Big win for GE-Free Northland

GE-Free Northland has finally won its day in court.

GE-Free Northland is delighted that what it describes as valuable precautionary GMO provisions in the Northland regional policy statement, and the organisation's democratic right to be GE-free, have been secured with Federated Farmers of NZ "finally" withdrawing two "vexatious" appeals to the Court of Appeal.

GE-Free Northland, along with appellant Whangarei District Council and other interested parties (including Tai Tokerau mana whenua and the Soil & Health Association), had successfully defended the right of local authorities to manage the outdoor use of GMOs in their region, after Federated Farmers sought a ruling in 2015 that the Northland Regional Council had acted outside the law, spokesman Martin Robinson said.

Since comprehensively losing its appeal to the 2015 Environment Court on all points of law, FFNZ had appealed to the High Court, then, after losing both, to the Court of Appeal.
While GE-Free Northland was delighted by the withdrawal, FFNZ had waited until three weeks before the Court of Appeal date to "finally make the right decision".

"In our view, FFNZ not only wasted their own members' hard-earned money and resources but Northland councils' and ratepayers' money as well," Mr Robinson said.

Federated Farmers had argued that the Environmental Protection Authority had sole responsibility for the regulation of GMOs under the Hazardous Substances and New Organisms Act, and disputed the right of councils to put in place precautionary GMO provisions, and the right of local mana whenua to identify Issues of Significance.

The broad suite of interested parties standing behind the Whangarei District Council, the robust existing case law (unequivocal decisions by both Principal Environment Court Judge Newhook in 2015 and Justice Mary Peters in the High Court last year) and recent amendments made to the RMA (confirming the High Court ruling) had led the federation to the view that they were likely to have materially reduced the prospects of the appeal succeeding, he said.

"Parliament acknowledged last April that local councils can regulate or ban outdoor use of GMOs under the Resource Management Act, in keeping with the wishes of farmers and other ratepayers," Mr Robinson added.

"Councils across New Zealand are now free to act on their duty of care to their constituents and the environment, putting in place a much-needed additional tier of local protection against the risks of outdoor use of GMOs.

"We urge Federated Farmers to withdraw their other outstanding vexatious appeals against the Whangarei and Far North District councils' excellent collaborative GMO plan changes, the Auckland unitary plan and the Hastings District plan in Hawke's Bay," GE-Free Northland chairwoman Zelka Grammer said.

"The right of the regions to create enforceable GE-free zones, and protect primary producers' access to key markets and premiums, must be protected."

Fonterra, Beef & Lamb NZ, Dairy NZ, Zespri, Pure Hawke's Bay, Local Government NZ, various councils, primary producers and many others had called for protection against Wellington imposing risky GE experiments or field trials in the regions, she added.

Meanwhile, Mr Robinson said GE-Free Northland welcomed the change of government, with all three parties (Labour, NZ First and the Green Party) committed to a zero tolerance policy in terms of GE content in imported seeds, protection of the country's biosecurity, the economy, wider environment, and the right of the regions to choose to stay GE-free.