Abstract
New Zealand’s organics sector has grown significantly in recent years, with production reaching NZD $600 million in 2018 (Organics Aotearoa New Zealand (OANZ) OANZ Market Report 2018 at 16). In a 2017 survey, 72% of New Zealanders indicated that they buy organic products some, most, or all of the time (Colmar Brunton “Sustainable Development Goals” (2017) at 26). Despite this growth, New Zealand does not have a mandatory standard for organics. Instead, organics must comply with a number of overarching laws that apply to non-organic products, including the Food Act 2014, the Fair Trading Act 1986, the Wine Act 2003 and the Animal Products Act 1999. In addition, there are a variety of voluntary organic standards as well as private certifiers. Hence, it has been reported that only 7% of the consumers who purchase organic foods fortnightly are able to identify all aspects of an organic product (OANZ Market Report 2018 at 9).
Growing concerns from consumers, trading partners and industry highlighted the lack of a mandatory standard as a challenge facing New Zealand’s organic sector. Recognising the impediment this presents to the growth of New Zealand’s organic market, the New Zealand Government initiated a public consultation process in 2018. Following the consultation process, the Government announced that it would develop a national standard for organic production.
This chapter examines the history and development of organic food production in New Zealand. It begins by briefly examining early developments before turning to the regulation of food production in New Zealand and its application to organic products. The chapter then explores issues surrounding aspects of the voluntary regime, such as the involvement of private certifiers and application of private standards. It concludes by discussing the key factors behind the Government’s decision to consult on the introduction of a mandatory domestic organics standard.
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Notes
- 1.
OANZ Market Report 2018 at 16.
- 2.
Colmar Brunton “Sustainable Development Goals” (2017) at 26.
- 3.
OANZ Market Report 2018 at 17.
- 4.
Ibid., at 5.
- 5.
The consultation was concerned with primary and processed products, including food and beverages, animal and plant products, live animals and wool.
- 6.
FAO/WHO Codex Alimentarius Commission, 1999.
- 7.
https://www.ifoam.bio/en/organic-landmarks/principles-organic-agriculture .
- 8.
Paul Kristiansen “Overview of organic agriculture ” in Paul Kristiansen, Acram Taji and John Reganold (eds) Organic Agriculture: A Global Perspective (CSIRO, 2006) at 4.
- 9.
G T Alley and D O W Hall The Farmer in New Zealand (Department of Internal Affairs, 1951, Wellington) at 1. These include: kumara; taro; yam; gourd; ti pore; and aute.
- 10.
Louise Furey “Maori gardening” Science & Technical Publishing 2006 at 10.
- 11.
Te Ara “Story: Ahuwhenua – Māori land and agriculture” https://teara.govt.nz/en/ahuwhenua-maori-land-and-agriculture/page-1
- 12.
Te Ara “Story: Māori foods – kai Māori” https://teara.govt.nz/en/maori-foods-kai-maori
- 13.
Ibid.
- 14.
Ibid.
- 15.
- 16.
State Services Commission “The Story of the Treaty Part 2” (2005) at 6.
- 17.
Hargreaves above n 15.
- 18.
Geoff Kira “A utopia of food systems” New Zealand Land & Food Annual (2017) Vol 2 at 69.
- 19.
Quoted in G. T. Alley and D. O. W. Hall, The farmer in New Zealand. Wellington: Department of Internal Affairs, 1941 at 22.
- 20.
State Services Commission “The Story of the Treaty Part 2” (2005) at 6.
- 21.
The Encyclopedia of New Zealand “Superphosphate” https://teara.govt.nz/en/superphosphate/page-3
- 22.
Tom Brooking “Past, present and future sustainability challenges for farming” RMupdate Issue 18 (April 2006) at 2.
- 23.
The following were established: the Department of Scientific and Industrial Research in 1926; Massey Agricultural College in 1927, along with an upgrading of Lincoln University, founded in 1878).
- 24.
Ibid.
- 25.
Brooking above n 22 at 2.
- 26.
Hugh Campbell “Recent Developments in Organic Food Production in New Zealand” Research Report No.1 Department of Anthropology, University of Otago (1998) at 11.
- 27.
Nick Kim and Matthew Taylor “A tale of two metals” New Zealand Land & Food Annual (2017) Vol 2 at 102.
- 28.
Campbell above n 26 at 10.
- 29.
Ibid., at 11.
- 30.
J.T. Salmon “Report of Conservation Committee to the Royal Society of New Zealand on the Use and Effects of Modern Insecticides” Transactions and Proceedings of the Royal Society of New Zealand 1868–1961 (1959) at 11.
- 31.
Terry L Roberts “Cadmium and Phosphorous Fertilizers: The Issues and the Science” Procedia Engineering 83 (2014) 52 at 54.
- 32.
Kim and Taylor above n 27 at 104.
- 33.
Salmon above n 30 at 11.
- 34.
Rachel Carson Silent Spring (Mariner Book, 40th Anniversary Edition, New York, 2002) at 6.
- 35.
Ibid.
- 36.
Campbell above n 26 at 11.
- 37.
Ibid., at 12.
- 38.
Ibid.
- 39.
OANZ Market Report 2018 at 5.
- 40.
Ibid.
- 41.
The National Business Review “From hippies to millionaire-organic’s rise to popularity” https://www.nbr.co.nz/story/hippies-millionaires-organic-s-rise-fame
- 42.
OANZ Market Report 2018 at 5.
- 43.
MPI “New Zealand’s organic food industry to benefit from new arrangement with China” https://www.mpi.govt.nz/news-and-resources/media-releases/new-zealands-organic-food-industry-to-benefit-from-new-arrangement-with-china/ .
- 44.
CPTPP, Chapter 8 Technical Barriers to Trade, Annex A-G “Organic Products” at 8–38.
