ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
Date signed: 16 June 2006
Application code
Application category
Applicant
Purpose
Date received
Consideration date
Considered by
S2606002
Determination of whether or not any organism is a new
organism under section 26 of the Hazardous Substances and
New Organisms (HSNO) Act 1996
The Agency (ERMA New Zealand)
To determine whether or not Pseudomonas syringae is a new
organism under Section 26 of the HSNO Act
29 May 2006
16 June 2006
Committee of the Authority
1
Decision
1.1
The Committee has determined that Pseudomonas syringae van Hall 1902 is not a
new organism under section 26 of the Hazardous Substances and New Organisms
(HSNO) Act 1996 (the Act).
2
Purpose of the application
2.1
The Agency (New Organisms Group of ERMA New Zealand) requested this
determination as a result of an application to the Hazardous Substances Group of
ERMA New Zealand contending that the bacterium Pseudomonas syringae is a
natural bacterium that occurs on many kinds of plants throughout the world and has
been reported to be found in New Zealand.
3
Application and consideration process
3.1
The application was formally received on 29 May 2006. In accordance with section
19(2)(b) of the Act, the Authority appointed a Committee comprising Drs Max
Suckling (Chairperson), Kieran Elborough, and Val Orchard to consider the
application. Unless otherwise stated, references to section numbers in this decision
refer to sections of the Act.
3.2
The following information was available to the Committee for this determination:
 ERMA New Zealand Evaluation and Review (E&R) Report (including
appendices).
3.3
The determination was made in accordance with section 26 of the Act. It is noted
that the HSNO (Methodology) Order 1998 relating to the identification, assessment
and evaluation of risks, costs and benefits is largely not applicable to section 26
determinations. Applications under section 26 of the Act do not require public
notification.
3.4
In accordance with section 26(2)(b) of the Act, the Department of Conservation
(DoC) and the Ministry of Agriculture and Forestry Biosecurity New Zealand
(MAF BNZ) were informed of the application and asked to comment.
3.5
DoC commented: “The Department is aware that Pseudomonas syringae is
commonly found in the New Zealand environment and is a common pest in the
horticulture industry”.
3.6
MAF BNZ commented: “MAF Biosecurity New Zealand is of the view that
Pseudomonas syringae is a not new organism to New Zealand and agrees with the
evidence provided in Pennycook (1989)”.
4
Reasons for the decision
4.1
For an organism to be determined as being a new organism under section 26 of the
Act, the organism must be shown to meet one of the criteria in section 2A(1) of the
Act defining a new organism. In the case of Pseudomonas syringae, the Committee
first considered the criterion that:
 This species was present in New Zealand immediately before 29 July 1998
(section 2A(1)(a)).
4.2
Taking into account the information in the E&R report and comments from DoC
and MAF BNZ noted in sections 3.5-3.6 above, the Committee considered that
there is sufficient evidence to show that Pseudomonas syringae does not meet the
definition of a new organism as defined in section 2A(1)(a) as this species was
present in the uncontrolled New Zealand environment since before 29 July 1998.
4.3
The Committee considered that remaining definitions of a new organism in section
2A were not relevant to this determination.
4.4
The Committee followed the decision path set out in Appendix 1 of the
E&R Report.
5
Conclusion
5.1
In accordance with section 26 of the HSNO Act 1996 and having regard to the
information provided by all relevant parties, as detailed above, the Committee
determines that Pseudomonas syringae van Hall 1902 is not a new organism for
the purposes of the HSNO Act 1996, and directs that this decision be enacted by
notice in the New Zealand Gazette.
_____________________
16 June 2006
Dr Max Suckling
Date
Chair, New Organisms Standing Committee of the Authority
Environmental Risk Management Authority Determination: S2606001
Page 2 of 2