Royal
Commission on Genetic Modification
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:
To The Right Honourable Sir THOMAS EICHELBAUM, G.B.E., of Wellington,
formerly Chief Justice of New Zealand; JACQUELINE ALLAN, of
Auckland, medical practitioner; JEAN SUTHERLAND FLEMING, of
Dunedin, scientist; and the Right Reverend RICHARD RANDERSON,
of Auckland, Bishop of the Anglican Church:
GREETING
:
Appointment and order of reference
KNOW YE that We, reposing trust and confidence in your integrity,
knowledge, and ability, do, by this Our Commission, nominate,
constitute, and appoint you, The Right Honourable SIR THOMAS
EICHELBAUM, JACQUELINE ALLAN, JEAN SUTHERLAND FLEMING, and
The Right Reverend RICHARD RANDERSON, to be a Commission to
receive representations upon, inquire into, investigate, and
report upon the following matters:
- the
strategic options available to enable New Zealand to address,
now and in the future, genetic modification, genetically
modified organisms, and products; and
- any
changes considered desirable to the current legislative,
regulatory, policy, or institutional arrangements for addressing,
in New Zealand, genetic modification, genetically modified
organisms, and products:

Relevant matters
And, without limiting the order of reference set out above,
We declare that, in conducting the inquiry, you may, under
this Our Commission, investigate and receive representations
upon the following matters:
- where,
how, and for what purpose genetic modification, genetically
modified organisms, and products are being used in New Zealand
at present:
- the
evidence (including the scientific evidence), and the level
of uncertainty, about the present and possible future use,
in New Zealand, of genetic modification, genetically modified
organisms, and products:
- the
risks of, and the benefits to be derived from, the use or
avoidance of genetic modification, genetically modified
organisms, and products in New Zealand, including-
- the
groups of persons who are likely to be advantaged by
each of those benefits; and
- the
groups of persons who are likely to be disadvantaged
by each of those risks:
- the
international legal obligations of New Zealand in relation
to genetic modification, genetically modified organisms,
and products:
- the
liability issues involved, or likely to be involved, now
or in the future, in relation to the use, in New Zealand,
of genetic modification, genetically modified organisms,
and products:
- the
intellectual property issues involved, or likely to be involved,
now or in the future, in relation to the use in New Zealand
of genetic modification, genetically modified organisms,
and products:
- the
Crown's responsibilities under the Treaty of Waitangi in
relation to genetic modification, genetically modified organisms,
and products:
- the
global developments and issues that may influence the manner
in which New Zealand may use, or limit the use of, genetic
modification, genetically modified organisms, and products:
- the
opportunities that may be open to New Zealand from the use
or avoidance of genetic modification, genetically modified
organisms, and products:
- the
main areas of public interest in genetic modification, genetically
modified organisms, and products, including those related
to-
- human
health (including biomedical, food safety, and consumer
choice):
- environmental
matters (including biodiversity, biosecurity issues,
and the health of ecosystems):
- economic
matters (including research and innovation, business
development, primary production, and exports):
- cultural
and ethical concerns:
- the
key strategic issues drawing on ethical, cultural, environmental,
social, and economic risks and benefits arising from the
use of genetic modification, genetically modified organisms,
and products:
- the
international implications, in relation to both New Zealand's
binding international obligations and New Zealand's foreign
and trade policy, of any measures that New Zealand might
take with regard to genetic modification, genetically modified
organisms, and products, including the costs and risks associated
with particular options:
- the
range of strategic outcomes for the future application or
avoidance of genetic modification, genetically modified
organisms, and products in New Zealand:
- whether
the statutory and regulatory processes controlling genetic
modification, genetically modified organisms, and products
in New Zealand are adequate to address the strategic outcomes
that, in your opinion, are desirable, and whether any legislative,
regulatory, policy, or other changes are needed to enable
New Zealand to achieve these outcomes:

Definitions
And We declare that, in this Our Commission, unless the context
otherwise requires,-
genetic modification means the use of genetic engineering
techniques in a laboratory, being a use that involves-
- the
deletion, multiplication, modification, or moving of genes
within a living organism; or
- the
transfer of genes from one organism to another; or
- the
modification of existing genes or the construction of novel
genes and their incorporation in any organisms; or
- the
utilisation of subsequent generations or offspring of organisms
modified by any of the activities described in paragraphs
(a) to (c)
genetically
modified organism means an organism that is produced by
genetic modification
organism includes a human being
product includes every medicinal, commercial, chemical,
and food product that (while not itself capable of replicating
genetic material) is derived from, or is likely to be derived
from, genetic modification:
Exclusions
from inquiry
But We declare that you are not, under this Our Commission,
to inquire into the generation of organisms or products using
modern standard breeding techniques (including cloning, mutagenesis,
protoplast fusions, controlled pollination, hybridisation,
hybridomas and monoclonal antibodies):
Appointment
of chairperson
And We appoint you, The Right Honourable SIR THOMAS EICHELBAUM,
to be the Chairperson of the Commission:
Power to adjourn
And for better enabling you to carry this Our Commission into
effect you are authorised and empowered, subject to the provisions
of this Our Commission, to make and conduct any inquiry or
investigation under this Our Commission in such manner and
at such time and place as you think expedient, with power
to adjourn from time to time and from place to place as you
think fit, and so that this Our Commission will continue in
force and any such inquiry may at any time and place be resumed
although not regularly adjourned from time to time or from
place to place:
Consultation
and procedures
And you are required, in carrying this Our Commission into
effect,-
- to
consult with the public in a way that allows people to express
clearly their views, including ethical, cultural, environmental,
and scientific perspectives, on the use, in New Zealand,
of genetic modification, genetically modified organisms,
and products; and
- to
adopt procedures that will encourage people to express their
views in relation to any of the matters referred to in the
immediately preceding paragraph; and
- to
consult and engage with Maori in a manner that specifically
provides for their needs; and
- to
use relevant expertise, including consultancy and secretarial
services, and to conduct, where appropriate, your own research:
And you are
empowered, in carrying this Our Commission into effect,-
- to
prepare and publish discussion papers from time to time
on topics relevant to the inquiry; and
- unless
you think it proper in any case to withhold any evidence
or information obtained by you in the exercise of the powers
conferred upon you,-
- to
include in any discussion papers prepared and published
by you all or any of that evidence or information; and
- to
publish or otherwise disclose in such other ways as
you think fit all or any of that evidence or information:

General provisions
And, without limiting any of your other powers to hear proceedings
in private or to exclude any person from any of your proceedings,
you are empowered to exclude any person from any hearing,
including a hearing at which evidence is being taken, if you
think it proper to do so:
And you are strictly charged and directed that you may not
at any time publish or otherwise disclose, except to His Excellency
the Governor-General in pursuance of this Our Commission or
by His Excellency's direction, the contents or purport of
any report so made or to be made by you:
And it is declared that the powers conferred by this Our Commission
are exercisable despite the absence at any time of any 1 or
any 2 of the members appointed by this Our Commission so long
as the Chairperson, or a member deputed by the Chairperson
to act in the place of the Chairperson, and at least 1 other
member, are present and concur in the exercise of the powers:
And We do further declare that you have liberty to report
your proceedings and findings under this Our Commission from
time to time if you judge it expedient to do so:
Reporting
date
And, using all due diligence, you are required to report to
His Excellency the Governor-General in writing under your
hands, not later than 1 June 2001, your findings and opinions
on the matters aforesaid, together with such recommendations
as you think fit to make in respect of them:
And,
lastly, it is declared that these presents are issued under
the authority of the Letters Patent of Her Majesty Queen Elizabeth
the Second constituting the office of Governor-General of
New Zealand, dated 28 October 19831, and under the authority
of and subject to the provisions of the Commissions of Inquiry
Act 1908, and with the advice and consent of the Executive
Council of New Zealand.
In witness whereof We have caused this Our Commission to be
issued and the Seal of New Zealand to be hereunto affixed
at Wellington this 8th day of May 2000.
Witness Our Right Trusty and Well-beloved Counsellor Sir Michael
Hardie Boys, Principal Knight Companion of Our New Zealand
Order of Merit, Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George, Principal Companion
of Our Service Order, Governor-General and Commander-in-Chief
in and over New Zealand.
MICHAEL
HARDIE BOYS, Governor-General.
By His Excellency's Command-
HELEN CLARK, Prime Minister.
Approved in Council-
MARIE SHROFF, Clerk of the Executive Council.
1SR 1983/225
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Extending
Time Within Which Royal Commission on Genetic Modification
May Report
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: To The Right Honourable Sir THOMAS EICHELBAUM,
G.B.E., of Wellington, formerly Chief Justice of New Zealand;
JACQUELINE ALLAN, of Auckland, medical practitioner; JEAN
SUTHERLAND FLEMING, of Dunedin, scientist; and the Right Reverend
RICHARD RANDERSON, of Auckland, Bishop of the Anglican Church:
GREETING:
Whereas by Our Warrant, dated 8 May 2000*, issued under the
authority of the Letters Patent of Her Majesty Queen Elizabeth
the Second constituting the office of Governor-General of
New Zealand, dated 28 October 1983**, and under the authority
of and subject to the provisions of the Commissions of Inquiry
Act 1908, and with the advice and consent of the Executive
Council of New Zealand, we nominated, constituted, and appointed
you, the said The Right Honourable Sir THOMAS EICHELBAUM,
JACQUELINE ALLAN, JEAN SUTHERLAND FLEMING, and the Right Reverend
RICHARD RANDERSON to be a Commission to inquire into, investigate,
and report upon certain matters relating to genetic modification:
And whereas
by Our said Warrant you are required to report to Her Excellency
the Governor-General, not later than 1 June 2001, your findings
and opinions on those matters, together with such recommendations
as you think fit to make in respect of those matters:
And whereas
it is expedient that the time for so reporting should be extended
as hereinafter provided:
Now, therefore,
We do by these presents extend, until 27 July 2001, the time
within which you are so required to report without prejudice
to the continuation of the liberty conferred on you by Our
said Warrant to report your proceedings and findings from
time to time if you should judge it expedient to do so:
And we
do hereby confirm Our said Warrant, dated 8 May 2000*, and
the Commission constituted by that Warrant save as modified
by these presents:
And, lastly,
it is declared that these presents are issued under the authority
of the Letters Patent of Her Majesty Queen Elizabeth the Second
constituting the office of Governor-General of New Zealand,
dated 28 October 1983**, and under the authority of and subject
to the provisions of the Commissions of Inquiry Act 1908,
and with the advice and consent of the Executive Council of
New Zealand.
In Witness
whereof We have caused these presents to be issued and the
Seal of New Zealand to be hereunto affixed at Wellington this
14th day of May 2001.
Witness
Our Trusty and Well-beloved The Honourable Dame Silvia Rose
Cartwright, Chancellor and Principal Companion of Our New
Zealand Order of Merit, Dame Commander of Our Most Excellent
Order of the British Empire, Principal Companion of Our Service
Order, Governor-General and Commander-in-Chief in and over
New Zealand.
[L.S.]
SILVIA CARTWRIGHT, Governor-General.
By Her Excellency's Command-
JIM ANDERTON, for Prime Minister. Approved in Council-
MARIE SHROFF, Clerk of the Executive Council.
* New Zealand Gazette, 11 May 2000, No. 49,
page 1072.
** SR 1983/225.
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