- 45.
Louise Delany Health Law- A to Z of New Zealand Law (Thomson Reuters, 2015) at 28.4.4.
- 46.
Section 14.
- 47.
The maximum penalties are now NZD $100,000 for individuals and NZD $500,000 for companies.
- 48.
Section 397(Kristiansen, 2006).
- 49.
Section 404(Organics Aotearoa New Zealand: New Zealand organic report 2018, 2018).
- 50.
The Animal Products Act 1999, s 4 (risk-factors).
- 51.
Section 10 of the Fair Trading Act 1986 says that no person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, manufacturing process, characteristics, suitability for a purpose, or quantity of goods. Section 13(a) of the Fair Trading Act relates to false or misleading representations that goods are of a particular kind, standard , quality, grade, quantity, composition, style or model, or have had a particular history or particular previous use.
- 52.
New Zealand Commerce Commission “Fake organics land butcher with meaty $10,000 fine” https://comcom.govt.nz/news-and-media/media-releases/archive/fake-organics-land-butcher-with-meaty-$10,000-fine
- 53.
MPI Discussion Paper “Would New Zealand benefit from new organic regulation?” (August 2018) at 5.
- 54.
Beate Huber and others The World of Organic Agriculture . Statistics and Emerging Trends 2019 in Helga Willer and Julia Lernoud (eds) (Bonn Research Institute of Organic Agriculture (FiBL), Frick, and IFOAM – Organics International) at 32.
- 55.
MPI above n 53 at 6.
- 56.
Ibid., at 7.
- 57.
In 1998 MAF was restructured for the seventh time in a decade, two new State Owned Enterprises being spun off – AgriQuality NZ Ltd. and Assure NZ Ltd. AgriQuality had jurisdiction over quality assurance services for a wide range of foods while Assure was charged with auditing compliance.
- 58.
The AsureQuality Organic Standard can certify products to gain access to certain regulated and non-regulated organic export markets. Regulated markets include certification to the National Standard of Canada, whereas non-regulated organic export markets include Australia and Fiji.
- 59.
Inspectors visit the operators (farmers and processors) annually to collect information about their methods. In preparing for the inspection, the farmer needs to supply a farm management plan, an annual report, declarations from merchants and other farmers from whom supplies have been obtained and a farm profile detailing the farm physical characteristics such as soil type. A committee of assessors, most of whom are experienced biodynamic farmers and/or processors, then decides whether to grant certification.
- 60.
“Tikanga Māori food verification system extends to other cultures”, 27 November 2017, https://www.maoritelevision.com/news/education/tikanga-maori-food-verification-system-extends-other-cultures
- 61.
OrganicFarmNZ “OFNZ Farmers” https://www.organicfarm.org.nz/ofnz-farmers
- 62.
Registration and Performance Measurement Criteria for Operators – Organic Producers (NZFSA Standard OP3), August 2003 Version Two, available at: https://www.mpi.govt.nz/dmsdocument/593-ooap-standard-op3-registration-and-performance-measurement-criteria-for-operators
- 63.
Technical Rules for Organic Production, MAF Standard OP3, Appendix Two, Version 7.1, available at: https://www.mpi.govt.nz/dmsdocument/596-ooap-standard-op3-appendix-2-technical-rules-for-organic-production
- 64.
NZFSA Standard OP1, August 2005, Version Two, available at: https://www.mpi.govt.nz/dmsdocument/120-ooap-standard-op1-accreditation-recognition-and-performance-measurement-criteria-for-third-party-agencies-and-their-personnel
- 65.
NZFSA Standard OP2, August 2005, Version Two, available at: https://www.mpi.govt.nz/dmsdocument/121-ooap-standard-op2-third-party-agency-responsibilities
- 66.
OANZ Market Report 2018 at 21.
- 67.
Soil & Health Submission on MPI Discussion Paper NO: 2018/19 “Submission on an organic standard in New Zealand” 11 June 2018.
- 68.
Ministry for the Environment “Valuing New Zealand’s clean green image” August 2001.
- 69.
Primary Production Committee “Briefing from Organics Aotearoa New Zealand” (April 2016).
- 70.
New Zealand House of Representatives Report of the Primary Production Committee “Briefing from organics Aotearoa New Zealand” (31 March 2016) at 2.
- 71.
Soil & Health Submission on MPI Discussion Paper above n 53.
- 72.
OANZ Market Report 2018 at 9.
- 73.
Ibid., at 10.
- 74.
Ibid.
- 75.
Organic Agriculture , http://www.organicag.co.nz/certification/
- 76.
New Zealand House of Representatives above n 70.
- 77.
MPI “Would New Zealand benefit from new organic regulation?” Summary of submissions MPI Information Paper No: 2018/05 at 2.
- 78.
Ibid.
- 79.
PRNewswire “Organic Skin Care 2018: Global Industry Forecasts to 2024 - CAGR Expected to Grow at 10%” 25 May 2018 https://www.prnewswire.com/news-releases/organic-skin-care-2018-global-industry-forecasts-to-2024%2D%2D-cagr-expected-to-grow-at-10-300654926.html
Abbreviations
- DDT:
-
Dichloro-diphenyl-trichloroethane
- FSANZ:
-
Food Safety Australia and New Zealand
- MPI:
-
Ministry for Primary Industries
- OMARS:
-
Overseas Market Access Requirements
- CPTPP:
-
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- TPA:
-
Third Party Agency
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Epps, T., Wheeler, D. (2020). Regulation of the New Zealand Organics Sector. In: GOH, B., Price, R. (eds) Regulatory Issues in Organic Food Safety in the Asia Pacific. Springer, Singapore. https://doi.org/10.1007/978-981-15-3580-2_14
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