6 March 2026
Ref: OIA 26022
Levonne Scott
[FYI request #33339 email]
Tēnā koe Levonne
I refer to your request for official information received on 14 February 2026:
Can you please tell me if polaris 450 has approval for aerial spraying over/in and on
waterways in a significant ecological area , a biodiversity focus area , with nationally
critically endangered species flora and fauna in a wetland in a coastal zoning with
epa
And if the surfactant Aquakynde has the approval to be aerial sprayed over /in and on
waterways in a significant ecological area , a biodiversity focus area , with nationally
critically endangered species flora and fauna in a wetland in a coastal zoning with
epa
I would also like to know the responsibility for aerial spraying agrochemicals during
nesting season, as was done in jan 25 causing major non target damage .
Polaris 450 and Aquakynde aerial spraying over, into or onto waterways
The Environmental Protection Authority (EPA) is the regulatory body responsible for
administering the Hazardous Substances and New Organisms Act 1996 (the HSNO Act).
Under the HSNO Act, hazardous substances must be approved before import and
manufacture. As a part of this approval process, controls are put in place to make sure that
the risks of using the substance are appropriately managed. These controls are listed on the
approval document.
Additionally, the EPA has published the EPA Notices, which provide for a set of standard
rules that must be followed when importing, manufacturing, and using hazardous
substances. The most relevant in this case is t
he Hazardous Substances (Hazardous
Property Controls) Notice 2017 (HPC Notice), although the other Notices must also be
complied with.
The substance (product) Polaris 450 is approved under HSR000227, and it may be applied
through aerial methods as there is no restriction to ground use only.
The approval includes a control variation that exempts the substance from compliance with
clause 52 of the HPC Notice. Clause 52 prohibits the direct application of agrichemicals that
are hazardous to the aquatic environment into or onto water as part of the environmental
protection controls applied to agrichemicals.
Where a substance approval specifically provides an exemption from clause 52, the product
may be applied directly into or onto water in accordance with its HSNO approval controls.
The approval also includes a control variation that requires qualifications for application onto
or into water. Where the substance is applied into or onto water and the water has the
potential to leave the place containing the application area, anyone applying the substance
must hold certain qualifications. Clauses 62, 63 and 64 of the HPC Notice apply as Polaris
450 has a hazard classification of hazardous to the aquatic environment acute Category 1.
These clauses detail the qualifications required for anyone applying a substance, if the
substance is applied into or onto water.
Under clause 62(3) a person must not apply the substance aerially (other than from an
unmanned aircraft), unless the person holds a current aerial topdressing rating, aerial
spraying rating, or aerial vertebrate toxic agent rating issued under Part 61 of the Civil
Aviation Rules.
Under clause 62(4) a person must not apply the substance aerially from an unmanned
aircraft, unless the person is operating under the authority of, and in accordance with the
terms of, a valid unmanned aircraft operator certificate under Part 102 of the Civil Aviation
Rules.
Aquakynde is a surfactant mixture included in pesticide formulations. It is itself approved for
import and manufacture under t
he Additives Process Chemicals and Raw Materials
Subsidiary Hazard Group Standard 2020 (HSR002503), and is typically formulated with other
substances and an active ingredient to manufacture a product formulation before application.
This product formulation is also considered a hazardous substance and would have its own
approval with controls, which may or may not allow aerial application. This cannot be
determined based on the information you have supplied.
Aerial spraying in significant ecological areas
When applying agrichemicals, all reasonable steps must be taken to ensure they don't cause
significant harm to the environment beyond the area where it is being applied (the target
application area). This includes preventing damage to non-target plants, animals, or insects,
or water and soil contamination outside the application area.
The HSNO Act, the Resource Management Act and local council bylaws have hazardous
substances rules to protect people and the environment in non-workplaces and for the
disposal of hazardous substances. These rules are enforced by local, city, district, and
regional councils.
Councils are responsible for deciding what activities, including aerial spraying of
agrichemicals, need resource consent. Activities that do not need a resource consent are
classified as permitted. Queries about aerial spraying of agrichemicals are best directed to
the relevant council.
Aerial spraying during nesting season
You have stated: ‘
I would also like to know the responsibility for aerial spraying
agrochemicals during nesting season, as was done in jan 25 causing major non target
damage’.
I understand that you were in contact last year with my colleague Jackie Adams, Compliance
and Investigations Manager, about aerial spraying over the Te Henga Wetlands. I assume
this is the incident you are referring to. I am advised that Jackie arranged a meeting on 1 July
2025 with you and the Auckland Council to discuss your concerns and explain the roles and
responsibilities of the EPA and Auckland Council.
The responsibility for aerial spraying of agrichemicals once they have a HSNO approval sits
with councils. As detailed above, and as covered in your previous communications with
Jackie Adams, councils are responsible for deciding what activities (including aerial spraying
of agrichemicals) are permitted in their regions, when these activities can take place, and if
resource consent is needed. Because resource consents for aerial spraying over the Te
Henga Wetlands in 2025 were granted by the Auckland Council, the Auckland Council is
responsible. Any further queries on this matter should be directed to the Auckland Council.
I hope this information is helpful. You have the right to seek an investigation and review by
the Ombudsman of this decision under section 28(3) of the OIA. You can contact the
Ombudsman on 0800 802 602, or by email at
[email address]
You have the right to seek an investigation and review by the Ombudsman.
If you have any further queries, please do not hesitate to contact us via
[email address]
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.
Nāku noa nā
Dr Lauren Fleury
Manager, Hazardous Substances Applications
