Can Local Government Control Land Use Involving Genetically Modified Organisms?
This article considers the approach taken in New Zealand to the issue of genetically modified organisms. The gravamen of the article is the interplay between central government and local government with regards to this issue. To determine whether local governments have any authority to control the use of genetically modified organisms via land use, the author examines, inter alia, the role of the Environmental Risk Management Authority, the principles and purposes inherent in the Hazardous Substances and New Organisms Act of 1996, the Resource Management Act, the Local Government Act 2002 and the Royal Commission Report on Genetic Modification. The conclusion is that Parliament did not intend to grant local governments power to regulate genetically modified organisms and that an examination of statute and case law supports this assertion.
