3.
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Report Appendix 1 | Royal Commission on Genetic M odification
appendix 1
Context and process
Section contents
3.
Processes of the Commission
102
3.1
Establishment of the Commission 103
Introduction
103
Establishing the Commission
103
The Warrant
104
Appointments
104
Commissioners
104
Counsel Assisting
105
Liaison Officer
105
Secretariat
105
Commission location
106
Planning the inquiry
106
Background papers
106
Consultation programme
107
Web site
107
Section 3: Processes of the Commission
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3.1 Establishment of the
Commission
Introduction
This section outlines the process involved in setting up the Royal Commission.
Reference has already been made to the political environment in which the
Commission was established (see "New Zealand: political framework" in "New
Zealand context" above). This section refers primarily to the process of
implementing Government's decision to establish the Commission, as announced
in the Speech from the Throne at the Opening of Parliament on 21 December
1999.
This section draws on Setting up and running commissions of inquiry, a document
prepared by the Department of Internal Affairs (DIA) and released in March 2001.
Establishing the Commission
Following the announcement in the Speech from the Throne, preparations for a
Royal Commission began.
In March 2000, the Minister for the Environment was appointed the Minister in
charge of the inquiry, Ministry for the Environment (MfE) oversaw the drafting of
Section contents
3.1 Establishment of the Commission
3.2 Scoping Meetings: the process
3.3 Formal Hearings: the process
3.4 Public Meetings: the process
3.5 Public Submissions: the process
3.6 Mäori Consultation programme: the process
3.7 Youth Forum: the process
3.8 Public Opinion Survey: the process
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the `Terms of reference' (the Warrant) and DIA were responsible for the
administrative role of setting up the Commission.
Cabinet allocated a provision al budget of $4.8 million on 17 April 2000, later
extended to $6.2 million on 7 August 2000.
Government announced a voluntary moratorium on all applications to field test or
release genetically modified organisms, for the period 14 June 2000 to 31 August
2001.
The Warrant
A working party, led by MfE, prepared the Warrant. It included officials from the
Department of the Prime Minister and Cabinet, Ministry of Research, Science
and Technology, Ministry of Health, Treasury, Department of Conservation,
Ministry of Fisheries, Te Puni Kokiri (Ministry of Maori Development),
Environmental Risk Management Authority, Ministry of Foreign Affairs and
Trade, State Services Commission, Ministry of Agriculture and Forestry and DIA.
The Warrant required the Commission to report on the strategic options
available, now and in the future, and any changes considered desirable to current
legislative, regulatory, policy or institutional arrangements with regard to genetic
modification, genetically modified organisms and products. The Warrant also
referred to 14 `relevant matters' on which the Commission was authorised to
receive representations.
Excluded from the Commission's terms of reference were "the generation of
organisms or products using modern standard breeding techniques" including
cloning, mutagenesis, protoplast fusions, controlled pollination, hybridisation,
hybridomas and monoclonal antibodies.
The Warrant included definitions of `genetic modification' (also referred to as
genetic engineering), `genetically modified organism', `organism' and `product'.
The Commission was sealed, approved by Order-in-Council on 8 May 2000, and
published in the New Zealand Gazette on 11 May 2000. A copy is included in this
volume, in English and Maori (see "Operational detail: Terms of reference").
Appointments
Commissioners
As with all commissions of inquiry, the number and selection of Commissioners
is at the discretion of the Minister in charge of the inquiry.
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Since the processes of a commission of inquiry usually raise legal issues, it is
customary to appoint a Judge (retired or sitting) or a lawyer to the position of Chair.
While there is no statutory limit to the number of Commissioners for an inquiry,
the Minister selected four people who represented a good balance of experience,
skills and outlook.
The Minister invited The Right Honourable Sir Thomas Eichelbaum, a former
Chief Justice of New Zealand, to chair the Commission. The Right Reverend
Richard Randerson, Dr Jean Fleming and Dr Jacqueline Allan were also invited to
join the Commission.
