ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
Amended under section 67A on 01 June 2006
Decision amended under section 67A to change the location of the North Island trial site
and the length of the buffer zones between the trial site and neighbouring land.
Original decision signed on 23 February 2006
Application Code
HSC05028
Application Type
To import or manufacture hazardous substances in
containment under Section 31 of the Hazardous
Substances and New Organisms (HSNO) Act 1996
Applicant
Connovation Limited
P O Box 58613
Greenmount
Purpose of the Application
Auckland
Feratox: to manufacture in containment, Feratox, to
provide research data for a variety of application
methods in the control of possums (field trials).
Date Application Received
27 October 2005
Consideration Date
23 February 2006
Considered by
Rob Forlong, Chief Executive of ERMA New Zealand
1
Summary of Decision
1.1
The application to manufacture into containment the hazardous substance Feratox
(aerial distribution), a 12 g bait containing a 50% w/w potassium cyanide capsule
(containing 95 mg potassium cyanide), is approved with controls in accordance with
the relevant provisions of the Hazardous Substances and New Organisms Act 1996 (the
HSNO Act) and the HSNO (Methodology) Order 1998 (the Methodology).
1.2
The substance has been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
Feratox (aerial distribution).
2
Legislative Criteria for Application
2.1
The application was lodged pursuant to section 31 of the HSNO Act. The decision was
determined in accordance with section 32, taking into account additional matters to be
considered in that section and matters relevant to the purpose of the HSNO Act, as
specified under Part II of the HSNO Act and the provisions of Part III of the Third
Schedule of the HSNO Act. Unless otherwise stated, references to section numbers in
this decision refer to sections of the HSNO Act.
2.2
Consideration of the application followed the relevant provisions of the Methodology.
Unless otherwise stated, references to clauses in this decision refer to clauses of the
Methodology.
3
Application Process
3.1
The application was formally received on 27 October 2005.
3.2
Project Team:
Nicola Reeves
Applications Advisor (Hazardous Substances)
Sue Scobie
Senior Science Advisor (Hazardous Substances)
Zack Bishara
Acting Manager (Māori Unit)
Report review and sign-out by:
Dr Peter Dawson
Principal Scientist (Hazardous Substances)
3.3
The applicant supplied the following documents:
 the application
 a trial management plan.
3.4
The following Government departments were advised of the receipt of the application
(in accordance with clause 2(2)(e)) and given the opportunity to comment:
 the Ministry of Health
 the Department of Conservation
 the Department of Labour (Workplace Group)
 the New Zealand Food Safety Authority (Agricultural Compounds
and Veterinary Medicines Group (ACVM Group)).
3.5
Additionally, Environment Canterbury, Environment Bay of Plenty and the Medical
Officers of Health for Canterbury and Bay of Plenty were notified of the receipt of this
application.
3.6
A copy of the draft controls proposed for this substance was provided to the Ministry of
Health, the ACVM Group, Environment Canterbury, Environment Bay of Plenty) and
the Medical Officers of Health for Canterbury and Bay of Plenty. These Agencies were
invited to comment on the controls.
ERMA New Zealand Decision: Application HSC05028
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3.7
A comment was received from the Ministry of Health stating that “with appropriate
HSNO controls, the Ministry has no objection to the acceptance of this application
based on non-confidential information provided from a public health perspective (nonoccupational). However, the public health implications that may arise from aerial
application of Feratox should be carefully considered if it will be used for other than
research purposes.”
3.8
Additionally, the Ministry of Health provided comments on the controls applicable to
this substance. The Ministry requested that Public Health Services be advised of the
application and suggested that the fate of cyanide in the environment, particularly
water, be studied. I note that the relevant Medical Officers of Health have been notified
of this application. I consider that information on the environmental fate of cyanide
would be useful and relevant if an ongoing approval were sought for aerial application
of this substance. However, given that this trial is to assess the efficacy of this
application method, I do not consider that the applicant should be asked to generate this
data at this time.
3.9
Bay of Plenty District Health Board provided comments on the controls applicable to
this substance and advised that they wished to be notified in writing of the location,
start, and completion of the trials and if any breaches of containment occur.
