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Report Appendix 1 | Royal Commission on Genetic M odification
New Zealand context
1.
section 1.4 |
appendix 1
Context and process
Section contents
1.
New Zealand context
2
1.4
New Zealand: political framework
43
Constitution
43
Central government
45
The Legislature
45
The Executive
45
The Judiciary
46
Political spectrum
46
Local government
47
Royal Commissions
49
Background to the Royal Commission on Genetic
Modification
50
References and further information
51
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1.4 New Zealand: political
framework
To provide a context for some of the representations to the Commission (see
Appendices 2 and 3) and for certain recommendations by the Commission (see the
Report), this section describes key features of New Zealand's political framework.
It outlines the nature of New Zealand's:
*
constitution
*
central government
*
political spectrum
*
local government.
It then offers a context for the present Commission by describing the role of Royal
Commissions in New Zealand.
Constitution
New Zealand has a constitution, although it is not set out in one all-inclusive
document. It consists of a series of formal legal documents, decisions of the courts
(common law) and long-standing recognised practices, some of which are described
as constitutional conventions.
New Zealand's constitution comes from the Westminster, or British, tradition. It
has evolved slowly over many years since New Zealand became independent of
Britain. Although it can be argued that this makes the New Zealand constitution
weaker than some others, it also makes it more flexible.
The Treaty of Waitangi, signed in 1840, is a central document in New Zealand's
evolving constitution and legislative development. (A copy of the Treaty is
contained within the Report.)
In essence, the Treaty sought to secure a place in which two cultures could
coexist
1
. In recent years, there has been a focus on the intent (or "principles") of
1
It was inherent in the Treaty's terms that Maori customary values would be properly respected, but it was also an
objective of the Treaty to secure a British settlement and a place where two peoples could fully belong. To achieve
that end the needs of both cultures must be provided for, and where necessary, reconciled. (Report of the Waitangi
Tribunal on the Mangonui Sewerage Claim - Wai 17. 1988. Waitangi Tribunal, Wellington: 60.)
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Report Appendix 1 | Royal Commission on Genetic M odification
the Treaty. The Waitangi Tribunal, established in 1975, has chosen to
concentrate on the spirit of the Treaty rather than exclusively on its written terms,
thereby emphasising the mutual obligations and responsibilities of both parties
in a constantly evolving society.
The principles of the Treaty, as outlined by the Waitangi Tribunal, cover the
protection and preservation of Maori property and taonga; custom and cultural
values (including protection of tino rangatiratanga); partnership and mutual
respect between both parties; recognition and equal weighting of Maori views,
values, law and policies in decision-making; active protection of Maori Treaty
interests by the Crown; autonomy of Maori in determining their own affairs; to
allow Maori the option to wholly or partially adopt their cultural practices; and
recognition that ongoing development and evolution of tikanga is integral to
Maori culture.
Notwithstanding the absence of direct reference to the Treaty in legislation, recent
cases support the proposition that Treaty principles may be a relevant consideration.
Guidelines for the preparation of legislation adopted by Cabinet in 1987 state that:
"all prospective legislation should be examined with regard to its implications for
the Treaty at policy approval stage". In effect, the Treaty has become "part of the
legal backdrop against which the legislation must be read" (Burrows, 1992).
The implications of the Treaty of Waitangi in the genetic modification debate are
developed more fully in the Report.
The Constitution Act 1986 is the principal formal charter. This Act specifies that
the Queen, the Sovereign in right of New Zealand, is the Head of State of New
Zealand and that the Governor-General appointed by her is her representative.
Her representative can, in general, exercise all the powers of the Sovereign. That
conferring of power is described in the Letters Patent Constituting the Office of
the Governor-General of New Zealand, most recently revised in 1983. Other
relevant Acts are State Sector Act 1988, Electoral Act 1993 and Judicature Act
1908, as well as Ombudsmen Act 1975, Official Information Act 1982, Public
Finance Act 1989 and New Zealand Bill of Rights Act 1990. These Acts, however,
are not "supreme laws" and may be changed by a further Act of Parliament.
