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Official Information Act Request
Requester’s details
Date: 21 December 2021
Name: David Haynes
Email: [FYI request #17724 email]
Reference number: ENQ-43042-F8L1M0
Dear David
Thank you for your request received on 26 November 2021 for the following information:
“Al rules and regulations which allow or prohibit the spraying of Glyphosate herbicide
directly into or alongside freshwater bodies in New Zealand and any penalties that
may apply for derogation from these.”
Background
There are currently 89 different approvals for formulations of glyphosate-containing
substances in New Zealand.
Rules and regulations
Clause 52 of the
Consolidated Hazardous Substances Hazardous Property Controls Notice
2017 (the notice)
states that agrichemicals that are hazardous to the aquatic environment
must not be applied to water. Water in the context of the notice includes freshwater, coastal
water, and geothermal water.
This clause applies to 39 of the approvals of glyphosate containing substances in New
Zealand, meaning they cannot be used as aquatic herbicides.
Some hazardous substances are intended to be used as aquatic herbicides. In these
circumstances, the requirements of clause 52 of the notice do not apply. In the case of
glyphosate-containing substances in New Zealand, 50
1 of the approvals allow for the use of
1 One approval currently has controls that al ow use in water, another approval has controls that do not
allow it to be used in water, both were technical mistakes made during the change in hazard
classification systems and are being reversed via a section 67A amendment under the Hazardous
Substances and New Organisms Act 1996.
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the formulation in water. When clause 52 of the notice does not apply, clauses 62, 63 and 64
are invoked, requiring the person applying the substance to have specific qualifications.
The link to the notice is below:
https:/ www.epa.govt.nz/assets/Uploads/Documents/Hazardous-
Substances/GHS2/Consolidated_Hazardous_Substances_Hazardous_Property_Controls_N
otice_2017.pdf
In addition to following the controls as assigned and explained in the notice, users need to
follow any obligations under t
he Health and Safety at Work Act 2015 and
Health and Safety
at Work (Hazardous Substances) Regulations 2017. WorkSafe New Zealand is responsible
for enforcing obligations under the above.
Users also need to be aware of, and comply with, any requirements imposed through local or
regional plans.
The full controls of approved hazardous substances can be found using the database linked
below, it is best searched with the HSR number (EPA approval number) of a product which
can be found on the product or its safety data sheet:
https:/ www.epa.govt.nz/database-search/approved-hazardous-substances-with-controls/
Penalties
Of ences under the Hazardous Substances and New Organisms Act 1996 are listed under
section 109, and the penalties are listed under section 114.
You have the right to seek an investigation and review by the Ombudsman of this decision.
You can contact the Ombudsman on 0800 802 602, or by email at:
[email address]
If you have any further queries, please do not hesitate to contact us via:
[email address]
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We may publish your request and our response on our website,
www.epa.govt.nz. We make
OIA responses available so others can read more about the work we do and the questions
we are asked. Any information that might identify you wil be removed to protect your privacy.
Yours sincerely
Dr Christopher Hill
General Manager, Hazardous Substances and New Organisms
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Document Outline