πΌ New Species and Organisms (Regulation of)
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[history] => Early regulation of the importation of plants and animals into New Zealand was concerned with preventing the introduction or spread of diseases. A variety of legislation was passed during the nineteenth century controlling the importation of sheep and cattle.[1] The protection of agricultural interests was also the focus of the first piece of legislation to regulate the introduction of new species of animals.
The Protection of Animals Act 1867 set out a list of animals barred from importation, including the fox, vulture or any venomous reptile. The specified animals were those perceived as posing a risk to agriculture. This was further reinforced by the Animals Importation Prohibition Act 1876 which empowered the government to prohibit an introduction if it would pose a threat to agriculture. Similarly the Animals Protection Act 1880 contained a list of prohibited animals, and also provided for a £100 fine or six months imprisonment as penalty for offenders.
The Colonial Secretary was initially responsible for the implementation of the various statutes regulating the importation of plants and animals. The Stock Department, or Cattle and Sheep Department, and the Agriculture Department were branches attached to the Colonial Secretary’s Office carrying out the administration of the legislation. From 1885 the Stock and Agriculture branches became part of the Crown Lands Department, before being transferred in 1892 to the newly formed Department of Agriculture .[2] This body then became responsible for the administration of the various acts to regulate the entry of plants and animals into the country.
Further restrictions on the introduction of animals were implemented with the Animal Protection Amendment Act 1895. The Government controlled the introduction of animals, with the legislation providing that no species were to be released in New Zealand without the consent of the Minister of Agriculture. Prior to the 1895 legislation new species had frequently been introduced by Acclimatisation Societies, intent on the improvement of the environment. The Act did not bring a halt to all such introductions, but consent requirements meant that they were subject to some degree of assessment and regulation. The Stock Act 1908 retained the ministerial consent requirements for the introduction of new species.
Regulation of the introduction of plants developed more slowly, with the initial focus again being the protection of New Zealand agriculture. The Codlin Moth Act 1884 and the Orchard and Garden Pests Acts 1896 and 1903 each authorised the Governor to impose a general prohibition on the importation of fruit and fruit trees if they were likely to cause the spread of disease to New Zealand orchard stock. The Orchard and Garden Diseases Act 1908 further extended the range of excludable plant life.
In 1910 the Department of Agriculture was amalgamated into the Department of Agriculture, Commerce and Tourists. This new Department took over the regulation of the introduction of new species for two years before it in turn was abolished and replaced by the Department of Agriculture, Industries and Commerce in 1912. More reforms lead to the abolition of that agency in 1919, and the creation of the Department of Agriculture. These successive agencies continued the administration of Acts relating to the introduction of new species.
The first legislation to specifically regulate the introduction of new species of plants was the Introduction of Plants Act 1927. The Act prohibited the introduction of all noxious weeds, and required the written permission of the Minister for the importation of any plant not commonly grown or imported into New Zealand.
The Animals Act 1967 retained a similar structure to the Stock Act 1908, by which the introduction of certain specified animals was entirely prohibited, while the introduction of any other organism was prohibited without the written consent of the Director-General of Agriculture. The Plants Act 1970 also maintained control of the importation process, making it an offence to introduce plants or plant material into New Zealand except in accordance with regulations created under the Act.
The Department of Agriculture was responsible for the administration of these Acts until its abolition in 1972. The newly formed Ministry of Agriculture and Fisheries took over this function until it was replaced by a restructured Ministry of Agriculture and Fisheries in 1987. Another series of reforms occurred in the Ministry in 1992, before it was abolished in 1995, and replaced by the Ministry of Agriculture. Throughout this period the responsibility for the administration of the Plants Act and the Animals Act was passed between these successive agencies.
During the 1990s concerns developed over the manner and level of regulation of new organisms, particularly of Genetically Modified Organisms (GMOs). The framework for management of GMOs prior to 1996 was non-legislative and voluntary. Development work was overseen by the Advisory Committee on Novel Genetic Techniques. Field tests were dealt with by Interim Advisory Group at the Ministry for the Environment. The recommendations of these committees were submitted to the Minister for the Environment for approval.[3] However the decisions and recommendations of these bodies were not binding on the applicants.
Substantial reforms to the management of new plant and animal introduction began with the passage of the Hazardous Substances and New Organisms Act 1996 (HSNO Act). This Act restructured and consolidated the legislative framework provided by a number of pieces of legislation. The HSNO Act replaced the Plants and Animals Acts in respect of the introduction of new species. In addition the HSNO Act established a legislative management framework for GMOs.
