Application for the Reassessment of a Hazardous Substance under ...

available to it. In preparing this application, ERMA New Zealand has beenconscious of the concerns expressed by parties who have supplied information toassist in the preparation of this application, and their beliefs that are the basis forthese concerns. When ethical dilemmas arise ERMA New Zealand has describedthem in terms of the framework.2.6 Principles of the Treaty of Waitangi (Te Tiriti ō Waitangi)2.6.1 Section 8 of the Act requires the Authority, when considering applications, to takeinto account the principles of the Treaty of Waitangi. Of particular relevance to thisapplication is the principle of active protection affirmed in 1987 by the Court ofAppeal in the Lands case.2.6.2 It refers to the Crown‘s obligation to take positive steps to ensure that Māori interestsare protected, and to consider them in line with the interests guaranteed to Māori inArticle II of the Treaty. Specifically the Court noted that ―… the duty of the Crown isnot merely passive but extends to active protection of Māori people in the use of theirlands and waters to the fullest extent practicable‖ (Cooke 1987).2.6.3 Taking into account the principle of active protection requires this application toprovide sufficient evidence to show that the use of dichlorvos poses no risk ofadverse effects to native/endemic species and/or other taonga species, ecosystemsand traditional Māori values, practices, health and well-being. In considering thelevel of uncertainty described in relation to the adverse effects noted above, ERMANew Zealand considers that this application may currently be viewed as beinginconsistent with the principle of active protection.Dichlorvos reassessment – application Page 21 of 436