Waikato crisis talks on spraying

By ANNE BESTON environment reporter

Biosecurity officials held emergency talks with lawyers yesterday as they prepared to fight a legal challenge to a planned $11 million battle against a moth pest in Hamilton.

A group opposed to the aerial insecticide campaign against the asian gypsy moth has taken its case to the High Court at Hamilton, where an urgent hearing will be held today on whether the planned operation should be grounded.

Spraying is due to begin tomorrow, covering 1250ha of Hamilton West suburbs.

Ministry of Agriculture and Forestry forest biosecurity director Peter Thomson met lawyers from the Crown Law Office to discuss the legal action. The lawyers will attend today's hearing on behalf of MAF.

Mr Thomson would not comment on the likelihood that the Waikato Against Toxic and Chemical Hazards (Watch) group's High Court case would be successful.

But if an injunction were to be granted, it would have serious implications for future efforts to keep alien pests out of New Zealand.

"Aerial spraying is an important tool for us to have for these high-risk pests that have the ability to spread over a wide area," he said.

Watch spokesman Phil Evans said the group's case was based on the health effects of the Btk spray, MAF's lack of consultation and that just one male moth had been found.

"We are confident of success. We are doing everything we can in a legal and professional manner because there are a lot of very angry and frustrated people here," he said.

It is not the first time spray opponents have challenged MAF's right to douse thousands of households with the Foray 48B insecticide.

The ministry has met strong community opposition to its $90 million aerial spray programme against the Aussie pest painted apple moth in West Auckland that has dragged on for three years.

Auckland spray opponents were unable to raise the money for a High Court case but did succeed in getting an opinion from New Zealand constitutional law expert Sir Geoffrey Palmer that aerial spraying could be open to legal challenge.

It is now crunch time for the West Auckland campaign as MAF said yesterday that it would crank up its efforts to eradicate the moth with two more blanket spraying operations over the next month.

Targeted spraying over 900ha has been carried out during winter but the bigger operation will cover 6500ha.

No moths have been caught over winter, but warmer spring weather means any still alive will begin to breed.

The public opposition in Hamilton to the planned gypsy moth operation means MAF will be desperately hoping its efforts against the painted apple moth have been successful.

Although the ministry has sounded confident over the past few months, project director Ian Gear was more cautious yesterday.

"We have made provision for occasional 'hot spots' of moths to turn up and while we're hoping none will, we will simply move to address those as we find them," he said.

The West Auckland blanket spraying is due to be carried out on October 21 and November 11.

Dr Francesca Kelly, who will head the Hamilton health support programme, has said she expects "between 20 to 60" people may need to leave their homes if spraying starts.

Moth battlefronts

Asian gypsy moth

* Maf intends to spray 1250ha of Hamilton West suburbs at a cost of $11 million.

* It has been accused of overkill after just one male moth was found in April this year.

* Spray opponents have mounted a legal challenge.

Painted apple moth

* Maf plans two aerial sweeps over West Auckland with Foray 48B insecticide, covering 6500ha and beginning this month.

* The battle against the moth has been going for almost four years. The original $13 million budget was boosted to $90 million when blanket spraying began last year.