The Hamilton City Council could stop MAF from spraying the city with a natural pesticide, but it would have to prove the spray endangers public health.
The Ministry of Agriculture and Forestry is considering a spray campaign after finding a single asian gypsy moth in Hamilton, saying the pest poses a
significant threat to the country's forestry industry.
Former Prime Minister and constitutional law expert Sir Geoffrey Palmer said yesterday that the law around spraying was "extremely draconian" because the Government could force the public to be sprayed against their will.
While the city council did not have powers to veto the spraying, it could mount a legal challenge under the Health Act 1956, he said.
The act says that if a council is satisfied that any condition is making people sick, it could "cause all proper steps to be taken to secure the abatement of the nuisance or the removal of the condition".
But Sir Geoffrey said it would be difficult to prove that the spray would make people sick.
The Waitakere City Council decided against taking MAF to court in March, saying it did not have enough evidence to prove the spray was damaging people's health.
Spraying opponents claim that up to 3000 people in Auckland have had some reaction to the chemicals.
Meanwhile, Waikato medical officer of health Dell Hood said MAF had asked for formal meetings with health officials this week.
Peter Thomson, director of MAF's forest biosecurity unit, said the first meeting, tomorrow, was to discuss setting up a health service to deal with public health issues.
- NZPA
Herald Feature: Conservation and Environment
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