ERMA New Zealand's role
ERMA New Zealand are responsible for:
- Liaising with the Ministry of Agriculture and Forestry (MAF) as well as monitoring MAF's enforcement intentions and actions under the HSNO Act. MAF reports to us quarterly on enforcement activity undertaken and annually on their enforcement intentions for the coming year.
- Reporting to the Minister for the Environment, we provide new organism compliance and enforcement activities reports on a quarterly and annual basis to the Minister.
- Reviewing reports received from approval holders.
- Maintaining a register of incidents and inquiry reports. This information is provided by MAF, approval holders and through media monitoring. ERMA New Zealand may further conduct an inquiry into an incident.
- Appointing enforcement officers, although this is a secondary function.
- The Chief Executives of both ERMA New Zealand and the Ministry for the Environment (MfE) also have automatic powers as enforcement officers, for both hazardous substances and new organisms. However, these powers would only be used in extreme circumstances.
The Ministry of Agriculture and Forestry (MAF) role
MAF, through Biosecurity New Zealand, carries out enforcement in relation to the importation, containment and release of new organisms with controls using powers under both the HSNO and Biosecurity Acts, and is responsible for:
- The border - by checking new organism imports meet necessary HSNO Act requirements (e.g. packaging, labelling and direction to appropriate containment facilities).
- Containment facilities - MAF conducts inspections at different types of facilities that contain new organisms. Their programme is designed to give a high level of assurance that new organisms are being managed in adherence to approval controls.
- Released new organisms with controls - by ensuring that any controls on approvals for release of new organisms with controls are monitored for compliance under the HSNO Act.
- Incursion - actions to manage the presence of new organisms in New Zealand without HSNO approval, and for any escape from containment or breach of controls for new organisms with HSNO approval.
- Enforcement - where there has been a breach of the HSNO Act in relation to new organisms. This may involve issuing compliance orders, infringement notices or lead to prosecution (ERMA New Zealand may undertake prosecution but would do so only in exceptional circumstances).
For further information see The Ministry of Agriculture and Forestry website