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Law
changes for new and genetically modified organisms
In 2003, the laws governing new organisms, including genetically modified organisms (GMOs) were amended in line with the Government’s overall policy of proceeding with caution with genetic modified while preserving opportunities. The new laws came into force on 30 October 2003.
Background to the laws changes for genetically modified organisms
In 2000, the Government established a Royal Commission on Genetic Modification to report on the issues around genetic modification in New Zealand. In its report to Government in July 2001 it recommended a precautionary approach which preserved options for the future along with 49 recommendations on how this might be achieved. The Government endorsed that approach and initiated a work programme across Government to implement the Royal Commission’s findings.
In September 2002 a public discussion paper Improving the Operation of the HSNO Act for New Organisms was released to seek views on changes that might be made to the Hazardous Substances and New Organisms Act (HSNO Act). Submissions on the discussion paper closed in November 2002. More than 1000 submissions were received and a summary of submissions has been prepared.
In February 2003 the Government announced its proposals for genetic modification regulation and the changes it wanted to make to the HSNO Act and related Acts. The proposals were drafted into legislation in the New Organisms and Other Matters Bill. The Bill included changes to four main pieces of legislation: the Hazardous Substances and New Organisms Act 1996; the Medicines Act 1981, the Agricultural Compounds and veterinary Medicines Act 1997 and the Biosecurity Act 1993.
The amendments covered the following areas:
- A new category of release for new organisms
- Strict civil liability and a civil penalties regime
- Contained research using low-risk GMOs
- Cloning & human cells
- Ministerial call-in powers
- Medicines
- Operational amendments.
The New Organisms and Other Matters Bill was introduced to Parliament on 29 April 2003 and had its first reading on 6 May 2003. Read the Minister’s speech “New Organisms and Other Matters Bill 2003, first reading”.
The bill was then referred to the Education and Science Select Committee, which held hearings of oral submissions between the end of June and mid-August.
The Select Committee reported back to the House of Representatives on 1 September 2003, recommending a number of amendments to the bill. Read the Education and Science Select Committee's recommendations.
Cabinet papers and minutes on legislative changes for new organisms
The policy on which the New Organisms and Other Matters Bill is based was contained in the following Cabinet papers. Minutes detailing the Cabinet decisions are also available. . The Cabinet decisions are summarised in CAB Min (03) 4/1 (PDF 22 KB).
- Paper 1: Overview (PDF 55 KB)
- Paper 2: Laboratory Research, Cloning and Human Cell Lines (PDF 59 KB)
- Paper 3: Streamlining the Approval Process for Medicines That Are or Contain New Organisms (PDF 217 KB)
- Paper 4: Conditional Release and Enforcement (PDF 203 KB)
- Paper 5: Liability Issues for GM (PDF 57 KB)
- Paper 6: Ministerial Call-In and Confidential Supporting Information (PDF 80 KB)
- Paper 7: Improving the Operation of the HSNO Act for New Organisms Including Zoo and Circus Animals (PDF 181 KB)
- Paper 8: Changes to more appropriately reflect the Treaty of Waitangi relationship under the HSNO Act (PDF 1.14 MB)
Some material may have been withheld under the relevant sections of the Official Information Act. The decision to withhold can be reviewed by means of a Complaint to an Ombudsman under Section 28 (3) of the Official Information Act.