3.10
I also note a reference to permissions under section 95A of the HSNO Act in the
comment submitted on behalf of the Canterbury Medical Officer for Health. I consider,
that as this is a containment approval in which application of the substance has been
limited to two specific sites, it is not necessary for the applicant to request a further
permission under section 95A from the Authority (or the relevant Medical Officer of
Health as the Authority’s delegate) before using the substance in the proposed trials. It
is however, appropriate that the Medical Officer of Health is informed of when the trial
is to be carried out and I have applied a control to this effect (refer to appendix 1).
3.11
A further comment was submitted on behalf of the Medical Officer of Health for
Canterbury, after they were advised that section 95A of the HSNO Act would not apply
but that the applicant would be required to inform them of the details of the trial, stating
that “we would appreciate prior notification of start and completion dates and of any
mishap. Apart from this we have no objection to the trial.”
3.12
A comment was received from Environment Canterbury advising that generally a
consent is required from the relevant regional council for an aerial application of an
agrichemical as under section 15 of the Resource Management Act 1991 a contaminant
cannot be discharged to land in circumstances whereby it may enter water.
3.13
A comment from the ACVM Group was received advising that “as this application will
be considered under the ACVM Act, any issues which may arise under the Acts
administered by MAF/NZFSA will be considered as part of that application.”
3.14
Nga Kaihautu Tikanga Taiao identified a research group, Kaupapa Kereru, as a party
that may have had a potential interest in this application. Part of the work done by
Kaupapa Kereru involves radio-tracking kereru within the Hinewai Reserve, Akaroa.
This reserve was originally proposed as a trial site by the applicant. The applicant has
contacted this group and has agreed to advise them of the locations, start and
ERMA New Zealand Decision: Application HSC05028
Page 3 of 14
completion dates of the trial. Kaupapa Kereru has advised that this will enable them to
monitor potential effects of the trial on the birds they are tracking. I note that after
advising this group of the field trials, the applicant has proposed to move the trial site
from the Hinewai Reserve, due to low possum numbers, to neighbouring land. Given
that the trial is to be carried out in close proximity to the Hinewai Reserve where
Kaupapa Kereru are tracking birds, I consider it appropriate that the applicant still
advise the group of the start and completion dates and the location of the trial.
3.15
The applicant was provided with a copy of the proposed controls for Feratox (aerial
distribution) and given the opportunity to comment on them. The comments received
from the applicant were taken into account when considering this application.
4
Consideration
Sequence of the Consideration
4.1
This application was considered by the Chief Executive of ERMA New Zealand under
delegated powers from the Authority under section 19(2)(e) of the HSNO Act.
4.2
In accordance with section 32 of the Act, the approach adopted when considering this
application was to confirm whether the application was for one of the purposes
specified in section 30, to identify and assess the risks associated with the application
and to determine whether the substances could be adequately contained by controls to
provide for each of the matters specified in Part III of the Third Schedule of the Act.
Purpose of the Application
4.3
The purpose of the application is to manufacture in containment, Feratox (aerial
distribution), a 12 g bait containing a 50% w/w potassium cyanide capsule (containing
95 mg potassium cyanide). Containment trials to study the efficacy of aerial application
of Feratox for the control of possums will be conducted.
4.4
I note that the applicant indicates in their application form that this substance is
currently approved for manufacture in New Zealand. However, I note the 50% w/w
potassium cyanide capsule only, (not the 12 g bait with the caspule embedded) has
approval for import or manufacture.
4.5
I note that “research and development” is defined in the HSNO Act as “systematic
investigation or experimentation activities” involving a hazardous substance. I am
satisfied that the proposed purpose meets this wording and that the application qualifies
for consideration under section 30(ba) of the Act (“research and development on any
hazardous substance”).
Life Cycle
4.6
Connovation Ltd plans to study the efficacy of aerially applying potassium cyanide
baits for the control of possums. Feratox (aerial distribution) will be manufactured in
containment in New Zealand by Connovation Ltd. One 50% w/w potassium cyanide
ERMA New Zealand Decision: Application HSC05028
Page 4 of 14
capsule (containing 95 mg potassium cyanide) will be embedded in each 12 g Ferafeed
bait block.
