SUBMISSION 111673

Ko Matou Ko Nga Tino Rangatiratanga

PO BOX 105, KAEO 0448 [email protected]

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NGĀPUHI HSNO KOMITI TE OPE TAUMATA HE RAWA MOREAREA HE HA KOIORA

20th May 2016

ENVIRONMENTAL PROTECTION AUTHORITY

SUBMISSION ON APP202774 To apply for the modified reassessment of the insecticide Exirel to allow application by aerial methods

SUBMISSION APP202774

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SUBMISSION 111673

Ko Matou Ko Nga Tino Rangatiratanga

PO BOX 105, KAEO 0448 [email protected]

__________________________________________________________________________________ CONTENTS:

1. NGAPUHI HSNO KOMITI 2. WHAKAHAU O TE NGAPUHI HSNO KOMITI 3. KUPU O TE NGAPUHI HSNO KOMITI 4. I ROTO I TE MUTUNGA O TE NGAPUHI HSNO KOMITI

AUTHORS: VIOLET WALKER – CULTURAL COMPLIANCE MANAGER BRYCE SMITH – CULTURAL RELATIONS ADVISOR (09) 4062045 PO BOX 105 KAEO 0448 0210341963 02102680918 [email protected]

SUBMISSION APP202774

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SUBMISSION 111673

Ko Matou Ko Nga Tino Rangatiratanga

PO BOX 105, KAEO 0448 [email protected]

__________________________________________________________________________________ NGAPUHI HSNO KOMITI:

We the Ngāpuhi HSNO Komiti are a collective group of Maori Environmental Technicians covering a wide range of Culturally Sensitive environmental matters. We have come together as the Ngapuhi HSNO Komiti taking responsibility for all Hazardous Substances and New Organisms applications for this territory.

We the Ngāpuhi HSNO Komiti cover the territory of the Northern part of the North Island “I Raro Mai o Hauraki”. This territory we will identify as tribal areas, Murewhenua, Te Taitokerau, Hokianga North and South, Kaipara, Tamaki Makaurau and the Eastern Islands. Currently the Ngapuhi HSNO Komiti is the only Maori HSNO Roopu that receives and makes submissions on HSNO applications for the entire Northern Territory supported by Te Taumata Kaumatua o NgāPuhi nui tonu – I raro mai o Hauraki. Members within the Ngapuhi HSNO Komiti are also the Environmental Sub-Committee for the Te Taitokerau District Maori Council who is responsible and accountable to the New Zealand Maori Council – Aotearoa.

SUBMISSION APP202774

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SUBMISSION 111673

Ko Matou Ko Nga Tino Rangatiratanga

PO BOX 105, KAEO 0448 [email protected]

__________________________________________________________________________________ WHAKAHAU O TE NGAPUHI HSNO KOMITI: DuPont (New Zealand) Limited have made application to the Environmental Risk Management

Authority for a reassessment of the DuPont Exirel Insecticide (Exirel) application by aerial method. We have conducted our research on an “As an aerial insecticide application” basis. Therefor we comment as follows: 1. MANA We the Ngāpuhi HSNO Komiti are a collective group of Maori Environmental Technicians covering a wide range of Culturally Sensitive environmental matters. We have come together as the Ngapuhi HSNO Komiti taking responsibility for all Hazardous Substances and New Organisms applications for this territory. We will address specifically the proposed “Risks to Maori” within application APP202774. 2. RAHUI The preservation of our Lands, seas, mountains, streams, forests, birds, fishes, flora, fauna, invertebrates, insects, language, taonga, rongoa, waahi tapu, marae, whare and people is the formula used to access the application APP202774. 3. IHI Currently the Ngapuhi HSNO Komiti is the only Maori HSNO Roopu that receives and makes submissions on HSNO applications for the entire Northern territory supported by Te Taumata Kaumatua o NgāPuhi nui tonu. 4. WEHI Our communities within our territory both Maori and Other are fully aware of the devastating impacts of poorly managed chronic toxic chemical sprays on the whenua, kai roto and kai awa. We feel that more can be done to show commitment and responsibility to the public and our environment by the Commercial Industries, Contractors, Land-owners, Government Agencies, NGOs and the EPA to mitigate all potential hazards and ensure compliance of conditions of use is 100% achieved “To mitigate the risks identified in their assessment, the applicant has proposed downwind buffer zones of 100 m and 5 m for aerial and ground-based application respectively, along with other controls to mitigate risks to aquatic organisms and to bees”

There is not enough evidence provided within the application APP202774 to mitigate potential Risks to Maori.

