Treaty of Waitangi and genetic modification
New Zealand’s Royal Commission on Genetic Modification investigated the Crown’s responsibilities under the Treaty of Waitangi in relation to genetic modification issues. They recommended that the Hazardous Substances and New Organisms (HSNO) Act 1996 be amended to give effect to the principles of the Treaty of Waitangi.
The Government agreed to amend the HSNO Act to more appropriately reflect the Treaty of Waitangi relationship and in 2002 set up a Māori Reference Group to assist with this. The Government considered the Māori Reference Group's report, along with the advice of officials, and decided to make legislative changes to the Act, and also to introduce practical changes to the way the application and decision-making processes work.
The HSNO Act has been amended to give greater emphasis to the knowledge and experience of Māori values by those involved in the decision making process on new organisms, including genetically modified organisms. It does this by adding knowledge of the Treaty of Waitangi and tikanga Māori to the range of expertise and experience the Minister considers when appointing members of the Authority.
As well, Nga Kaihautu Tikanga Taiao (the body that advises the decision-making body, the Environmental Risk Management Authority, on Māori issues) is given a statutory basis within the Act. Previously there was no requirement in law for the Authority to have a Māori advisory committee, but this has been changed to make it mandatory.
The Government is also encouraging a series of initiatives aimed at establishing better lines of communication between Māori and potential applicants for new organisms’ research. These include initiatives to improve the engagement of Māori early on in the development of research programmes that may lead to an application to the Authority, and extending work already underway on developing a network of Māori representatives on the Institutional Biological Safety Committees (IBSCs). The IBSCs are delegated by the Environmental Risk Management Authority to make decisions on applications involving certain low-risk genetically modified organisms in containment.
Last updated: 17 September 2007
