EDN application timeline

This timeline shows the progress of the EDN application.

Any application under the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) is required to follow a process, containing a number of steps, before a decision can be made. Some processes require additional steps to be made to accommodate public consultation and additional feedback.

This timeline identifies what has happened to date, when it happened and the key documents for each stage, in chronological order. 

*This timeline is best viewed in landscape on a mobile device.

Latest update - 18 February 2020

Direction and Minute 10 was published on this website.

July 2017 to July 2018 Plus
Date
Step
What happened in this step?
Related documents
17 July 2017

The application was formally received.

The timeframe was waived for this application (under s59 of the HSNO Act) and further information was requested (under s52 of the HSNO Act).

The EPA and the applicant were in discussions to ensure that the information and application form were complete. This was to ensure that the data and application form were appropriate and contained all information available at the time.

The applicant gave additional information to the EPA and the application form was required to be updated.

 
27 February 2018 The application was published on the EPA website and the public consultation period, where the public was given the opportunity to comment on the application, started.

During this period, a staff report and science memorandum were prepared for the DMC. The report evaluated and analysed the data provided by the applicant, the submissions (when available) and any other information. A report was commissioned from an independent air dispersion modelling expert (referred to in the remainder of this timeline as the EPA’s consultant).

Due to the interactions between the HSNO Act and Health and Safety and Work Act, WorkSafe New Zealand was also required to complete an assessment of the material. This was incorporated into the EPA staff report.

The EDN application

The appendices to the EDN application

Summary of EDN application and guidance for submitters

12 April 2018 The public submission period was due to close on this day. It was extended however at the request of the public (under s59 of the HSNO Act).  
19 April 2018 The public submission period closed. 43 submissions were received. Links to these submissions start with 'SUBMISSION'
26 April 2018 The timeframe required between the close of submissions and the hearing was waived, due to the volume of submissions received requiring evaluation and analysis (under s59 of the HSNO Act).  
26 July – 1 August 2018 The EPA and the applicant agreed on the date of the hearing to accommodate the availability of the applicant. New dates were agreed to be the 21 August 2018 in Wellington and 28 – 29 August 2018 in Rotorua. During this process, the applicant noted they had new information to provide.

The Notice of Hearing in Wellington

The Notice of Hearing in Rotorua

 

August 2018 Plus
Date Step What happened in this step? Related documents
10 August 2018 The staff report and the science memorandum were published on the EPA website.

EPA staff report

EPA science memorandum

Report by EPA's consultant

WorkSafe NZ's report

 
20 August 2018 The applicant provided new information about EDN.  

New information provided by the applicant

Appendix to new information provided by the applicant

21 August 2018 The public hearing was held in Wellington. The DMC decided to accept the new information provided by the applicant. The new information triggered additional steps to be taken, which were outlined in a Direction and Minute as noted below.   Transcript of Wellington hearing
23 August 2018 The DMC issued a Direction and Minute about its desire to visit to a commercial fumigation facility. A Direction and Minute is a tool used by the DMC to communicate matters associated with an application to all parties. For example allowing for new information to be made public, and outlining next steps. Direction and Minute Number 1
The DMC issued a Direction and Minute relating to the late submission of new information from the applicant. It decided to hold two rounds of expert conferencing on the information (the tolerable exposure limits and air concentration dispersion modelling) between 24 September and 12 October 2018. The applicant and submitters were directed to nominate experts who may participate.  Direction and Minute Number 2
28 – 29 August 2018 The public hearing was held in Rotorua.   Transcript of Rotorua hearing
31 August 2018 The DMC issued a Direction and Minute relating to its visit to a commercial fumigation facility. This visit was detailed in the Direction and Minute dated 23 August 2018. Direction and Minute Number 3
September and October 2018 Plus
Date
Step
What happened in this step?
Related documents
5 September 2018 Deadline for applicant and submitters to nominate experts for the expert conferencing mentioned above.    
14 September 2018 The DMC issued a Direction and Minute notifying the expert conferencing. This included choosing experts nominated by the EPA, the applicant and other submitters and finding an appropriate time for the expert conferencing. Direction and Minute Number 4
4 October 2018 Expert conferencing took place specifically on air concentration dispersion modelling.    
11 – 12 October 2018 Expert conferencing took place specifically on tolerable exposure limits.    
12 October 2018 A joint statement was issued as a result of the expert conferencing on tolerable exposure limits. These joint statements were from all participants in the expert conferencing and clearly set out where there was agreement and disagreement on relevant maters.