New Zealand is an independent sovereign nation and is called a "Realm" because
it is a monarchy. New Zealand ceased being a Dominion in 1947. The Realm of
New Zealand comprises New Zealand, Tokelau and the Ross Dependency and the
self-governing states of Cook Islands and Niue.
As Head of State, Queen Elizabeth's formal New Zealand title is "Elizabeth the
Second, by the Grace of God, Queen of New Zealand and Her Other Realms and
Territories, Head of the Commonwealth, Defender of the Faith".
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The Queen's personal representative in New Zealand is formally styled "The
Governor-General and Commander-in-Chief in and over New Zealand". The
Governor-General is appointed by the Queen on the advice of the New Zealand
Government, usually for a term of five years.
Central government
New Zealand central government has three branches: the Legislature (Parliament),
the Executive (New Zealand Government) and the Judiciary. Power is divided
between these to prevent any single branch from acting against the basic
constitutional principles of the country. Although each branch has a different role,
they are not totally separate.
The Legislature
Parliament consists of a single house (the House of Representatives) whose
members are elected every three years by universal suffrage.
The Executive
Cabinet is the central decision-making body of executive government. All major
decisions are taken through the Cabinet process and Cabinet meetings are
confidential.
Cabinet's role is to take decisions in a wide range of areas including:
*
major policy issues
*
important spending proposals and financial commitments
*
proposals involving new legislation or regulations
*
matters that concern the interests of a number of government departments
*
controversial matters
*
ratification of international treaties and agreements.
The Executive Council is the part of the executive branch of government that
carries out formal acts of government. By convention, membership of the
Executive Council comprises all Ministers of the Crown, whether those Ministers
are inside or outside the Cabinet. Ministers have specific areas of responsibility
called "portfolios" and may be assisted in these by Deputy or Associate Ministers
or Parliamentary Under-Secretaries.
The Executive Council is the highest formal instrument of government and is the
institution through which the government as a whole advises the Governor-
General, normally by recommendations to make Orders in Council. Apart from
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Acts of Parliament, Orders in Council are the main method of implementing
government decisions requiring legal force.
The Judiciary
The independence of the Judiciary, a principle that ensures that judges are free of
political interference, is an important principle of the New Zealand constitution.
This is reflected in the standing orders of the House of Representatives, which
prohibit Members of Parliament from criticising a judge. A judgment may be
criticised but personal attacks on, or attempts to influence, a judge are not
allowed. Although Parliament makes laws, it is the job of the Judiciary to
interpret and apply those laws in cases that come before the courts.
Political spectrum
At least once every three years, New Zealand holds a General Election to choose
its Parliament. The New Zealand Parliament is elected using the Mixed Member
Proportional Representation (MMP) electoral system.
Under MMP, voters have two votes:
*
a Party Vote for the party the voter most wants to be represented in
Parliament
*
an Electoral Vote for the Member of Parliament the voter wants to represent
their electorate (area).
Voters' residential addresses decide which electorate they will be in. The New
Zealand Parliament includes General and Maori electorates. Qualified electors
who are New Zealand Maori or descendents of New Zealand Maori can choose
whether they want to vote for a General electorate or a Maori electorate. The
voting age is 18.
The political parties which gained at least 5% of the vote in the 1999 election
were (in alphabetical order) ACT New Zealand, the Alliance, the Green Party of
Aotearoa New Zealand, the New Zealand Labour Party, and the New Zealand
National Party. As a result of that election, the current government is a coalition
made up of the Labour Party and the Alliance.
ACT, which gained 7.0% of the vote in 1999, is founded on the following two
principles:
That individuals are the rightful owners of their own lives and therefore have inherent
freedoms and responsibilities.
That the proper purpose of government is to protect such freedoms and not to assume such
responsibilities.
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The Green Party gained 5.2% of the vote in 1999. The Greens:
realise a society is sustainable only when it acts in harmony with the natural world.
are united in their belief that ecological economics and a new political consciousness can
achieve this harmony.
take advice from experts and link it to local decision-making and personal responsibility
for the results of personal action.
The Labour Party, which gained 38.7% of the vote in 1999, and the Alliance,
which gained 7.7% of the vote in 1999, formed a coalition government with the
following objectives:
1. to implement a policy platform which reduces inequality, is environmentally
sustainable, and improves the social and economic wellbeing of all New
Zealanders,
2. to restore public confidence in the political integrity of Parliament and the
electoral process,
3. to provide stable and effective long term government for New Zealand without
losing the distinctive political identity of either party, and
4. to act in good faith between the coalition partners.