4.7
The 12 g bait block is composed of cereal, sweetners, oils and plastic and contains a
capsule containing 95 mg potassium cyanide). The baits are dyed green to minimise
bird interference and contain cinnamon as a lure for possums. The cinnamon also repels
birds and insects.
4.8
Once manufactured the baits will be stored in a locked storeroom. The substance will be
transported to two trial sites, in the locked compartment of a vehicle. Field trials will
be undertaken at two sites on privately owned land to which the public does not have
access. Three trial sites have been identified by the applicant, two in the North Island,
Kaingaroa Timberlands compartment 951 (grid reference 2835700 6306100) and
Onuku Maori Trust land at Rotomahana (grid reference 2812400 6319800), and one in
the South Island on land owned by Richard and Jill Simpson in Akaroa (grid reference
251526 570909). The baits will be released by hand from a helicopter that is fitted with
GPS to accurately locate the trial sites. Application of the baits will be to areas of gorse
and blackberry. Once applied, baits will not be recovered from the trial site, but will
degrade or be consumed in situ. In total, the trials will involve application of a
maximum of 4320 baits over a total area of 120 hectares.
Hazardous Properties
4.9
I note that a containment application requires only sufficient understanding of the
hazardous properties to ensure that any risks of escape of the substance can be managed
by the containment controls.
4.10
I note that the substance to be used in this containment trial consists of a 50% w/w
potassium cyanide containing capsule (containing 95 mg potassium cyanide) embedded
in a 12 g bait block. The 50% w/w potassium cyanide capsule has a current approval for
importation and manufacture for release under Part V of the HSNO Act and as part of
this approval has been determined to trigger the following toxicity thresholds: acute
toxicity (6.1B), skin and eye irritation (6.3B and 6.4A respectively), skin sensitisation
(6.5B), suspected human reproductive developmental toxicity (6.8B) and target organ
toxicity (6.9B).
4.11
Additionally, the 50% w/w potassium cyanide capsule triggers the following
ecotoxicity thresholds: aquatic ecotoxicity (9.1A), soil ecotoxicity (9.2A), terrestrial
vertebrate ecotoxicity (9.3A) and terrestrial invertebrate ecotoxicity (9.4A).
4.12
Given that the 12 g bait to be used in this trial contains a 50% w/w potassium cyanide
capsule (containing 95mg of potassium cyanide), I expect it to pose similar hazards to
human health and the environment as are posed by the capsule.
Identification and Evaluation of the Significant Risks of the Substances in
Containment
4.13
In accordance with sections 5, 6, and 8 and clauses 9 and 11, I considered the potential
risks of escape from containment under the headings of environmental, human health
and welfare and Māori issues and concerns.
ERMA New Zealand Decision: Application HSC05028
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4.14
In the application, the applicant identified and assessed potential risks, and detailed
proposals for risk management and the impacts of these proposals. I have reviewed the
applicant’s assessment of the risks and agree that it is suitable for the consideration
below.
Risks to the Environment
4.15
I consider that Feratox (aerial distribution) has the potential to cause adverse effects on
the environment.
4.16
On the basis of the lifecycle of the substances outlined in paragraph 4.6, adverse effects
could arise from:




an accident during manufacture, storage, use or transportation, resulting in
release of the substance into the environment.
an accident during transportation of the bait by helicopter to the trial site and
during application of the substance from the helicopter resulting in the
substance being applied in an area other than the designated trial sites.
failure to follow the correct operational procedures as set out in the controls
and the Management Plan, resulting in release of the substance into the
environment.
exposure of non-target species at the trial site. These species include livestock
who may feed on bait, dogs (through direct ingestion of bait or through
secondary poisoning) and indigenous fauna (including birds).
4.17
I note that the two trial sites are areas of gorse and blackberry which livestock and dogs
are unlikely to enter and that the trial sites will additionally be fenced to prevent entry
by livestock. The applicant indicates that weka are considered to be the most at risk
birds, and that the trial sites identified are areas where Department of Conservation
maps show there are no weka. Additionally, the applicant advises that historical use of
encapsulated cyanide baits does not pose a risk to most birds and birds in the area of the
trial site are unlikely to access the bait that is dropped through gorse and blackberry
onto the ground.