The HSNO legislation was implemented gradually from 1996, with those elements of the Act relating to new organisms coming into effect in July 1998.[4] Under this legislation new plant or animal species and GMOs were re-classified as new organisms, and a regulation system was established for those wanting to import them into New Zealand. The Act also established the Environmental Risk Management Authority (ERMA), as a branch of the Ministry for the Environment. ERMA was given responsibility for the administration of the HSNO Act, and responsibility for the regulation of the introduction of new species was transferred to that body from the Ministry of Agriculture. The non-binding regulatory oversight provided by the Ministry for the Environment regarding GMOs was replaced by a statutory scheme for regulating their introduction and control. Previous approvals were transferred to the new legal regime and a review by ERMA New Zealand was undertaken to ensure consistency with HSNO requirements.
Relevant Legislation
Protection of Animals Act 1867
Animals Importation Prohibition Act 1876
Animals Protection Act 1880
Codlin Moth Act 1884
Animal Protection Amendment Act 1895
Orchard and Garden Pests Act 1896
Orchard and Garden Pests Act 1903
Stock Act 1908
Orchard and Garden Diseases Act 1908
Introduction of Plants Act 1927
Orchard and Garden Diseases Act 1928
Animals Act 1967
Plants Act 1970
Hazardous Substances and New Organisms Act 1996
Endnotes
[1] For instance the Diseased Cattle Acts 1861, 1871, 1873 and 1881, the Diseased Sheep Acts 1876 and 1878
[2] Tony Nightingale, ‘White Collars and Gumboots: A History of Agriculture and Fisheries’ Dunmore Press Ltd, 1992, p 9
[3] Environmental Risk Management Authority website http://www.ermanz.govt.nz/about/decisions-preerma.asp, (accessed 27/07/2004)
[4] New Zealand Official Yearbook 2002, p 366
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Show History
Early regulation of the importation of plants and animals into New Zealand was concerned with preventing the introduction or spread of diseases. A variety of legislation was passed during the nineteenth century controlling the importation of sheep and cattle.[1] The protection of agricultural interests was also the focus of the first piece of legislation to regulate the introduction of new species of animals.
The Protection of Animals Act 1867 set out a list of animals barred from importation, including the fox, vulture or any venomous reptile. The specified animals were those perceived as posing a risk to agriculture. This was further reinforced by the Animals Importation Prohibition Act 1876 which empowered the government to prohibit an introduction if it would pose a threat to agriculture. Similarly the Animals Protection Act 1880 contained a list of prohibited animals, and also provided for a £100 fine or six months imprisonment as penalty for offenders.
The Colonial Secretary was initially responsible for the implementation of the various statutes regulating the importation of plants and animals. The Stock Department, or Cattle and Sheep Department, and the Agriculture Department were branches attached to the Colonial Secretary’s Office carrying out the administration of the legislation. From 1885 the Stock and Agriculture branches became part of the Crown Lands Department, before being transferred in 1892 to the newly formed Department of Agriculture .[2] This body then became responsible for the administration of the various acts to regulate the entry of plants and animals into the country.
Further restrictions on the introduction of animals were implemented with the Animal Protection Amendment Act 1895. The Government controlled the introduction of animals, with the legislation providing that no species were to be released in New Zealand without the consent of the Minister of Agriculture. Prior to the 1895 legislation new species had frequently been introduced by Acclimatisation Societies, intent on the improvement of the environment. The Act did not bring a halt to all such introductions, but consent requirements meant that they were subject to some degree of assessment and regulation. The Stock Act 1908 retained the ministerial consent requirements for the introduction of new species.
Regulation of the introduction of plants developed more slowly, with the initial focus again being the protection of New Zealand agriculture. The Codlin Moth Act 1884 and the Orchard and Garden Pests Acts 1896 and 1903 each authorised the Governor to impose a general prohibition on the importation of fruit and fruit trees if they were likely to cause the spread of disease to New Zealand orchard stock. The Orchard and Garden Diseases Act 1908 further extended the range of excludable plant life.
In 1910 the Department of Agriculture was amalgamated into the Department of Agriculture, Commerce and Tourists. This new Department took over the regulation of the introduction of new species for two years before it in turn was abolished and replaced by the Department of Agriculture, Industries and Commerce in 1912. More reforms lead to the abolition of that agency in 1919, and the creation of the Department of Agriculture. These successive agencies continued the administration of Acts relating to the introduction of new species.
The first legislation to specifically regulate the introduction of new species of plants was the Introduction of Plants Act 1927. The Act prohibited the introduction of all noxious weeds, and required the written permission of the Minister for the importation of any plant not commonly grown or imported into New Zealand.
