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

Scenarios (a) and (b). There do not appear to be any effective alternatives currentlyavailable. Thus the loss of the product would result in potential benefits that mayarise from its availability not being realised, which is classed as an absence of benefit(i.e. none), rather than an adverse effect. ERMA New Zealand invites submitters toprovide further information.4.7.51 In terms of effects on trade with respect of the use of dichlorvos for counteringbiosecurity incursions, the level of benefit on trade has been assessed low tomedium. Since there are no adverse effects associated with this use, the positiveeffects outweigh the adverse effects for both Outcome Scenarios (a) and (b). Ifdichlorvos were unavailable (Outcome Scenario (c)), loss of the product would resultin potential benefits arising from its availability not being realised, an absence ofbenefit (i.e. none), rather than an adverse effect.4.7.52 In terms of maintaining industry profitability in the horticulture sector, the two areaswhere effects could be expected to be potentially significant are the asparagusindustry, and glasshouse production of tomatoes, capsicum and cucumber. However,while the volatility of dichlorvos means that residues cannot be detected after a shortnumber of days, Japan, which is a significant market, is moving towards notaccepting product that has had dichlorvos used on it. ERMA New Zealand wouldwelcome further information about the possible ban and the value of product going toJapan. ERMA New Zealand has concluded that the overall benefit of dichlorvos tothe horticulture sector, and specifically the glasshouse production of tomatoes,capsicum and cucumber are at least low, and therefore the positive effects outweighthe adverse effects for Outcome Scenarios (a) and (b). If dichlorvos wereunavailable (Outcome Scenario (c)), loss of the product would result in potentialbenefits arising from its availability not being realised, an absence of benefit (i.e.none), rather than an adverse effect.4.7.53 These assessments are based on limited information, and ERMA New Zealand hasendeavoured to be conservative in terms of estimating the level of benefit and toadopt a risk averse position in terms of estimating the level of risk/cost.4.8 Māori interests and concernsRelationship of Māori to the environment4.8.1 Iwi/Māori interests have not been specifically consulted in the preparation of thisapplication. However ERMA New Zealand has received clear messages at severalhui with iwi/Māori resource managers that unless substances provide clear benefits tooutweigh potential risk, they generally oppose the ongoing use of highly hazardoussubstances. It is likely that, in the absence of further information regarding benefits,submissions from Māori would seek the revocation of the approvals for dichlorvosand its approved formulations.Treaty of Waitangi4.8.2 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 by the Court of Appeal inthe Lands case (1987).4.8.3 This principle refers to the Crown‘s obligation to take positive steps to ensure thatMāori interests are protected, and to consider them in line with the interestsguaranteed to Māori in Article II of the Treaty. Specifically the Court noted that ―…Dichlorvos reassessment – application Page 64 of 436