Councils plan for local GM bans

By ANNE BESTON environment reporter

Councils are exploring whether they can follow the lead of Australia's state governments and ban genetically modified crops in their areas.

At least two councils are considering bylaws to give them control of which GM crops can be grown and where.

Others have expressed concern at the legal uncertainties they face once the national GM moratorium expires on October 29.

"We want the situation clarified," said John Hutchings, spokesman for the councils' organisation, Local Government New Zealand.

Kaipara District Mayor Graeme Ramsey said his council had decided it had a duty to find a way to limit the release of genetically modified organisms, and the most likely outcome would be a bylaw.

"Our community has made it clear they expect us to take a leadership role and that we should preserve our decision-making ability as a district and say, 'no'," he said.

Kaipara was a very rural, conservative council and the action being considered would have been "unthinkable" even two years ago.

Nelson and Waitakere City Councils declared themselves "GE free" last year, but Mr Ramsey said that was largely symbolic.

"We want to find a way to limit release."

Five Australian states this year thumbed their noses at the Federal Government GM regulator and imposed bans of between one and five years on GM food production.

They were castigated by Australia's Agriculture Minister for harming Australia's ability to compete in international markets.

Rodney District Mayor John Law said his district had declared itself "organic friendly", but was prepared to go further.

"We could bring in a variation to our district plan or bylaws and things like that," he said.

"We love our environment up here and this is a very emotive issue."

Local Government New Zealand has told the Government that local bodies need to know whether they could be left to clean up sites if a genetically modified organism escaped or got out of control.

Under the Resource Management Act, councils control land use, including discharges to air, water and land from development, agriculture and horticulture.

Mr Hutchings said councils also needed to know whether district plans gave them the right to ban genetically modified organisms and how much weight would be given to a district's wish to have the ability to market its produce as GM-free.

Councils around New Zealand are understood to be watching Kaipara's move with interest.

Local body submissions to Parliament's science and education select committee, which is considering the bill that will help regulate GM once the moratorium ends, expressed concern over legal rights and responsibilities.

The New Organisms and Other Matters Bill amends the 1996 Hazardous Substances and New Organisms Act, which regulates genetic modification.

The bill is a key step on GM because it provides for the controversial new category of "conditional release" - farm-style testing of GM crops that will be possible once the moratorium ends.

A regional council, Environment Bay of Plenty, told the select committee that it did not support a "wait and see" approach on the legal issues.

Conditional release could prompt challenges from local growers for the council to take action against a GM crop grower.

But that might open the council to legal challenges in the Environment Court.

Environment BOP said councils should have the ability to decide on conditional or full release of a genetically modified organism in their region or territory.

At least three hikoi will begin marching over the next few weeks to gather at Parliament as the moratorium comes to an end.

Northland gardener Kay Baxter said about 50 people would leave Cape Reinga tomorrow to march to Taupo, where they would meet another hikoi from the Coromandel Peninsula.