4.18
I consider that, taking into account the containment controls listed in Appendix 1, the
nature of the trial sites (gorse and blackberry), the containment measures proposed by
the applicant in their Management Plan and controls in place under other legislation (for
example the Resource Management Act 1991), there are no significant risks to the
environment. I also consider that the controls in place are not too onerous to be
complied with and that they will address potential areas of risk; therefore, I am satisfied
that the risks to the environment are appropriately managed.
Risks to Human Health and Welfare
4.19
I consider that Feratox (aerial distribution) has potential to cause adverse effects on
human health and welfare.
4.20
On the basis of the lifecycle of the substance outlined in paragraph 4.6, adverse effects
could arise from:
ERMA New Zealand Decision: Application HSC05028
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


4.21
an accident during maufacture, storage, use or transportation, resulting in
release of the substance.
an accident during transportation of the by helicopter to the trial site and
during application of the substance from the helicopter resulting in the
substance being applied in an area other than the designated trial sites.
failure to follow the correct operational procedures as set out in the controls
and Management Plan, resulting in release of the substance from containment.
I consider that, taking into account the nature of the trial sites (gorse and blackberry on
private land that is considered ‘impenetrable’ and no public access is therefore
expected), the containment measures proposed by the applicant in their Management
Plan, and the containment controls in Appendix 1 and controls in place under other
legislation (e.g., there are no significant risks to the human health and welfare. I also
consider that the controls in place are not too onerous to be complied with and that they
will address potential areas of risk; therefore, I am satisfied that the risks to human
health and welfare are appropriately managed.
Māori issues and concerns
4.22
I have considered the potential Māori cultural effects of this application in accordance
with the Methodology clauses 9(b)(i) and 9(c)(iv) and sections 6(d) and 8 of the HSNO
Act, and the assessment framework contained in the ERMA New Zealand User Guide
“Working with Māori under the HSNO Act 1996”.
4.23
If the substance were released into the environment outside the contained areas, it is
likely to have an adverse effect on non-target terrestrial vertebrate species, including
native species, and therefore to the mauri of those ecosystems. However, standard and
suggested controls proposed for the trial will mitigate the risk of unintended release to
negligible levels.
4.24
From the information provided, and considering that the application is for field trials, I
consider that Feratox (aerial distribution) is unlikely to have an impact on the
relationship between Māori culture and their traditions with their ancestral lands, water,
sites, waahi tapu, valued flora and fauna and other taonga. This is on the condition that
the substance is used in accordance with the HSNO controls established for this
application, and in accordance with any other relevant controls applying under other
legislation.
4.25
In addition, the trial of this substance does not involve significant community exposure
or significant exposure to the environment, so I consider that there is no requirement for
the applicant to consult with Māori regarding this application.
4.26
However, should inappropriate or accidental use, transport or disposal of the substance
result in the contamination of waterways and or land, it is suggested that the applicant
notify the appropriate authorities including the relevant iwi authorities in the region.
This action should include advising them of the contamination and the measures taken
in response.
ERMA New Zealand Decision: Application HSC05028
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5
Containment and Controls
5.1
I have evaluated the adequacy of the containment arrangements proposed by the
applicant and the controls listed in Appendix 1, and note that these cover the matters set
out in Part III of the Third Schedule of the HSNO Act, being

to limit the likelihood of escape of any contained hazardous substances or
contamination by hazardous substances (for example, control 12)

to exclude organisms from a facility (for example, control 18)

to exclude unauthorized people from the facility (for example, control 18)

to prevent unintended release of the substances by experimenters working
with the substances (for example, control 8)

to control the effects of any accidental release of the substances (for
example, control 9)

inspection and monitoring requirements (for example, control 23)

qualifications required of the person responsible for implementing the
controls (for example, control 11).
5.2
I am satisfied that, with adherence to the controls listed in Appendix 1 and those
controls in place under other legislation, Feratox (aerial distribution) can be adequately
contained.
6
Decision
6.1
I have considered this application made under section 31, and pursuant to section 32, I
am satisfied that this application is for the purpose specified in section 30(ba) (research
and development on a hazardous substance).
