The judge has reserved her decision in Federated Farmers New Zealand's (FFNZ) appeal against the Environment Court ruling that local authorities can use the Resource Management Act to regulate genetically engineered organisms in their patch.
Justice Mary Peters reserved her decision after the two-day hearing ended in the High Court at Whangarei yesterday.
In an Environment Court decision in May last year, after FFNZ had challenged Northland Regional (NRC) and Whangarei District councils' precautionary GMO policies, Judge Laurie Newhook ruled that local authorities did have that power.
The farming sector group's appeal is based on their argument that Judge Newhook's decision amounted to "an error of law". FFNZ's counsel Richard Gardiner kicked the matter off with the case that local government "has no role" legislating about genetically modified organisms (GMOs).
He said the Northland Regional Council's proposed policy statement concerning GMOs "overlooked the adequacy of central government rules". FFNZ maintains the Hazardous Substances and New Organisms Act, not the RMA, is the relevant overarching document, and sits outside the scope of local authorities.