13 February 2026
Ref: OIA 26004
David
[FYI request #33487 email]
Tēnā koe David
I refer to your request for information received on 12 January 2026 relating to the use of
glyphosate near waterways. I address your questions in turn below but would first like to
provide some general information.
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 th
e Hazardous Substances (Hazardous Property Controls)
Notice 2017 (HPC Notice), though the other Notices must also be complied with. The HPC
Notice sets rules to protect the environment from hazardous substances, including
requirements for the use and storage of hazardous substances at non-workplaces, as well as
the use of agrichemicals at both workplaces and non-workplaces.
An individual approval can vary the controls provided for in the EPA Notices, so when looking
at using a substance, it is important to check all the rules which apply. Furthermore, the
appropriate advice for using the substance wil be provided in the Safety Data Sheet (SDS).
1. EPA guidance to councils
•
Copies of any written guidance, advice, circulars, or interpretations issued by
the EPA to regional councils or territorial authorities regarding the use of
glyphosate-based herbicides:
o
in or near waterways,
o
on land where spray may enter water via runoff or direct application.
The EPA does not provide specific guidance to councils or territorial authorities on the use of
substances containing glyphosate or any other herbicide beyond the controls (rules) in
approvals and the controls in EPA Notices.
Most approvals for substances containing glyphosate allow application into or onto water.
Where the substance is applied into or onto water and the water has the potential to leave
the place containing the application area, then qualifications are required for anyone applying
the substance.
You can view general guidance about glyphosate on the EPA website:
Glyphosate rules and regulation | EPA
Glyphosate weedkil er | EPA
Glyphosate statement | EPA
Please note that these pages are intended for domestic uses of glyphosate, rather than
professional applicators or farmers. In particular, the glyphosate weedkil er page states not to
apply to streams, as would be expected of domestic users, whereas qualified professionals
may apply to streams if application into or onto water is permit ed in the relevant approval.
2. Interpretation of product label instructions
•
EPA’s interpretation of manufacturer label and Safety Data Sheet instructions
for approved glyphosate products (including Weed Weapon Glyphosate 510),
specifically where those instructions state:
o
“Do not apply directly to water,” and/or
o
“Avoid contamination of waterways” or similar wording.
o
How EPA expects councils and enforcement agencies to reconcile these
instructions with permitted activity rules under regional plans.
As mentioned, most approvals for substances containing glyphosate allow application into or
onto water by anyone qualified to do so. The label and SDS instructions for each substance
should reflect the controls on individual products.
Weed Weapon Glyphosate 510 is approved under HSR000133. This approval includes a
control that exempts the substance from compliance with clause 52 of the HPC Notice.
Under 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.
Because of exemptions to clause 52 of the HPC Notice on most of the approvals for
glyphosate-containing substances, most of these substances can be applied into or onto
water.
The EPA welcomes discussion with councils when there is uncertainty on controls for
substances containing glyphosate. We are open to direct engagement about permit ed
activity rules under regional plans.
3. Buffer distances
•
Whether EPA has issued, endorsed, or relied upon any recommended buffer
distances (e.g. distance from waterways) for glyphosate application, either
formal y or informally.
•
If no buffer distances are specified, the rationale for this and how risks to
aquatic environments are intended to be managed in practice.
The EPA has not set buffer zones for substances containing glyphosate. As mentioned, most
approvals for substances containing glyphosate allow application into or onto water by
people qualified to do so.
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.
4. Enforcement expectations
•
What EPA expects regional councils to do where glyphosate is observed
entering waterways, either directly or indirectly.
•
Whether EPA considers spraying glyphosate directly into water to be:
o
Prohibited,
o
Permitted,
o
or dependent on conditions or consents.
The EPA is responsible for approving all hazardous substances for use in Aotearoa New
Zealand, and for setting the rules to protect the environment and people in non-workplaces.
We enforce rules for importers, manufacturers and suppliers of hazardous substances.
Many of the rules around using agrichemicals apply to both workplaces and places outside of
work. Since 1 December 2017, these rules around using agrichemicals safely are set under
the:
• Hazardous Substances and New Organisms Act (HSNO Act), and the
• Health and Safety at Work Act (HSW Act).
Potential misuse of hazardous substances in a workplace can be reported to WorkSafe. If
the area where the substances are applied is not considered a workplace but instead a
public place, then the responsibility for enforcing the HSNO requirements lies with the
relevant council (territorial authority), in accordance with section 97(1)(h) of the HSNO Act.
Potential misuse may be notified to the EPA vi
a [email address]. The EPA considers application of glyphosate into or onto water permitted, depending on the
specific substance approval.
5. Communication with GWRC
•
Copies of any correspondence, guidance, or advice provided by EPA to
Greater Wellington Regional Council relating to glyphosate use near
waterways, including any discussions about regulatory ambiguity or
enforcement thresholds.
The information you have requested is attached as
Appendix 1. Some of the information you
have requested has been redacted under section 9(2)(a) of the Of icial Information Act 1982
(OIA) to protect the privacy of natural persons.
We consider there is good reason to withhold this information that outweighs the public
interest in making it available.
Please note the Greater Wellington Regional Council provided EPA with a redacted letter,
which is included on pages 10-12 of Appendix 1. We did not make or add to these
redactions.
6. Regulatory clarity
•
Whether EPA acknowledges that current guidance may be unclear or
inconsistently interpreted by councils.
•
If so, whether EPA intends to issue clearer or updated national guidance to
ensure consistent environmental protection.
The EPA welcomes discussion with councils when there is uncertainty on controls for
substances containing glyphosate. We could not find any further records of engagement with
councils on the interpretation of glyphosate-related guidance.
We are in the process of assessing our guidance about glyphosate to see if updates are
required. Any updated gudiance wil be provided on the EPA website as soon as practicable.
I hope this information is helpful. 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
Hazardous Substances Applications Manager