The Animals Act 1967 retained a similar structure to the Stock Act 1908, by which the introduction of certain specified animals was entirely prohibited, while the introduction of any other organism was prohibited without the written consent of the Director-General of Agriculture. The Plants Act 1970 also maintained control of the importation process, making it an offence to introduce plants or plant material into New Zealand except in accordance with regulations created under the Act.
The Department of Agriculture was responsible for the administration of these Acts until its abolition in 1972. The newly formed Ministry of Agriculture and Fisheries took over this function until it was replaced by a restructured Ministry of Agriculture and Fisheries in 1987. Another series of reforms occurred in the Ministry in 1992, before it was abolished in 1995, and replaced by the Ministry of Agriculture. Throughout this period the responsibility for the administration of the Plants Act and the Animals Act was passed between these successive agencies.
During the 1990s concerns developed over the manner and level of regulation of new organisms, particularly of Genetically Modified Organisms (GMOs). The framework for management of GMOs prior to 1996 was non-legislative and voluntary. Development work was overseen by the Advisory Committee on Novel Genetic Techniques. Field tests were dealt with by Interim Advisory Group at the Ministry for the Environment. The recommendations of these committees were submitted to the Minister for the Environment for approval.[3] However the decisions and recommendations of these bodies were not binding on the applicants.
Substantial reforms to the management of new plant and animal introduction began with the passage of the Hazardous Substances and New Organisms Act 1996 (HSNO Act). This Act restructured and consolidated the legislative framework provided by a number of pieces of legislation. The HSNO Act replaced the Plants and Animals Acts in respect of the introduction of new species. In addition the HSNO Act established a legislative management framework for GMOs.
The HSNO legislation was implemented gradually from 1996, with those elements of the Act relating to new organisms coming into effect in July 1998.[4] Under this legislation new plant or animal species and GMOs were re-classified as new organisms, and a regulation system was established for those wanting to import them into New Zealand. The Act also established the Environmental Risk Management Authority (ERMA), as a branch of the Ministry for the Environment. ERMA was given responsibility for the administration of the HSNO Act, and responsibility for the regulation of the introduction of new species was transferred to that body from the Ministry of Agriculture. The non-binding regulatory oversight provided by the Ministry for the Environment regarding GMOs was replaced by a statutory scheme for regulating their introduction and control. Previous approvals were transferred to the new legal regime and a review by ERMA New Zealand was undertaken to ensure consistency with HSNO requirements.
Relevant Legislation
Protection of Animals Act 1867
Animals Importation Prohibition Act 1876
Animals Protection Act 1880
Codlin Moth Act 1884
Animal Protection Amendment Act 1895
Orchard and Garden Pests Act 1896
Orchard and Garden Pests Act 1903
Stock Act 1908
Orchard and Garden Diseases Act 1908
Introduction of Plants Act 1927
Orchard and Garden Diseases Act 1928
Animals Act 1967
Plants Act 1970
Hazardous Substances and New Organisms Act 1996
Endnotes
[1] For instance the Diseased Cattle Acts 1861, 1871, 1873 and 1881, the Diseased Sheep Acts 1876 and 1878
[2] Tony Nightingale, ‘White Collars and Gumboots: A History of Agriculture and Fisheries’ Dunmore Press Ltd, 1992, p 9
[3] Environmental Risk Management Authority website http://www.ermanz.govt.nz/about/decisions-preerma.asp, (accessed 27/07/2004)
[4] New Zealand Official Yearbook 2002, p 366
- π’ Environmental Protection Authority (2011 ‑ )
- π’ Environmental Risk Management Authority (1998 ‑ 2011)
- π’ Ministry of Agriculture, Head Office (1995 ‑ 1998)
- π’ Ministry for the Environment, Head Office (1986 ‑ 2011)
- π’ Ministry of Agriculture and Fisheries, Head Office (1972 ‑ 1987)
- π’ Department of Agriculture, Head Office (1920 ‑ 1972)
- π’ Crown Lands Department, Head Office (1885 ‑ 1891)
- π’ Department of Agriculture, Head Office (1892 ‑ 1909)
- π’ Department of Agriculture, Commerce, and Tourists, Head Office (1909 ‑ 1912)
- π’ Department of Agriculture, Industries, and Commerce, Head Office (1913 ‑ 1919)
- π’ Department of Internal Affairs, Head Office (1867 ‑ 1885)
- π Colonial Secretary (1867 ‑ 1885)
- π Environment (1996 ‑ )
- π Agriculture (1) (1892 ‑ 1972)