The National Party, which gained 30.5% of the vote in 1999, expresses its
principles as wanting:
a confident and ambitious people driven by the freedom, self-reliance and enterprise of
individuals who are:
passionate for excellence, achievement and success,
committed to a united society based on tolerance, diversity, independence, and
determined to make their community and environment a better place.
Local government
The basic role of local authorities is to enable local communities to make collective
choices and decisions and to undertake collective activity. This gives New
Zealanders a way to influence decisions shaping the communities in which they
live, through their locally elected representatives. Each local authority has a
degree of discretion over the scope of the specific activities it undertakes or funds.
Local government is responsible for local policy-making, specific local service
delivery and aspects of local regulation. Local authorities are also active in
community leadership and advocacy on behalf of their districts.
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Local authorities include Regional Councils and territorial authorities, that is,
District Councils and City Councils. Regional Councils have overarching
responsibilities, such as biosecurity (including pest management), catchment
control, harbour administration, hazardous substances management, regional
emergency management, regional land transport and resource management.
Within each of the country's 15 Regional Councils are City and/or District
Councils, of which there are a total of 76. The exception is four unitary authorities
which fulfil the functions of both a Regional Council and a territorial authority.
City Councils are specific to a single city, but a District Council may comprise a
city and its surrounding area, or several smaller towns and the area around them.
The responsibilities of a City or District Council include community wellbeing
and community development, emergency management, environmental
management (including waste management), infrastructure (roading and transport,
sewerage, water and stormwater), public health and safety issues (including
building control), recreation and resource management (including land use
planning and development control).
Some territorial authorities have become actively involved in the debate about
genetic modification. For example:
*
The Far North District Council sought public submissions on their District
Plan, with some submitters suggesting that the district council take a stance
on the issue of genetic modification. The Council is awaiting the findings of
the Commission before developing its own policies on the matter. However,
it decided in March 2001 to ask Government to make compulsory the
current voluntary moratorium on the release of genetically modified
organisms.
*
The Whangarei District Council received a delegation from opponents of
genetic modification who presented a petition opposing the technology
signed by 2300 Whangarei residents and 93 businesses. One District
Council member proposed declaring Whangarei District free of genetic
modification, but the Mayor and other Councillors voted in favour of
awaiting the outcome of the Commission before taking further action.
*
In the Auckland area, Waiheke, Eden/Albert and Devonport Community
Boards have recently passed symbolic resolutions supporting the
establishment of "GE-free" zones. The wording encourages and supports
local businesses and individuals to refrain from using any genetically
modified organisms.
*
The Kapiti Coast District Council invited written submissions from the
public on a discussion document entitled "Genetic Engineering -
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Declaration of Kapiti as a Genetic Engineering-Free Zone". Submissions
were considered by a Council subcommittee in March 2000. The
subcommittee rejected a motion to declare Kapiti "Genetic Engineering
Free for Crops and Food" by seven votes to six.
*
In Nelson, citizens organised a petition calling for the city to be declared a
genetic modification-free zone. The Mayor of Nelson has publicly supported
this move. In 2000, Nelson City Council twice narrowly voted against
becoming the first city to become "GM free" as a symbolic act. However, on
5 April 2001, the Council formally agreed to declare Nelson New Zealand's
first "GE-free" city. The Council hopes that its decision will enhance
Nelson's image as a clean, green city, and have a positive effect on promoting
Nelson's tourism and economy. The city will be philosophically against
genetic modification, particularly genetically modified foods. This status is
not enforceable on other organisations in Nelson.
*
Tasman District Council rejected a proposal to declare Tasman District "GE
free" in late October 1999.
*
Other territorial authorities such as Hurunui District Council, Hamilton
City Council and Northland Regional Council made formal submissions to
the Commission. Hamilton City Council was accorded Interested Person
status because about 25% of New Zealand's science research is undertaken
in a life sciences research cluster in or near Hamilton City: the Council
declared its belief in the potential economic benefits of supporting businesses
that utilise the careful application of biotechnology.
