Reassessment
What's a reassessment?
A second look at the risks, costs and benefits of a substance approved under the HSNO Act. ERMA New Zealand may decide to change controls or conditions placed on an approval, or withdraw the approval altogether.
Anyone can ask the Authority to reassess a hazardous substance. This is a two step process:
- Firstly, grounds for reassessment must be established . This means the Authority must be satisfied there is good reason to re-evaluate the risks, costs and benefits of the original approval. In the case of 1080, an application for grounds for reassessment was submitted by the Animal Health Board in February 2002. The Authority decided there were grounds for reassessment because of significant new information relating to 1080 effect, and a significant change in the quantity of 1080 used since its initial registration. The Authority also acknowledged public concern over the 1080s use.
- Secondly, an application for reassessment must be prepared . The Animal Health Board and the Department of Conservation have jointly prepared and submitted the application to ERMA New Zealand for the reassessment of 1080 and formulations using 1080.
How does the reassessment process work?
External reassessment applications are treated in the same way as applications for approval of new substances.
Once received, applications are checked for completeness by ERMA New Zealand staff and notified for public submissions. Applications and submissions are reviewed and a report prepared for the decision-making committee.
With 1080, public hearings will be held where the decision-making committee will hear applicants and submitters before considering its decision.
The committee's decision is publicly notified within 30 working days after the hearing.
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What's the timetable for the 1080 reassessment?
The standard processing timeframe for an application is 100 working days. While every effort will be made to keep to the statutory timeframes, the Authority recognises 1080 use is a major issue for debate. Appropriate consideration for extending timeframes eg for lodging submissions) are provided for under the Act.
Why reassess 1080?
The Animal Health Board and Department of Conservation have asked for 1080 to be reassessed. An application for grounds for reassessment was submitted by the Animal Health Board in February 2002. The Authority decided that there were grounds for reassessment because of significant new information relating to the effects of 1080 and a significant change in the quantity of 1080 used since it was first registered. The Authority also acknowledged the level of public concern over the use of 1080.
How can I get involved in the reassessment of 1080?
A formal submission allows anyone (including other agencies and organisations) to directly participate in the decision-making process as parties to the application by giving you a legal right to be heard by the decision-making committee.
Submissions
Who can make a submission?
Any member of the public (or representatives of agencies or organisations) may make a submission on the application for the reassessment of 1080.
What information do I have to supply with my submission?
Before lodging your submission, you should review the information provided in the application. Generally, submissions should address issues raised in the application, eg effects, risks, costs and benefits of 1080 use in the context of the statutory framework of the HSNO Act, rather than be of a general nature.
A submission on the 1080 reassessment application must:
- be in writing (this includes emails or faxes)
- include your name and contact details
- state the reason for making the submission
- state whether you wish to be heard ie. attend a hearing
- relate directly to the application
A submission on the 1080 reassessment application may:
- identify and present an issue, opinion, or position which you want the Authority to be aware of
- provide information that you want the Authority to be aware of
- identify a need for additional information to address an issue
- state the decision you want.
What date do I have to get my submission in by?
The submission period for the reassessment of 1080 closes 31 January 2007
What if my submission is late?
Late submissions and invalid submissions may not be accepted.
What if my submission contains confidential information?
Confidential information supplied with submissions should be clearly identified, along with reasons why the information should be kept confidential. Confidential information will be filed separately and securely.
How do I know if my submission has been received?
All valid submissions are acknowledged in writing. If your submission does not include the required information, ERMA New Zealand will contact you to advise what is required to validate your submission.
Hearings
Will there be public hearings?
Yes. The primary objective of the hearings is to allow applicants and submitters to put before the Authority information relevant to the application so the Authority is fully informed on the application.
When will the hearings be?
Timing of hearings will depend on when ERMA New Zealand completes its evaluation and review of the application and submissions, which in turn depends on the volume and content of the submissions.
The date for the hearings must be arranged within 30 working days of the close of submissions, unless an extension of time is acceptable to all parties and ERMA New Zealand considers it mutually beneficial.
Where will the hearings be?
Hearing venues will depend on submissions received and the locations of submitters wishing to be heard. ERMA New Zealand will try to arrange accessible hearing to accommodate as many people as possible.
ERMA New Zealand are required to give all parties at least 10 working days' notice of hearing's date, time and venue.
Can I request to be heard at the hearing?
Yes. Submitters must indicate on their submission whether they wish to be heard. Submissions should touch on all issues intended to be raised at the hearing.
Can I present my submission in Māori?
Yes - as long as you notify ERMA New Zealand in advance (preferably on your submission).
If I request to be heard, how is the hearing conducted?
If you wish to be heard, you will be contacted prior to the hearing and provided with written guidelines on the conduct of the hearing, and \the committee's expectations of participants. Briefly, at the hearing you will be expected to summarise and highlight key parts of your evidence and to answer any questions. You will normally have a maximum of 15 minutes for a presentation (although longer times may be allowed at the discretion of the Chair upon prior application).
