Legal Issues

Page No. Source Quotes from Decision Documents
2 6 Nga Kaihautu Tikanga Taiao “genuine consultation involves ‘the statement of a proposal not yet finally decided upon, listening to what others have to say..’
3 1 Nga Kaihautu Tikanga Taiao “Nga Kaihautu could find little evidence..that an appropriate process and sufficient time was used during the consultation hui to discuss outcomes of significance to Maori, and options for mitigating potential adverse effects. This is supported by a lack of information in the Application relating to these outcome areas. Nga Kaihautu believes that this was a significant lost opportunity to provide this information to the ERMA decision making committee who has a legal duty to incorporate this information into Part V decision making”
3 2 Nga Kaihautu Tikanga Taiao “the ERMA Committee has a legal duty to incorporate this information [from consultation] into decision making”
3 4 Nga Kaihautu Tikanga Taiao “Nga Kaihautu considers there were significant shortcomings in the consultation process”
290 1 Agency App. A “[Decision Path]..Is this information sufficient to proceed? [if no, seek additional information, if still not sufficient, decline application]”
485 3 Agency App. F “[the Otago Regional Council] does not screen bait used for rabbit control.”
485 5 Agency App. F “[the Otago Regional Council’s rationale for not screening and dense bait distribution]..native birds which could be deemed at risk, are not usually present in the type of country where rabbit control takes place.”
485 6 Agency App. F “treated oats are also used for rabbit control and their use on land under DoC management is not allowed due to the high risk to non-target native species”
580 4 Agency App. J: Cullen “Given the importance the HSNO Act..attaches to identifying and considering benefits and costs the Application is amateurish in the way it addresses those issues..high quality economic research [is required] to ensure that informed decisions can be reached..the Application, regrettably, does not provide quality economic analysis and fails to cite existing relevant economic research”
631 1 Agency App. L: Current controls “The applicant [to the Ministry of Health, to apply 1080 in an area where public health is at risk] must specify the maximum and minimum time periods during which the majority of the bait may be toxic, after application. The person acting under delegation from the Authority..must be advised in writing, when baits have ceased to become toxic” (current control (pre-decision) therefore should be plenty of data on this)
646 1 Agency App. L: Current controls “[In the Otago Regional Council’s area, and some others] aerial application of 1080 is permitted, [provided] the discharge is carried out in accordance with any manufacturers’ directions”
93 2 Applicants’ references “Ecological consequences derive from both mammal population reduction..and..using toxins..Scientists [in NZ] have not examined the net ecological outcomes..key conservation legislation demands that [managers] do so” (Innes & Barker, 1999)
2 2 Submitter 8529 “The U.S. Manufacturer’s instructions say 1080 should be kept out of waterways..[and] only used in secure bait stations and burrows in the ground”
3 1 Submitter 9078 “the manufacturer makes quite specific recommendations about the use of the baits treated with this poison: as a ground baiting toxin only..avoidance of availability to the general public is urged as is the need for careful disposal of the bodies of poisoned pests”
4 1 Submitter 9332 “NZDA..believes that ERMA’s governing legislation compels the authority to consider the definition and application of the term ‘valued introduced fauna’, as that term is used in section 6(a) of the HSNO Act..the Act governing the authority specifically mentions them”
21 2 Committee Decision “submitters…challenged the adequacy of research into [1080’s] environmental impact”
23 1 Committee Decision “the approach..adopted by the Committee was to..establish the hazard classifications” (2nd out of 11 steps in accordance with the Methodology)
27 1 Committee Decision “when reviewing the issues…the Committee has focused on the…. [Treaty] principles of partnership, participation and protection”
33 1 Committee Decision [Hazard classification table, cereal pellets are not considered toxic to terrestrial invertebrates]
35 4 Committee Decision “Regional Councils and DoC have statutory responsibilities for conserving biodiversity values”
121 1 Committee Decision “If [scientific and technical] uncertainty cannot be resolved, Clause 30 requires the Authority to take into account the need for caution in managing the adverse effects of the substances”
121 3 Committee Decision “uncertainty has been taken into account…..in establishing the new management regime”
170 1 Decision App. A “[legal bait specifications]..Blue or green…maximum concentration 2g 1080 per kg, chaff..less than 1.5% of the total weight”
186 1 Decision App. A “The loading area [for aerial operations]..must be decontaminated; or fenced..signs and fence must remain until the place is decontaminated”