Reckless Gene Technology Bill: An Attack on Local Democracy, Farmers, and Councils

Whangarei, Far North, Kaipara, and Auckland communities share the concerns of many New Zealanders about the controversial Gene Technology Bill, quietly released just days before Christmas 2024.

The Bill proposes removing all ethical considerations and the Precautionary approach to outdoor GE/ GMO applications and the authors of the Bill have failed to adequately consult with the farming sector.  In addition, the Bill proposes stripping local councils of their authority and jurisdiction in regard to outdoor GE experiments, field trials, and releases.

Removal of the authority of these councils would destroy what they have worked hard to achieve - much needed additional protection for the biosecurity of particular regions and the wider environment. These were put in place to address significant risks that would be faced by farmers and other ratepayers.

The Northland and Auckland Region, along with the Hastings District, are established GE Free food producing zones that provide protection from outdoor GE field trials, and releases.

"The Northland /Auckland Councils collaborated in a fiscally responsible manner to meet the needs of farmers and other ratepayers,  after robust public consultation over a period of many years. "

"The councils wisely prohibit the release of any Genetically Modified Organisms (GMOs) and make any EPA approved outdoor GE experiments and field trials a Discretionary activity, subject to liability provisions including the posting of bonds," said GE Free Northland spokesman Martin Robinson.

“We fully support council rules without which GM free primary producers, including conventional, IPM, and organic, would be at risk of serious financial consequences, if not the complete loss, of their valuable enterprises, in the case of GE contamination from EPA approved activities," said Robinson.  "We urge concerned Northlanders and Aucklanders to make a submission opposing the Gene Technology Bill by the deadline of 17 January 2025."

The proposals in the Coalition government's plans to remove the rights of councils to prohibit GMO activities are in clauses 248 to 253 of the Bill* (1).

“This is a political fight any government would be foolhardy to pick, given the huge backing from the Northland and Auckland communities, the significant biosecurity risks, the concerns of Kiwi farmers, and the importance of our existing valuable GE free status, says GE Free Northland spokesman Martin Robinson.

Councils' concerns about GE relate mainly to uncertainties over the economic, environmental, biosecurity, and socio-cultural risks, including risks to farmers and other primary producers.*(2)

Without a strict liability regime, unsuspecting third parties and local authorities are at risk of GE contamination. This would result in them being unable to sell their produce on the export market. The issue of liability for any adverse effects of GMOs grown in the area needs to be resolved before any outdoor experiments are permitted in Auckland/Northland Peninsula.

Instead of there being provisions in this Bill to compensate farmers for GE contamination, the opposite is proposed. Farmers and growers whose crops or stock are adversely affected must pay the clean up costs and suffer the losses of cancelled export orders. This would mean the loss of access to key markets and the current non-GMO market premiums they earn.  
There has been no economic cost-benefit analysis carried out in the Bill on the effects of GE contamination on our primary sector exports. 

"Farmers cannot afford to experiment with their income and livelihood. There’s no hardcore evidence to suggest anything is practical or feasible with this technology.  Co-existence between GE and other crops is impossible without significant contamination threshold levels, as documented in North America and other countries."

“Agriculture in New Zealand is worth around $56 billion in exports. Why would anyone in their right mind want to gamble all of that on something that might not even work and is highly likely to cause irreversible harm,” said horticulturist Zelka Grammer, GE Free Northland chair.

Analysis of the Bill has been carried out by a team of researchers from the University of Canterbury headed by Professor Jack Heinemann. Their area of expertise includes the biosafety of GMOs and risk assessment protocols. *(3)  This analysis indicates that a robust scientific case has not been made for the proposed reforms to gene technology law and that we would be much better off sticking with the current laws under the HSNO Act (1996). 

The right of communities to decide was confirmed by a landmark Environment Court decision in 2015. This decision gave councils the power, under the RMA, to control the outdoor use of GMOs in their regions.

The National Party's previous attempt to take away communities’ ability to ban or control GM releases in their territories was strongly opposed by farmers and all councils from South Auckland to Cape Reinga as well as Hastings District Council and its ratepayers.*(4)

GE Free Northland urges NZ First to no longer support the unscientific, unsafe, and economically risky proposals in this Bill, and to respect the right of councils to choose sustainable integrated planning. *(5)

"NZ's reputation in the global marketplace must be protected. GE crops have failed to perform overseas, with lower yields, higher herbicide use, and the creation of herbicide resistant invasive "super weeds".

"This combined with ongoing consumer and market aversion to GE food means that this is not the path NZ should go down. We must continue to protect our valuable "Northland, Naturally brand" and high value agricultural economy against GMO contamination," said Grammer. 

The operative Northland "Regional Policy Statement", Regional Plan, the Auckland Unitary Plan, and the Whangarei and Far North District Plans all have strong precautionary and prohibitive GE/GMO provisions, policies, and rules in place in keeping with the wishes of local farmers and other ratepayers. *(6)

Northland Regional Council is holding a workshop today at Whangārei council chambers in response to widespread concerns about the proposed legislative changes. *(7)