Full biographical details of the Commissioners are contained later in this volume
(see "Operational detail: Commission members").
Counsel Assisting
It is usual for commissions of inquiry in association with Crown Law, to appoint
practising lawyers as counsel assisting the commission to:
*
advise the Commission on its role and how to interpret its Warrant
*
liaise with Interested Persons and their lawyers on matters of process
*
ensure that all the relevant evidence and information is brought before the
Commission
*
ensure hearings are conducted in a fair and balanced manner
*
advise the Commission on legal issues throughout the inquiry.
This role was shared by Brendan Brown QC, John Upton QC, and Grant Pearson.
Liaison Officer
As the Commissions of Inquiry Act 1908 does not authorise a commission to enter
into contracts and employ staff, DIA takes this role.
To meet this obligation, a DIA Liaison Officer is appointed to each Commission at
the outset to ensure the Commission has the financial resources required to carry
out its mandate, coordinate the budget process, ensure the Commission's
operational processes are supported by DIA's corporate processes and supply
advice on human resourcing. The Liaison Officer is also responsible for ensuring
an inquiry meets its policy, government and operational requirements.
Secretariat
All Commission staff are employed by DIA as the Commissions of Inquiry Act
1908 (The Act) does not provide for the employment of staff to provide technical
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and administrative support to the Commission, a Chief Executive Officer, an
Information Officer, a Policy Adviser, a Media Officer, and an Administration
Officer were appointed.
Additional staff including researchers, analysts, writers, editors, translators, advisers
and transcribers were contracted to the Secretariat as and when required.
Commission location
The Commission Secretariat was based on level 8 of Dalmuir House, 114 The
Terrace, Wellington. Level 11 of the same building was modified to accommodate
the hearing room for the Formal Hearings of Interested Persons.
Planning the inquiry
On 12 May 2000 the Commissioners held their first meeting, to determine their
roles and obligations under the Warrant.
Background papers
Following planning meetings, the Commissioners identified the need for
background information on the aspects of genetic modification referred to in the
Warrant to assist them to best develop a strategy for meeting the terms of
reference. Papers on the following topics were commissioned, some of which were
peer reviewed:
*
Current uses
*
Legal aspects
*
Ethical issues
*
Public perceptions
*
Maori aspects
*
Environmental aspects
*
Economics
*
Human health aspects
*
The international aspects of genetic modification.
Copies of the background papers were placed on the Commission website and a
complete list, with indication of peer review and detail on the authors, is located
later in this volume (see "Operational detail: Background papers and authors").
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Consultation programme
The Commission developed a consultation programme that involved:
Planning hui
Rotorua
21 July 2000
Public Scoping Meetings
Wellington
7­9 August 2000
Application Hearings for Interested Persons status
Wellington
10­11 August, 5 September 2000
Public written submissions
Nationwide
7 August 2000­1 December 2000
Public Meetings (15)
Nationwide
18 September­16 November 2000
Formal Hearings
Wellington, Auckland, Christchurch 16 October 2000­15 March 2001
Maori consultation workshops (28)
Nationwide
24 October 2000­13 March 2001
Regional and National Hui (11)
Nationwide
4 November 2000­8 April 2001
Youth Forum
Wellington
5 March 2001
Public opinion telephone survey
Nationwide
22 March 2001­8 April 2001
These consultation methods were designed to meet the Commission's terms of
reference and its obligations under the Act. As with all inquiries, the procedures
adopted are the prerogative of each commission. Details regarding each process
are contained within this volume.
Web site
To meet the Commission's objective of transparency in its processes, and facilitate
communication with the public, a website was developed. This went live on 28 July
2000.
During the inquiry, information was published on the website including: copies of
the Warrant in English and Maori; biographical and contact details; application,
registration and submissions forms; transcripts of Formal Hearings, Public
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Meetings, Hui and Youth Forum; copies of Interested Person and Public
submissions; news releases; background papers; and consultation schedules.
The website will be maintained at http://www.gmcommission.govt.nz until at least
June 2002.