6.2
Having considered the risks associated with the lifecycle of Feratox (aerial
distribution), I am satisfied that the controls imposed, including those in place under
other legislation, will result in the substances being adequately contained.
6.3
In accordance with clause 36(2)(b) of the Methodology I record that, in reaching this
conclusion, I have applied the criteria specified in section 32 of the HSNO Act.
6.4
I have also applied the following criteria contained in the Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 11 – characteristics of substances;
 clause 21 – the decision accords with the requirements of the Act
and regulations;
 clause 22 – the evaluation of risks – relevant considerations;
 clause 24 – the use of recognised risk identification, assessment,
evaluation and management techniques.
ERMA New Zealand Decision: Application HSC05028
Page 8 of 14
6.5
The application to manufacture in containment the hazardous substance Feratox (aerial
distribution) is thus approved pursuant to section 32 of the HSNO Act, with controls as
set out in Appendix 1.
Rob Forlong
Date 23 February 2006
Chief Executive of ERMA New Zealand
ERMA New Zealand Approval Code:
Feratox (aerial distribution):
HSC000229
Amendments, November 2005
Amendments have been made to:
Paragraph 4.8 - The lifecycle of this substance has been amended to reflect the change to the
North Island trial site from Kaingaroa Timberlands land, Rotorua (grid reference: 2810500
6312500) to Kaingaroa Timberlands compartment 951 (grid reference 2835700 6306100) and an
area on Onuku Maori Trust land at Rotomahana (grid reference 2812400 6319800).
Appendix 1, control number 4 – The location of the North Island trial site specified has been
changed from Kaiangaroa Timberlands forest land located near Waiotapu Village (Grid
reference: 2810500 6312500) to Kaingaroa Timberlands compartment 951 (grid reference
2835700 6306100) and to Onuku Maori Trust land at Rotomahana (grid reference 2812400
6319800).
Appendix 1, control number 17- The buffer zone between the trial site and water courses has
been reduced to 100 metres and the buffer zone between the trial site and neighbouring land has
been reduced to 50 metres. In addition, a sentence specifying that the Trial Director, or a person
acting on the Trial Director’s behalf, must walk the boundary of the trial site immediately
following application of the baits to check that no bait has been applied beyond the edge of the
trial site and the steps to be taken if application beyond the boundary has occurred.
Rob Forlong
Date 01 June 2006
Chief Executive of ERMA New Zealand
ERMA New Zealand Decision: Application HSC05028
Page 9 of 14
Appendix 1: List of controls that apply to the
hazardous substance Feratox (aerial distribution)
1. The manufacture of Feratox (aerial distribution) and the associated field trials shall be
undertaken in accordance with the Management Plan which accompanied the application
(accepting the changes in location of both trial sites, previously advised to ERMA New
Zealand). Modifications of the Management Plan may be approved in writing by ERMA
New Zealand providing that they comply with the following controls.
2. Notwithstanding the requirements of control 1 above, the trials shall also comply with the
following controls:
3. Access to the manufacturing facility shall be limited to authorised persons only.
4. The trials shall only be carried out at the three locations identified by the applicant as the
field trial sites. These locations (“the trial sites”) are as follows :
Kaingaroa Timberlands compartment 951 (grid reference 2835700 6306100)
Onuku Maori Trust land at Rotomahana (grid reference 2812400 6319800)
Land owned by Richard and Jill Simpson in Akaroa (grid reference 251526 570909).
5. During storage, Feratox (aerial distribution) shall be kept in a locked storeroom at the
premises of Connovation Ltd or Pest-Tech.
6. The substance shall be transported in a locked compartment of a vehicle and in accordance
with the Land Transport Rule (Dangerous Goods 2005) where applicable. An MSDS shall
kept with the substance during transport.
7. Any spillage of the substance during manufacture, transport (other than transport by
helicopter) and storage shall be swept up and placed in bins, bags or buckets and returned to
the manufacturer for disposal.
8. Feratox (aerial distribution) baits shall be dyed green.
9. Persons handling Feratox (aerial distribution) at any stage of its lifecycle, or cleaning up any
spilt substance for disposal, shall wear personal protective clothing.
