Thread: 1080- ospri 2017

NZ Government asserting its intent to take ownership of public lands away from New Zealand citizens. 31 march 2017.


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What this means is that if you do not accept the disclaimer, than you cannot access publicly financed maps and information pertaining to public land.

The notice also includes a warning in the above disclaimer that trout should not be eaten for at least 7 days after any 1080 drop.---

There is no provision to ensure free access of these lands by non hunters , tourists, fishermen or family are withdrawn until such time as they accept the risks willingly, so what distorted form of logic is NZ Government applying to justify their deliberate poisoning of our country and seemingly targeting hunters specifically (and anyone else seeking information about public lands administered by Department of Conservation? Note also the weasel way they let themselves "off the hook " with regards to virtually no notice to public at the whim of the Animal Health Board / OSPRI/ TB Free and poison operators.

Then there is this, which comes into force 1st April 2017 (tomorrow)

As you may be aware, the Resource Management (Exemption) Regulations 2017 (the Regulations) have been passed and come into effect on 1 April 2017. In brief, the Regulations grant an exemption for aerial 1080 (amongst some other pesticides) from the need for resource consents. Ministry for the Environment officials have kindly provided some advice on the implementation of the Regulations. Please forward this advice to your public health HSNO enforcement officers who issue VTA permissions.

Section 15 of the Resource Management Act (RMA) states that no person may discharge a contaminant into the environment unless the discharge is expressly allowed by regulations (among other things). The Regulations exempt three vertebrate toxic agents (VTAs) from section 15 – sodium fluoroacetate (1080), brodifacoum, and rotenone – plus any associated pre-feed or repellent.

The Regulations take full effect on 1 April 2017 and do not rely on plan changes or consent reviews to have legal effect. From 1 April 2017, regional councils will no longer issue resource consents for discharges or make rules for discharges that comply with the Regulations. The Regulations prevail over regional plans, thus the Regulations apply regardless of any existing regional plan rules.

The Regulations effectively make the discharge of the listed VTAs and associated substances a permitted activity, subject to compliance with the conditions. Operators can rely on the Regulations and do not require a discharge consent under the RMA. This also means that from 1 April 2017, pest control operators do not need to rely on existing consents to undertake operations that comply with the regulations. Accordingly, operators may wish to surrender their consents by giving written notice to the consent authority (typically the relevant regional council) under section 138 of the RMA.

However, consent authorities may refuse to accept the surrender of a consent where it considers that the operator would fail to comply with ongoing consent conditions. Whether or not there are any ongoing consent conditions that would not be met if the consent was surrendered, will depend on the circumstances and terms of the consent. Operators that are unsure should seek independent advice.

Schedule 2 requires regional councils to be given written notice of any discharge under the Regulations providing information about the VTA, the location of the discharge, and the contact details of the operator. A discharge will not comply with the Regulations if the operator fails to meet the Schedule 2 requirements to notify regional councils of discharges.

Any discharge that does not comply with the Regulations is still subject to section 15 of the RMA. If an operator undertakes a discharge that does not comply with the Regulations, it may be in breach of s 15 of the RMA depending on relevant plan rules. If in breach, the operator would be liable for any council enforcement action for unlawfully discharging a VTA.

Regional plan provisions also still apply to discharges that do not comply with the Regulations, as these discharges are still subject to section 15 of the RMA.

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