Lee's report stated that staff could not advise that the council should change its position, being constrained by the fact that their role was to defend its original decision.
"As with any Environment Court appeals, staff would only consider recommending a significant change in position if there was any new compelling information that challenged the foundations of council's original decision, and to date staff are not aware of any such information," he said.
"Staff therefore recommend council maintain and defend its decision not to include GMO provisions in the CMA."
Lee went on to address the pros and cons of either option, including the possibility that the court would find in favour of the district councils, but retaining the status quo would maintain the integrity of the original decision. An Environment Court decision on the inclusion (or not) of GMO coastal marine area provisions in regional plans would also be of national benefit, while there would be no requirement to change the plan if a GMO that was safe and had significant benefits was to emerge.
Retaining the status quo would also potentially reduce community expectation that the council would be responsible for addressing any unlawful or accidental release of GMOs.
On the other hand, given the lack of compelling new information to support a change of position, agreeing to include provisions could expose the council to criticism that it was taking an unprincipled approach.
Withdrawing from the court proceedings would save the council an estimated cost of up to $80,000, which was unbudgeted.