Rapid pathway application ‘assess risks’
Applications under the rapid pathway are measured against section 35 of the Act. They are
required to satisfy sections 35(2) of the Act to continue under the rapid pathway and the
minimum standard described in section 36 of the Act to be approved for release. If an
application does not satisfy sections 35(2) of the Act they can stil proceed under the notified
application process.
Below is a link to section 35 of the Act.
https:/ www.legislation.govt.nz/act/public/1996/0030/latest/DLM383526.html
The decision on an application that has been formally received is required within 10 working
days. The final decision is made by the General Manager, Hazardous Substances and New
Organisms. The risk assessment is undertaken during this 10 working day period.
The risk assessment for a rapid pathway application involves assessing the organism(s)
against section 35 and 36 of the Act and incorporating the views of the Ministry for Primary
Industries (MPI) and the Department of Conservation (DOC). The application must provide
relevant information to satisfy all criteria set out in section 35 and 36 of the Act to be
approved under the rapid release pathway.
Below is a link to section 36 of the Act.
https:/ www.legislation.govt.nz/act/public/1996/0030/latest/DLM383527.html
Notified application process ‘risk assessment’
A notified application needs to satisfy the criteria set out in section 38(1)(a) of the Act.
Below is a link to section 38 of the Act.
https:/ www.legislation.govt.nz/act/public/1996/0030/latest/DLM383529.html
During the pre-application stage the New Organisms team will review the information
provided by the applicant against section 36 of the Act. They will also undertake an
assessment of the risks and benefits of the matters relevant to the purpose of the Act that
are set out in section 6 of the Act.
Below is a link to section 6 of the Act.
https:/ legislation.govt.nz/act/public/1996/0030/latest/DLM382993.html
The notified application process wil involve a public consultation period which wil last for 30
working days. If a submit er asks to be heard then a public hearing wil be arranged. The
applicant, the EPA and submitters are then given the opportunity to present their evidence
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and whether they are in support or opposition to the release of the organism(s) in front of the
Decision-making Committee (DMC).
Once the hearing has concluded the DMC wil convene and decide if the organism(s) have
met the minimum standards as set out in section 36 of the Act and whether the benefits of
the release wil outweigh the risks or costs as set out in section 38 of the Act. They wil then
make the final decision on the application.
If you would like to discuss application processes further, you are welcome to contact the
Manager, New Organisms Applications.
You have the right to seek an investigation and review by the Ombudsman of this decision.
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 via
[email address]
We wil publish your request and our response on our website, www.epa.govt.nz, within 10
working days from today. 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.
Yours sincerely
Chris Hill
General Manager,
Hazardous Substances and New Organisms
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