ENQ- 38757-M2R1C9
11 June 2020
Private Bag 632
Wellington 6140, New Zealand
Level 10, Grant Thornton House
Name Wendy Pond
215 Lambton Quay
Wellington 6011, New Zealand
Via
: [FYI request #12799 email]
epa.govt.nz
+64 4 916 2426
Official Information Act Request
Dear Wendy,
I refer to your Official Information Act request made to the Ministry of Health on 15 April 2020. Part
two of your request was transferred to the Environmental Protection Authority (EPA) on 14 May 2020.
You asked for the following information:
“Please provide the legislation that governs the requirements for audit of aerial 1080 operations. If it is
not a MoH responsibility please tell me whose responsibility it is and under what legislation.”
I also refer to your Official Information Act request made to Minister David Parker on 7 May 2020, and
transferred to the EPA on 19 May 2020. You asked for the following information:
“It has been customary for HSNO enforcement officers/ Public Health Officers to lodge an audit of the
aerial 1080 operations they give permission for. Please provide the legislation that governs the
requirement for an audit of the use of a VTA on each occasion that there is an aerial operation. Who
is responsible for reviewing the audits?”
Your requests have been treated as requests for information under the Official Information Act 1982
(OIA). The response to your requests is as follows.
The EPA has the power to approve hazardous substances under the Hazardous Substances and
New Organisms Act 1996 (HSNO). As part of this process, the EPA has approved substances which
are classed as Vertebrate Toxic Agents (VTAs). In certain cases, the EPA has also imposed
additional controls with respect to VTAs requiring a person to obtain a permission under section 95A
of the HSNO Act from the Authority prior to applying substances.
Under section 19 of the HSNO Act, the EPA may delegate its powers under s95A to other persons. In
March 2016, the EPA delegated specific powers with respect to a limited number of VTAs to Medical
Officers of Health and Health Protection Officers who have been appointed as Enforcement Officers
(EO) under the HSNO Act.
The delegation gives Enforcement Officers the powers to grant permissions for aerial 1080 operations
if there is a risk to public health and if the operation is to occur in a catchment area from which water
is drawn for human consumption. The delegation is subject to seven conditions.
One of these conditions is that the Enforcement Officer will audit each permission issued in
accordance with the Ministry of Health’s Guidelines or the documented alternative procedure.
The Ministry of Health is responsible for ensuring that Enforcement Officers regularly audit permitted
operations.
You have the right to seek an investigation and review of this decision by the Ombudsman. You can
contact the Ombudsman on 0800 802 602, or by email at
[email address].
If you have any further queries, please do not hesitate to contact us vi
a [email address].
Yours sincerely
Gayle Holmes
General Manager
Compliance, Monitoring and Enforcement