SUBMISSION APP202774

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SUBMISSION 111673

Ko Matou Ko Nga Tino Rangatiratanga

PO BOX 105, KAEO 0448 [email protected]

__________________________________________________________________________________ 5. TIKA Tangata Whenua issues identified within our Northern territory for all applications of Hazardous Substances and New Organisms, in this case a review of Exirel – Insecticide must provide evidence from the applicant of how have they considered, taken into account and had regard for the following: (a) (b) (c) (d) (e) (f)

Failure to recognise and mitigate adverse effects on untargeted species Failure to recognise and mitigate adverse effects on endangered species Failure to recognise and mitigate adverse effects on native species Failure to recognise and mitigate adverse effects on cultural use of water Failure to recognise and mitigate adverse effects on Medicinal flora and fauna Failure to recognise and mitigate adverse effects on cultural and wild Kai harvesting practices (g) Failure to recognise and mitigate adverse effects on Traditional Cultivating practices (h) Failure to Consult with Tangata Whenua in an appropriate manner (i) Failure to acknowledge Tangata Whenua in an appropriate manner (j) Failure to address concerns within our communities (k) Failure to compensate, social, cultural, political, environmental, economic mistakes (l) Failure to recognise aviation laws and rules (m) Failure to recognise labelling compliances (n) Failure to take into account the articles of Te Tiriti o Waitangi (o) Failure to recognise and mitigate adverse effects on our Maori Sites of significance (p) Failure to recognise our Matauranga Maori

6. PONO Unfortunately, at this time, any insectiicide, including Exirel requiring Arial application within our Northern territory, the Northern part of the North Island as stated in (2 – Rahui), will be met with strong opposition. We offer this advice to the applicant to consider. That the use of Arial application devices for Exirel be seriously reconsidered in an attempt to mitigate, not only the chemical Exeril at this point, but the negligence of the contractor/s that apply such chemicals.

7. TUPU We fail to understand the reasoning, other than financial, for the applicant to request a reassessment of Exirel to encompass aerial methods of application. The applicant has failed to demonstrate sufficient evidence that they have conducted risk assessments on: (a) Aquatic non-target organisms that occupy a surface water body immediately adjacent to treatment sites. (b) The likely pathways for introduction of the chemical stressor to this aquatic water body including: SUBMISSION APP202774

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SUBMISSION 111673

Ko Matou Ko Nga Tino Rangatiratanga

PO BOX 105, KAEO 0448 [email protected]

__________________________________________________________________________________ • Direct deposition of applied product through spray drift • Mass transport of chemical stressor dissolved in run-off from the treated field, and • Mass transport of chemical stressor adsorbed to eroded solids from the treated field. Terrestrial The chemical ingredients within Exirel has the potential to produce direct adverse effects in some Non-target terrestrial insect species. It appears that sensitivity to the insecticide is quite varied among invertebrates. We suggest species specific risk assessment necessary (e.g., assessment of a N.Z nationally listed threatened or endangered species) it is recommended that closer evaluation of the potential representation of the invertebrate data set for a specific organism be considered. Aquatic Further risk assessment for freshwater invertebrates for Acute and Chronic risks should be conducted also. Labelling Restrictions: Mixing of the chemical needs to clearly warm user of dangers associated with incorrect “tank mixes”.

8. WAIRUA Our Northern territory is the only area of our two islands that has the shortest distances between our eastern and western coasts and as such has many similar culturally significant considerations. The applicant must have an outlook that what they consider may be good for some, may not be good for others. Assumption should therefore be avoided and a cautionary approach taken.

9. AROHA We support the Ngāi Tahu HSNO Komiti submission for APP202774

10. KUPU Applicant to (1) Provide further evidence that Risks to Maori have been fully investigated and mitigated as suggested in part 7 -TUPU and (2) Withdraw the application APP202774 until step (1) completed

11. I ROTO I TE MUTUNGA We the Ngapuhi HSNO Komiti oppose the application APP202774 – reassessment of Exirel in its entirety due to the applicant failure to address part 5- TIKA (a) – (p).and part 7 - TUPU Request that the EPA decline the application APP202774 SUBMISSION APP202774

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SUBMISSION 111673

Ko Matou Ko Nga Tino Rangatiratanga

PO BOX 105, KAEO 0448 [email protected]

__________________________________________________________________________________ All approved applications for chemical herbicides, pesticides, fungicides and insecticides should be rigorously monitored and reviewed at a minimum of every five (5) years from approval date.

We request to be heard in support of our submission

Naku na Ngapuhi HSNO Komiti

SUBMISSION APP202774

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