Joint statement on tolerable exposure limits

Appendix 1 to joint statement on tolerable exposure limits

Appendix 2 to joint statement on tolerable exposure limits

Appendix 3 to joint statement on tolerable exposure limits

Appendix 4 to joint statement on tolerable exposure limits

15 October 2018 A joint statement was issued as a result of the expert conferencing on air concentration dispersion modelling.

Joint statement on air concentration dispersion modelling

Appendix to joint statement on air concentration dispersion modelling

November and December 2018 Plus
Date
Step
What happened in this step?
Related documents
2 November 2018 Advice from EPA’s consultant was received. The EPA’s consultant’s advice was published on the website. Advice from EPA's consultant
8 November 2018 Deadline for EPA's public documents to be updated after expert conferencing.
22 November 2018 Deadline for comments to be received after expert conferencing. Three comments were received. Links to these comments start with "COMMENT"
11 December 2018 As a result of the expert conferences and submissions, the DMC forwarded questions to the EPA’s consultant.   This forms part of the minutes of the 18 December 2018 teleconference.
18 December 2018 The DMC held a teleconference with the EPA’s consultant and staff in relation to questions posed by the DMC on 11 December 2018.  

Minutes of the 18 December 2018 teleconference (Direction and Minute Number 5)

Appendix to the minutes of the 18 December 2018 teleconference (response to questions from the EPA's consultant)

20 December 2018 – 15 January 2019 The statutory shutdown period of the HSNO Act, when decisions cannot be made. This is a statutory requirement of the HSNO Act. No decision, or change in application status, can be made during this time.  

 

January 2019 to June 2019 Plus
Date
Step
What happened in this step?
Related documents
28 January 2019 The DMC issued a Direction and Minute requesting more information. The Direction and Minute specifically requested a response from both WorkSafe NZ and the applicant and a more general response from other parties. Direction and Minute Number 6
22 February 2019 Deadline for a specific response from both WorkSafe NZ and the applicant from the previous Direction and Minute. A total of 9 responses were received, including one from WorkSafe NZ and one from the applicant. The links to these responses start with "RESPONSE" 
8 March 2019 Deadline for a general response from other parties from the previous Direction and Minute.
5 April 2019 The DMC issued a Direction and Minute following review and consideration of all responses received to previous Direction and Minute Number 6.   Direction and Minute Number 7
10 May 2019 Deadline for supplying information outlined in Direction and Minute 7. Partial provision, by the applicant, of information outlined in D&M7.
The applicant advised of further timeframes for outstanding information.
The links to the documents received by 10 May 2019 start with "New_information"
15 May - 14 June 2019   Further information provided by the applicant on 15 May, 20 May, and 14 June 2019. The links to the documents received after 10 May 2019 start with "Further_information"
18 June 2019 The DMC issued a Direction and Minute following review and consideration of information received in response to previous Direction and Minute Number 7.   Direction and Minute Number 8

 

October 2019 Plus
Date Step What happened in this step Related documents
09 October 2019 The Addendum to Staff Report was published on the EPA website   Addendum to Staff Report
December 2019 Plus
Date Step What happened in this step Related documents
11 December 2019 The DMC issued a Direction and Minute to allow the applicant to provide new information. The applicant sent a letter requesting to provide new information. The DMC has issued Direction and Minute 9 allowing this request and setting out specific actions in relation to any new information.

Direction and Minute Number 9

Letter from applicant to DMC

February 2020 Plus
Date  Step What happened in this step Related documents
18 February 2020 The DMC issued a Direction and Minute after reviewing the new information was provided by the applicant The DMC released Direction and Minute 10. This direction and minute addresses the responses received from the applicant and WorkSafe to Direction and Minute 9.

Direction and Minute Number 10

Response from WorkSafe to Direction and Minute 9

Response from the applicant to Direction and Minute 9