10. The substance shall only be broadcast by hand from a helicopter using hand held buckets.
11. The helicopter shall be loaded in reasonable proximity to the trials sites and GPS shall be
used to locate the actual trial sites.
12. Requirements for the helicopter carrying out the aerial applications:
(1) The helicopter that is carrying out an aerial application must not, when flying to or from
the area where Feratox (aerial distribution) is applied, fly over a—
(a) public drinking water supply; or
(b) waterway that is less than 100 metres upstream of a point of extraction from a water
source for a drinking water supply (not being a water supply exclusively for stock).
ERMA New Zealand Decision: Application HSC05028
Page 10 of 14
(2) The helicopter that has carried out the aerial application, and all equipment used in
connection with the aerial application, must be decontaminated before the helicopter or
equipment is—
(a) used for another purpose; or
(b) removed from a place from which the application operation has been carried out.
(3) When an aerial application being carried out on a day has ceased for that day, the loading
area, and any area where the substance is stored in preparation for loading the substance on to
or into the aircraft, must be—
(a) decontaminated; or
(b) fenced so that—
(i) people do not inadvertently enter the area; and
(ii) stock cannot gain access to the area.
(4) An area that is fenced in accordance with paragraph (3)(b) must have signs erected at the
perimeter of the fence in accordance with paragraph (5).
(5) The signs referred to in paragraph (4) must—
(a) state that people and stock should stay out of the area until the signs, and any fence
around the area, have been removed; and
(b) identify the person responsible for the place, and provide sufficient information to
enable the person to be contacted during normal business hours; and
(c) identify the substance and state that it is toxic to human beings and ecotoxic to other
vertebrates; and
(d) comply with regulations 34 and 35 of the Hazardous Substances (Identification)
Regulations 2001, except that regulation 35 applies as follows:
(i) in relation to the information required to be included on the signs by paragraphs (a)
and (b), as if the distances referred to in regulation 35(3)(c) of those regulations were
a distance of not less than 2 metres; and
(ii) in relation to the information required to be included on the signs by paragraph
(c), as if the distances referred to in regulation 35(3)(c) of those regulations were a
distance of not less than 10 metres.
(6) The fence required by this control must remain in place until the place is decontaminated.
13. Lost, spilt, or unintended application of substances.
If Feratox (aerial distribution) is applied other than to the trial site, or is lost or spilt, the
person who is in possession when it was misapplied, lost, or spilt must report the nature and
quantity within 24 hours of the substance being misapplied, lost, or spilt to—
(a) the officer in charge of the nearest police station to which the person has access; and
(b) the nearest Medical Officer of Health or the Medical Officer of Health in whose
region the substance was misapplied, lost, or spilt; and
(c) each owner or occupier of land on which the substance may have been misapplied,
lost or spilt; and
(d) the person on whose behalf the substance is being applied.
14. Unauthorised persons to stay clear of the trial site.
(1) A person who is not lawfully assisting in the application or use of Feratox (aerial
distribution) must not remain in the vicinity of the application or use of the substance (as the
case may be).
ERMA New Zealand Decision: Application HSC05028
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(2) An enforcement officer may order a person who contravenes paragraph 14 (1) to
immediately leave the area in which the substance is being applied or used.
15. Feratox (aerial distribution) must be under the control of an approved handler (as defined in
regulation 3 of the Hazardous Substances and New Organisms (Personnel Qualifications)
Regulations 2001) at all times. During transport of packaged Feratox (aerial distribution) this
requirement is deemed to be complied with if the person who drives, loads, and unloads the
vehicle that is transporting the substance has a current dangerous goods endorsement on his
or her driver licence; and the Land Transport Rule: Dangerous Goods 2005 (Rule 45001) is
complied with.
16. The substance shall be applied only by personnel who hold a current VPC (vertebrate pest
control) licence or controlled substances licence.
17. A 100 metre buffer zone shall exist between the trial site and any watercourses. A 50 metre
buffer zone shall exist between the trial site and neighbouring land. The Trial Director, or a
person acting on the Trial Director’s behalf, must walk the boundary of the trial site
immediately following application of the baits to check that no bait has been applied beyond
the edge of the trial site. Where application of the baits has been made beyond the boundary
of the trial sites the bait shall be collected and re-used or returned to the manufacturer for
disposal. Additionally, the requirements of control number 13 shall be met.
