3 The man at the top Vol 17 No 33, August 20, 2018
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Law to get tough Neal Wallace
P
neal.wallace@globalhq.co.nz
RIMARY Industries Ministry officers now have greater search and surveillance powers than police, lawyers say. The new law passed under urgency by Parliament strengthens the National Animal Identification and Tracking Act and allows officials to enter farms unannounced without a warrant to search for and seize items. Penalties under the changes vary from infringement fees of $400 up to fines of $200,000 and five years in jail. Ashburton law firm Tavendale and Partners partner Kirsten Maclean said the powers contradict claims MPI wants to work with farmers over the Mycoplasma bovis outbreak. The extent of MPI’s search and surveillance powers over farmers exceeds what police have over suspected drug dealers but, more significantly, add to the stress many farmers are already under dealing with the disease. “It flies in the face of all the messages that MPI wants to work alongside farmers to eradicate the disease.” The Government said the changes are needed because not all farmers comply with Nait and to assist with eradication but Maclean said the best hope of achieving that is to work collaboratively alongside farmers. “I do think this kind of law, introduced without consultation or being heard by a select
committee, will mean farmers see themselves below drug dealers.” Maclean said her firm is working with 30 farmers facing M bovis controls and while each case is different the farmers face stress and uncertainty. Her firm has avoided publicity but its lawyers are so aghast at the passing of legislation Maclean contacted Farmers Weekly to voice her concern. Having up to 10 officials go onto a farm where cows are being culled is stressful for the farmers, staff and stock. But now knowing officials can go onto a farm unannounced, without a warrant and seize property heightens that anxiety and uncertainty. National Party agriculture spokesman Nathan Guy said when in opposition the current coalition Government parties opposed the search and surveillance powers they passed in to law on Thursday. While acknowledging Nait laws need improving he said Labour, NZ First and the Greens in 2012 considered the same search and surveillance powers a breach of civil liberties. Guy said they are so extensive they should have been considered by a select committee but that was rejected by the Government. National proposed an amendment that an officer needs reasonable cause to suspect non-compliance with Nait before entering a property and a curb to powers to seize property without a warrant. “Unfortunately, both of these safeguard amendments were voted down by the Government.” National eventually voted in
The extent of MPI’s search and surveillance powers over farmers exceeds what police have over suspected drug dealers. Kirsten Maclean Taverndale and Partners
ACCUSED: Biosecurity Minister Damien O’Connor has been accused of giving agriculture officials greater powers over farmers than police have to deal with drug dealers.
favour of the changes because of the importance of the issue but also because the Government agreed to report back to Parliament in 12 months on how the surveillance and search powers are administered and used. Biosecurity Minister Damien O’Connor said the M bovis
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response highlighted problems with Nait that should have been fixed years ago. The changes align the Nait Act search powers with the Search and Surveillance Act, make it clear all animal movements must be declared to Nait even if the new location is not a registered Nait location and hold to account
those who fail to declare those movements. The Government is also making M bovis a notifiable organism under the Biosecurity Act, meaning people who suspect the presence of the disease in a new location must report it to MPI. “Since getting the Nait Review in April compliance activities have been stepped up with hundreds of on-farm checks, compliance warnings, stock truck checks and 39 infringement notices – compared with one in the previous five years,” O’Connor said. The amendments were welcomed by DairyNZ and Beef + Lamb NZ. DairyNZ chief executive Dr Tim Mackle said legislated changes are clearly necessary because some farmers have not fulfilled Nait obligations. B+LNZ policy and advocacy general manager Dave Harrison said the amendments represent a good first step towards improving the Nait system while meeting calls for stronger penalties and compliance action against farmers who put the industry at risk.
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