Information
How can I get a copy of the 1080 application?
The application can be provided on CD or hard copy. However, as the application is some 500 pages long, we encourage requests for the CD rather than the hard copy. Either:
- call ERMA New Zealand 0800 376 234.
- write to ERMA New Zealand at P O Box 131 Wellington
- email ERMA New Zealand at 1080@ermanz.govt.nz
- download a copy from our website
What information is available?
All publicly available information is provided with the application. However appendix B, which contains information on the proprietary ingredients of 1080 formulated products, is confidential to the applicant and ERMA New Zealand, and will not be publicly released.
How can I get hold of the scientific reports referenced in the application?
Under the Copyright Act, we are unable to make or supply copies of the papers referenced in the application. However, a hard copy of the references will be for reading at our Wellington office.
What is an Evaluation and Review Report?
An ERMA New Zealand-prepared report which consolidates information provided by applicants and submitters. ERMA New Zealand evaluates the information to identify the risks, costs, and benefits to give an opinion on its quality and credibility, identify gaps and analyse overlaps and conflicts. The report is submitted to the Authority for their consideration.
How do I get hold of the ERMA Evaluation and Review Report?
All submitters have the status of parties to all subsequent proceedings. They are entitled to attend the hearings and receive any relevant information, including the Evaluation and Review Report prepared by ERMA New Zealand. Submitters will be notified when the report is available.
Funding
Does ERMA New Zealand provide funding for submitters to help them prepare submissions?
No funding is available to individuals and/or groups to finance expert advice or research for the preparation of submissions.
Roles
Who are the applicants?
The application has been submitted jointly by the Animal Health Board and the Department of Conservation.
The Animal Health Board (AHB) is an umbrella organisation representing New Zealand Federated Farmers, New Zealand Deer Farmers Association, Meat New Zealand, New Zealand Dairy Board, New Zealand Game Industry Board and Local Government New Zealand. AHB's mission is to eradicate bovine tuberculosis (Tb) from New Zealand, to protect New Zealand's access to export markets for dairy, beef, and deer products.
The Department of Conservation (DoC) is the central government organisation charged with conserving the natural and historic heritage of New Zealand on behalf of and for the benefit of present and future New Zealanders.
Who and what is the Authority?
The Authority is an independent body comprising eight members set up under the HSNO Act to decide applications for hazardous substances and new organisms. Members are appointed by the Minister for the Environment, who must ensure the membership includes a balanced mix of knowledge and experience in matters likely to come before the Authority.
Who will be making the decision on the reassessment?
The decision will be made by a special decision-making committee of the Authority comprising four Authority members and two external experts.
Who or what is ERMA New Zealand?
ERMA New Zealand (the Agency) is the organisation whose staff provide administrative support and technical and scientific advice to the Authority.
The Agency processes the applications and administers the public consultation process. The role of the Agency is to evaluate and review the application and provide advice and guidance to the Authority through a report (the Evaluation and Review Report) for consideration by the decision-making committee.
What role does the Ministry for the Environment play in the reassessment process?
The Ministry for the Environment administers the HSNO Act, but does not have a role in making decisions on applications.
What influence does the Minister for the Environment have?
The Minister appoints Authority members, but is unable to influence the Authority's decisions on applications. However, the Minister can "call-in" an application considered to have significant cultural, economic, environmental, ethical, health, international or spiritual effects, or significant effects in an area where the Authority lacks sufficient knowledge or experience. The effect of a "call-in" is that the Authority (with appointed experts if necessary) conducts a public inquiry into the application and reports (with recommendations) to the Minister, who then makes the actual decision. The Minister has 30 days from the time an application is publicly notified to decide whether or not to call-in an application.
What is the function of Ngā Kaihautū Tikanga Taiao?
Ngā Kaihautū Tikanga Taiao is a Māori advisory committee appointed by the Authority. It provides advice and assistance to the Authority on matters relating to policy, process and applications from a Māori perspective.
Committee
Who appoints the decision-making committee? How are the members appointed?
Decision-making under the Act may be undertaken by the full Authority, or by a committee of the Authority appointed by the full Authority. In the case of the application for the reassessment of 1080, the Authority has appointed a special decision-making committee comprising four Authority members and two external experts.
Use of 1080
Can 1080 still be used while it is being reassessed?
1080 and products containing 1080 are approved for use under the HSNO Act with certain controls and conditions. 1080 can continue to be used in accordance with these controls and conditions unless and until they are changed by the reassessment.
Will there be any changes to the way 1080 is currently being used?
Any changes to the way 1080 is currently used will depend on the outcome of the reassessment.
Decision
How will I know what the Committee's decision is?
The decision will be publicly notified and all submitters notified in writing.
Contact
- Email: 1080@ermanz.govt.nz
- Phone: 0800 376 234
- Media enquiries: Helen Corrigan, 04 918 4835