Campaigners distributing helium balloons to be tethered in the path of aircraft spraying painted apple moths are breaking the law, says an air safety official.
"Civil Aviation Authority rules specifically prohibit flying moored balloons in controlled airspace or in a manner that creates a hazard to aircraft," authority spokesman Bill Sommer said.
"If they are there specifically to cause a hazard, it's against the law, and a conviction under Section 44 of the Civil Aviation Act could leave a person facing up to a year in jail or a fine of up to $10,000."
West Aucklanders Against Aerial Spraying chairwoman Helen Wiseman-Dare told an anti-spray rally last month that the time had come for civil disobedience.
She urged campaigners to buy the yellow helium balloons and "float them high above your home on spray day".
But Mr Sommer said using the balloons defied common sense.
If an aircraft crashed, it could fall on friends, family or neighbours of the protesters.
Aircraft normally have to stay at an altitude of 300m or higher over built-up areas, but the CAA has allowed the spray aircraft to fly at 30m.
The Ministry of Agriculture and Forestry painted apple moth project director, Ian Gear, said people had threatened to shoot down the spray planes. "We don't want to play up the threat, but it concerns us," he said.
"Inciting such actions is illegal, and very irresponsible towards the community."
The next aerial spraying of a natural insecticide in the 8521ha zone infested with moth caterpillars is due to start on December 18.
Since September, the spray zone has covered more than 40,000 properties, after a smaller spray campaign over 700ha failed to wipe out the pest, which was discovered in 2000.
Now the Government is spending a further $90 million, in a three-year eradication programme that could eventually cover 12,000ha with a mix of ground spraying and aerial spraying of inaccessible vegetation.
A Fokker Friendship aircraft and a helicopter are used to spread a spray called Foray 48B, which opponents claim is a health risk.
Ms Wiseman-Dare said households in the path of the aerial spraying could cover their vegetable gardens with tarpaulins on spray days.
"This is guaranteed to get up [Agriculture Minister] Jim Sutton's nose," she said.
But Mr Gear said such action could prolong the programme.
- NZPA
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