Royal Commissions
A Royal Commission is the highest level of response available to the New Zealand
Government when considering an inquiry into a particular issue. Royal
Commissions are convened to investigate any matter of major public importance
that is of concern to the government of the day, such as matters of considerable
public anxiety or where a major lapse in government performance appears to be
involved.
Other options are also available to Governments faced with an issue of concern,
such as Commissions of Inquiry, Statutory Inquiries, Ministerial Inquiries and so
on.
The current Royal Commission on Genetic Modification is the first Royal
Commission to be held since the Royal Commission on Social Policy in 1986.
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Background to the Royal Commission on Genetic
Modification
Genetic modification was developed in the 1970s. It is already an integral part of
biological and medical research and has medical, commercial and industrial
applications. Agricultural and food-related uses of genetic modification are a more
recent development and have attracted great public interest in New Zealand.
(Further information is provided in this volume: see "Genetic modification
technology and its uses in New Zealand".)
In May 1999, Government established the Independent Biotechnology Advisory
Council to help New Zealanders explore and consider issues of biotechnology. In
October 1999, the Green Party presented to Parliament a petition of 92,000
signatures calling for a Royal Commission on genetic modification and a
moratorium on field trials.
After a general election in November 1999, the new government considered that
there was significant public interest in and uncertainty and concern about the topic
of genetic modification, and that official investigation was warranted. The Speech
from the Throne at the Opening of Parliament on 21 December 1999 announced
that a Royal Commission would be established on the topic:
It is recognised that one area of research and development has led to significant public
concerns. That is the area of genetic modification. A Royal Commission into Genetic
Modification will be established. Until it has reported, a moratorium will be imposed on
the commercial planting of genetically modified crops. Very strict conditions will apply to
the consideration of any application for field trials until such time as the Commission
reports on the wider issues.
My government will require a simple and comprehensive system of labelling of genetically
modified food, whether "substantially equivalent" or not, and of any food derived from
genetically modified organisms.
Honourable Members. The concerns about genetically modified foods and organisms reflect
wider public interest in environmental and conservation issues. My government shares
that interest.
A working party was established to consider the terms of reference, budget and
other details for the Royal Commission. The working party was led by the
Ministry for the Environment, and included officials from the Department of the
Prime Minister and Cabinet, the Ministry of Research, Science and Technology,
the Ministry of Health, Treasury, the Department of Conservation, the Ministry of
Fisheries, Te Puni Kokiri (the Ministry of Maori Development), the
Environmental Risk Management Authority, the Ministry of Foreign Affairs and
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Trade, the State Services Commission, the Ministry of Agriculture and Forestry
and the Department of Internal Affairs.
On 17 April 2000, the Royal Commission on Genetic Modification and a
voluntary moratorium on the release of genetically engineered organisms were
announced. The voluntary moratorium on future applications for general release
and field tests of genetically modified organisms was the result of discussion
between the Government, industry and relevant research groups. The Government
reserved the right to legislate to give effect to a moratorium should the voluntary
agreement prove ineffective. This strategy allowed research to continue but
ensured that nothing irreversible occurred while the Commission was in process.
(Further information is provided later in this volume: see "Processes of the
Commission: Establishment of the Commission".)
References and further information
Burrows, JF. 1992. Statute Law in New Zealand. Butterworths, Wellington: 239.
Internet sites
Constitution:
http://www.decisionmaker.co.nz/guide/bigpicture/dm_bigpic_picture.htm (as at 9
February 2001).
Central government:
http://www.govt.nz/nzgovt/nzgovt.php3 (as at 9 February 2001).
Local government:
http://www.kcdc.govt.nz/
http://www.ncc.govt.nz/
Political spectrum:
http://www.elections.org.nz/elections/general/govt_elect.html (as at 13 February 2001).
http://www.act.org.nz/policy/index.xtml (as at 30 March 2001).
http://www.greens.org.nz/about/welcome.htm (as at 30 March 2001).
http://www.labour.org.nz/InfoCentre1/Policies/coalition.html (as at 30 March 2001).
http://www.national.org.nz/party/stand_for.htm (as at 30 March 2001).