ERMA New Zealand action plan on unauthorised GM developments

May 4, 2000

The Environmental Risk Management Authority is taking action to deal with reported breaches of the HSNO Act by GM researchers around the country. Science institutions have been given until 24 May to bring their research programmes into line, after which they may face prosecution.

Unauthorised research has recently been identified at the University of Otago's School of Medicine in Christchurch and at Landcare in Auckland. ERMA New Zealand is now completing a nationwide check of 25 institutions to see if any other research is going on without approval under the Hazardous Substances and New Organisms (HSNO) Act. The check is still in progress, but to date further examples have been reported at the universities of Canterbury, Victoria, Massey, and Waikato, and the crown research institute ESR.

ERMA New Zealand Chief Executive, Dr. Bas Walker, said that the Authority wanted to complete its current investigations and move quickly to a point where all GM research was being conducted under the correct approvals and safety standards. He said the following actions were being taken:

1. All delegations for decision-making on GMOs to Institutional Biological Safety Committees (IBSCs) have been suspended. They will be re-instated on a case by case basis, along with revised instructions to IBSCs. 2. All institutions doing GMO developments are required to complete a detailed report to the Authority by 24 May 2000, on all GM work at the institution. The Authority wants either a positive confirmation that all work has an approval or identification of work that does not. 3. ERMA New Zealand will conduct detailed investigations into those situations where unauthorized work may have occurred, to determine what has happened and what action should be taken. 4. Where there has been unapproved work since the start up of the HSNO Act in July 1998, the institution will be required to either make an application to the Authority for approval, or to terminate the work and destroy the GM material.

Once final returns are received, a full report will be made to the Authority by ERMA New Zealand staff. Dr Walker said the Authority has made it clear that if any unauthorized work is uncovered after 24 May it may seek to take a prosecution under the HSNO Act. The Act provides for fines of up to $500,000.

"As we receive the responses, we will investigate individual institutions as needed. Next steps: Page 2 cont.

But we won't have a full picture until after the target date of 24 May. Then we will be in a position to know what longer term action should be taken. I expect to report to the Authority on 25 May and a further public statement will be made after that."

Dr Walker said that, to date, it would appear the issue is largely a matter of having the correct approvals in place, rather than any major risk being posed by inadequate containment of GMOs.

"In some instances the problem might arise because research work was started under the voluntary regime, before the HSNO Act commenced in July 1998. In that case, the appropriate action may be to correct the Order in Council that transferred earlier GM work to the new HSNO legislation.

Having said that, all research institutions have been briefed on HSNO requirements and there is no excuse for not seeking approvals where these are required by the law."

Dr Walker said that all the research identified was with low risk GMOs, in contained laboratories.

However, ERMA would also be checking that correct containment procedures are being followed in all institutions involved in GM research and development.

"It is important that the system we have for managing GMOs in New Zealand is operating properly and that the public can be assured that appropriate systems are in place to effectively manage and contain any risks,' he said.

For further information:

Bas Walker
Chief Executive
Ph (04) 473-8426
Karen Cronin
Communications Manager
Ph (04) 918 4826