The EPA may develop a proposed methodology for assessing new organism applications. A proposed methodology must be publicly notified to allow the public to make submissions on its contents. After receiving advice regarding any submissions made and any comments from the EPA, the Minister may recommend that the Governor-General (by Order in Council) establish a methodology. If a methodology is established it must be consistently applied by the EPA.
The Hazardous Substances and New Organisms (Methodology) Order 1998 sets out the methodology for assessing new organism applications.
Example from the Methodology Order:
Evaluation of risks costs and benefits
12 When evaluating assessment of risks associated with the substance or organism in an application, the Authority must take into account—
(a) the nature of the adverse effects; and
(b) the probability of occurrence and the magnitude of each adverse effect; and
(c) the risk assessed as a combination of the magnitude of the adverse effect and the probability of its occurrence; and
(d) the options and proposals for managing the risks identified; and
(e) the uncertainty bounds on the information contained in the assessment expressed quantitatively where possible, but otherwise through narrative statements.
13 When evaluating the assessments of costs and benefits associated with the substance or organism in an application, the Authority must take into account—
(a) the costs and benefits associated with the application and whether the costs and benefits are monetary or non-monetary; and
(b) the magnitude or expected value of the costs and benefits and the uncertainty bounds on the expected value; and
(c) the distributional effects of the costs and benefits over time, space, and groups in the community.
14 The costs and benefits are those that relate to New Zealand and that would arise as a consequence of approving the application.
In Bleakley v Environmental Risk Management Authority the appeal succeeded on the basis that the Authority failed to apply the Methodology Order and to state the specific criteria in the Methodology Order that it had relied upon when making its decision to approve the application.
Section 9 Hazardous Substances and New Organisms Act 1996
Last updated at 12:22PM on February 25, 2015