$10m fines to back GE laws

By FRANCESCA MOLD and ANNE BESTON

Researchers who break new rules governing the conditional release of genetically modified organisms could face a civil law suit or a fine of up to $10 million.

The Government yesterday confirmed it would proceed with its long-signalled plan to change the law so that officials have the power to approve the conditional release of GM organisms.

The conditions, applied on a case-by-case basis, could include restricting the location and size of GM crops, not allowing flowering to avoid contamination, importing only one sex of an animal to avoid breeding and ensuring medical experiments are carried out under strict monitoring.

The Government also announced the introduction of a strict civil liability and penalty regime so that scientists who caused environment damage or other harm by breaching the conditions of their research could be sued or fined.

Environment Minister Marian Hobbs said the liability regime would send a strong message to researchers that they would face severe consequences if they broke the rules.

"We will take you out and penalise you. And it won't be with a wet bus ticket."

Ms Hobbs said the new law would make it easier for people to take legal action because they would only have to show the conditions had been breached. They would not have to prove negligence. The maximum penalties are yet to be set, but are likely to be up to $10 million or a percentage of the expected commercial gain of the research.

Yesterday's announcement came as no surprise to anti-GM campaigners because the Government had signalled its intention to change GM rules since a Royal Commission recommended proceeding with caution in 2001.

Genetic modification has been an intensely controversial issue for the past couple of years, with strong community and political opposition to any relaxation of the rules.

The issue heated up in the run-up to last year's election when the Green party refused to support any Government that lifted a moratorium on commercial release of GM.

Concern intensified when activist Nicky Hager released a book during the election campaign alleging a contaminated corn crop had already been grown in New Zealand.

The Government believes the changes it is making will strike a balance between reaping the social and economic benefits of GM technology and protecting individuals and the environment from harm. But Green co-leader Jeanette Fitzsimons said it was simply a sign that the Government was continuing to ignore public opposition to GM in the field, food or environment.

She said some of the first applications under the new conditional release category could include GM maize and corn crops, potatoes with pest resistant properties and potatoes which incorporated a vaccine.

Ms Fitzsimons said the new GM laws would not protect the public from the mistakes of "genetic engineers". The liability regime was "weak and disappointing".

Anti-GM group the Sustainability Council of NZ said the Government had left innocent victims to fend for themselves if a GM release caused harm.

"It has gone against international commitments given in August to make the polluter pay," said the council's executive director Simon Terry.

The Green party said it would try to influence the proposed law changes when they reached the select committee stage in April. The Government hopes to have the amendments passed in time for the lifting of the GM moratorium in October.

Ms Hobbs said the law changes simply set up a framework and were not intended to make any decisions about the release of GM organisms in New Zealand.

The new conditional release category would just be another option for researchers other than fully contained laboratory experiments and full commercial release.

State-owned Crop and Food spokesman Howard Bezar said his organisation was particularly pleased that researchers would be able to propose their own rules for field trials in consultation with ERMA. Crop and Food has been discussing GM potato trials for at least two years but Mr Bezar could not say when those trials might begin once the legislation was passed.

Pro-GM Life Sciences Network chairman Dr William Rolleston was also happy with the Government's plans but his group would not be leaving anything to chance.

"Now it comes to the next critical phase which is the actual legislation and we will be deeply involved in the select committee process," he said.

MAIN CHANGES

* A new conditional release category will allow GM organisms to be released under strict conditions.

* Researchers who breach the release conditions can be sued or fined.

* The approval process for laboratory experiments with low-risk GM organisms will be streamlined.

* The law will be tightened to stop tissue samples of animals not present in New Zealand being imported and used to clone whole animals.

* A new fast-track system will be set up for the quick approval of medicines and vaccines needed in an emergency.

* The Environment Minister's ability to step in to decide on the introduction of new hazardous substances or organisms has been extended to include consideration of cultural, spiritual or ethical effects such an introduction would cause.

Herald feature: Genetic Engineering