified applications are placed on the register once they are received but, under the Act, there is no provision for a public notice or call for submissions.
An executive summary of the application is available from ERMA New Zealand on request. The website will shortly include a facility to access the executive summary.
The full application document, excluding any commercially sensitive material and excluding references, is available on request from ERMA New Zealand. Because the application process is based on cost recovery, there is a flat charge of $5 incl. GST for the full application document.
In addition, ERMA New Zealand publishes The Bulletin 10 times a year which has a full summary of all applications received, in process of consideration and decisions. Anyone can request to go on the mailing list for The Bulletin.
Finally, if anyone is interested in receiving information about particular types of applications received, they can request to be put on the Application Interest List. This is a database maintained by ERMA New Zealand.
Media coverage
The Authority is a semi judicial body and as such Authority members do not comment on applications received or under consideration. The Authority will issue a formal Decision, but will not comment on it.
The Chief Executive of ERMA New Zealand can provide comment on general matters including the HSNO Act, the role of the Authority, how the application process works, and general information about an application and the decision when it is released. The Chief Executive is the official ERMA New Zealand spokesperson on applications.
All media calls should be directed in the first instance to the Manager, Communications. If appropriate, an interview can be arranged with the Chief Executive. Technical queries may be referred on to the relevant staff.
There will not normally be a press statement issued about the receipt of any application. The news media is advised to monitor the ERMA New Zealand website or to subscribe to The Bulletin to keep up with applications received.
The application summary and general information about the process can be sent to the news media on request. The full document is available at a standard cost of $5 incl.GST.
Questions about the details of an application and its potential effects will not be discussed by ERMA New Zealand. The Authority and its staff will maintain a strictly neutral stance, in order to protect the statutory process for applications under the HSNO Act.
The news media is encouraged to read the full application document to find out about the application. If journalists wish to seek comment from the applicant [or a submitter] they may do so directly. ERMA New Zealand will not set up media interviews with applicants or submitters. However, the Communications Manager will in some circumstances advise an applicant of media interest or questions - and the applicant will be invited to make direct contact with the media themselves if they wish.
The news media is welcome to attend the hearing of any application. All hearings are public hearings. Where no hearing is required, the decision-making committee of the Authority will hold a consideration meeting. A consideration meeting is not public.
The dates of hearings are noted in the Bulletin and posted on the public register/on the website. It is advisable to monitor the website for changes to hearing dates.
For more information please contact:
Julie Watson,
Manager, Communications.
Phone: 04 918 4824
Fax: 04 918 4840
Mobile: 021 674 954
or email to:info@ermanz.govt.nz