The following guiding principles will be applied in the making of decisions. Many of these principles are laid down in the Act and in the Order-in-Council. However, ERMA New Zealand's Authority has developed additional principles to guide the decision-making process.
Guiding Principles set down in the HSNO Act:
- Determinations by the Authority shall be consistent with the purpose
of the Act which is:
to protect the environment and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. (Section 4 of the Act);
- Determinations by the Authority will recognise and provide for the following principles relevant to the purpose of the Act: the safe-guarding of the life supporting capacity of air, water, soil and ecosystems;
- the maintenance and enhancement of the capacity of people and communities to provide for their own economic, social and cultural well being and for the reasonably foreseeable needs of future generations. (Section 5 of the Act);
- Determinations by the Authority shall take account of the following
matters relevant to the purpose of the Act:
- the sustainability of all native and valued introduced flora and fauna;
- the intrinsic value of ecosystems;
- public health;
- the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, valued flora and fauna and other taonga;
- the economic and related benefits to be derived from the use of a particular hazardous substance or new organism;
- New Zealand's international obligations.(Section 6 of the Act).
- Determinations by the Authority shall take into account the need for caution in managing adverse effects where there is scientific and technical uncertainty about those effects. (Section 7 of the Act);
- Determinations by the Authority shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).(Section 8 of the Act);
- In making determinations, the Authority shall consistently apply this Methodology. (Section 9(1) of the Act);
- Determinations made by the Authority will be in accordance with specific
requirements laid down in the Act and its regulations including:
- Sections 34, 35, 36, 37 and 38, on assessment of Hazardous Substancesfor importation or release;
- Section 39, relating to Hazardous Substancesin containment;
- Sections 47 and 48, on the use of hazardous substances and Hazardous Substancesin emergencies;
- Section 50, on prohibited organisms;
- Section 51, on transhipment of substances and organisms;
- Sections 52 to 61, on assessment procedures including public notification, hearings and information requirements;
- Sections 62 and 63, on reassessment of substances and organisms;
- Section 77, on controls; " Section 87 to 96 on transferable permits and environmental user charges.
For more information on Guiding Principles applied in the making of decisions see Annotated Methodology (policy) [pdf - 285 kb].