18. The substance shall not be applied within 60 metres of a road or track.
19. At the trial sites not more than 36 baits shall be applied per hectare.
20. Adjoining landowners and occupiers shall be notified in writing of the trials. This notification
shall be done at least 1 week, but not more than 2 months, before application of the
substance. This written notification shall include:
 the name of the substance and that it contains cyanide, and
 the location of the trial sites, and
 the dates during when the substance will be applied to the trial sites, and
 the need to restrict access to the trial site by children, pets and livestock.
21. Access to the trial sites shall be by permission of the Trial Director1 or owner of the property
on which it is located.
22. The Trial Director shall ensure that signs are erected at every normal point of entry to the
trial sites where Feratox (aerial distribution) will be applied before the substance is applied.
These sign must remain in place until the substance has disintegrated, or has been destroyed,
or is no longer toxic, but not less than 4 months after the last application of the substance.
23. Signs placed at the trial sites must:
(a) state that people and stock should stay out of the area until the signs, and any fence
around the area, have been removed; and
(b) identify the person responsible for the place, and provide sufficient information to
enable the person to be contacted during normal business hours; and
1
The Trial Director is the individual appointed by the applicant to be responsible for the overall conduct of the
trial in accordance with the Management Plan and approval controls
ERMA New Zealand Decision: Application HSC05028
Page 12 of 14
(c) identify the substance and state that it is toxic to human beings and ecotoxic to other
vertebrates; and
(d) comply with regulations 34 and 35 of the Hazardous Substances (Identification)
Regulations 2001, except that regulation 35 applies as follows:
(i) in relation to the information required to be included on the signs by paragraphs (a)
and (b), as if the distances referred to in regulation 35(3)(c) of those regulations were
a distance of not less than 2 metres; and
(ii) in relation to the information required to be included on the signs by paragraph
(c), as if the distances referred to in regulation 35(3)(c) of those regulations were a
distance of not less than 10 metres.
24. The Trial Director shall ensure that the trial sites are fenced so that people do not
inadvertently enter the area; and stock cannot gain access to the area. Fences at the trial site
must remain in place until the substance is no longer toxic, but not less than 4 months after
the last application of the substance.
25. A record shall be kept of all use of the substance. This record shall cover all matters referred
to in Regulation 6 of the Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations
2001.
26. Information on appropriate safety precautions necessary to provide safeguards against the
substance’s toxic and ecotoxic properties shall accompany the substance at all stages of its
lifecycle.
27. Craig Pauling of Kaupapa Kereru shall be informed in advance of the location, start and
completion date of the trial to be conducted in the South Island.
28. The Department of Labour, [Attn. HSNO Project Manager (Workplace Group) P O Box
3705, Wellington], the Medical Officers of Health for Canterbury and Bay of Plenty, and
ERMA New Zealand shall be informed in writing (by letter, fax or email) of the location,
start, and completion of the trials. This notification shall be done at least 1 week, but not
more than 2 months, before the start of the trial. Notifications shall include the following
details:
Substances name
ERMA Application number
ERMA Approval number
ERMA Applications Advisor
Feratox (aerial distribution)
HSC05028
HSC000229
Nicola Reeves
29. If for any reason a breach of containment occurs, the Trial Director shall notify the
Department of Labour, the Medical Officers of Health for Canterbury and Bay of Plenty,
Environment Canterbury, Environment Bay of Plenty and ERMA New Zealand within 24
hours of the breach being detected. It is suggested that if a breach in containment results in
contamination of a waterway, the relevant iwi authorities be advised.
30. The Authority or its authorised agent or properly authorised enforcement officers, may
inspect the facilities and trial sites at any reasonable time.
ERMA New Zealand Decision: Application HSC05028
Page 13 of 14
31. This approval remains in place for the term of any concurrent approval required under the
Agricultural Compounds and Veterinary Medicines Act 1997, to a maximum of five years
from the date of this decision.
32. The maximum number of Feratox baits that shall be aerially applied under this five year
approval is 4320.
ERMA New Zealand Decision: Application HSC05028
Page 14 of 14