Palmer gets call-up over spraying war

By ANNE BESTON

The Government's $90 million aerial blitz of West Auckland is about to come under independent legal scrutiny for the first time.

Constitutional expert and former Labour Prime Minister Sir Geoffrey Palmer has been hired by anti-spray campaigners to give an opinion on whether the aerial blitz against the painted apple moth in West Auckland is legal.

Anti-spray groups have threatened legal action to stop the spraying since it began this year with a small-scale helicopter spray operation, but this is the first time legal steps have been taken.

"I have been instructed by the people in Auckland who are concerned about the spraying for painted apple moth to write a legal opinion and that's all I can say at the moment," Sir Geoffrey said.

Anti-spray campaigner Sue Berman said she was delighted Sir Geoffrey had agreed to act for them.

"He's a wonderful man and he certainly feels confident enough to have agreed to have a look at it," she said.

Ms Berman said her group, the Stop Aerial Spraying network, was optimistic Sir Geoffrey's opinion would lead to a court challenge on the Government's right to spray more than 40,000 households with the Btk insecticide.

"Such action is incredibly expensive and we still have to deal with funding issues but we feel confident we will get there," Ms Berman said.

Opposition to the spraying in West Auckland has been increasing steadily during the past few weeks.

After the earlier helicopter campaign failed, the Ministry of Agriculture and Forestry began its triple-aircraft, multi-million-dollar attack on the moth in October.

Using a Fokker Friendship, a light plane and a twin-engined helicopter, the ministry is spraying every three weeks in a last-ditch attempt to wipe out the Aussie pest.

Biosecurity Minister Jim Sutton had no comment on Sir Geoffrey's involvement but Forest and Bird biosecurity officer Geoff Keey said he would be "astonished" if the operation was illegal.

"The anti-spray groups are wasting their money," he said.

"I think the Government would have been pretty certain to make sure what it was doing was lawful."

Mr Keey reiterated Forest and Bird's support for the spray operation.

Anti-spray campaigners have also asked Waitakere City to explore whether the spraying breaches the 1956 Health Act.

Ms Berman said that under the act, the Government was obliged to protect the health of citizens.

Waitakere City has asked its lawyers for a legal opinion but a spokesman said yesterday the council had yet to receive it.

Last night the council voted to pay $10,000 towards the campaign against spraying.

Sir Geoffrey is a specialist in constitutional law and a high-profile lawyer. He is a former Environment Minister, Attorney-General and Prime Minister.

* The moth was discovered in 1999. The Government says it poses a $50 million to $300 million threat to forestry and horticulture.

Herald feature: Environment