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Environmental lawyers say they remain concerned about the risks posed by glyphosate-based products, the most commonly used herbicide in Aotearoa, despite a rejection in the High Court.
Last week, the High Court dismissed the Environmental Law Initiative's (ELI) challenge of the Environmental Protection Authority's (EPA) decision not to reassess glyphosate, the main ingredient in weedkillers like Roundup.
The court found the EPA was lawful in its decision, following ELI's request for a reassessment of the chemical in September 2023.
The herbicidal ingredient was first introduced into Aotearoa in the 1970s, and has been commonly used by councils and others for weed management ever since, featuring in dozens of products sold in stores.
The ELI cited reports in its call for reassessment that showed negative effects of the chemical's use on human health, including "probable" carcinogenic qualities, and to the environment.
Photo: AFP
It would be reviewing the judgement that was made on 17 October.
Director of legal and research Dr Matt Hall said it was not seeking a ban, but a full risk reassessment to ensure the proper precautions could be taken to protect people and the environment.
He said the group was still concerned that it had never undergone a comprehensive risk assessment.
"While we didn't receive the key outcome we sought, we remain concerned that glyphosate and glyphosate-containing herbicides have never undergone a comprehensive risk assessment in Aotearoa New Zealand," he said.
"Glyphosate is the most widely used herbicide in the country, and we are amongst the most permissive regulators of it globally."
However, the EPA's manager of hazardous substances re-assessments, Dr Shaun Presow said glyphosate was probably one of the world's most studied chemicals, but not all pieces of research were up to international standards of reliability and trust.
"Glyphosate is a very old chemical, so it's not been reassessed under the current legislation, the Hazardous Substances and New Organisms or HSNO [Act]," he said.
"There hasn't been any need to do a reassessment because we haven't seen that new compelling information come through that would require us to have a look at those controls and to change them."
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'Safe to use'
He said the EPA considered glyphosate-based products safe to use, as long as people followed instructions to their use.
"We consider it safe to use as long as people read the label, follow the instructions, that's the most important thing.
"And if anything new does come down the pipeline, then we'll act as necessary."
Since 1990, ACC accepted 395 claims for injuries involving Roundup, paying out $875,000, and a further 20 claims for glyphosate, paying a further $6241, RNZ reported in January.
It was banned in countries like Vietnam or heavily restricted in others, such as the European Union where it was prohibited on crops pre-harvest and banned for consumer use in Germany and France.
A reassessment was carried out in the European Union between 2019-2023, which found there was no scientific or legal justification for a ban.
However, the European Commission wanted more detailed data from authors of a report that suggested carcinogenicity of the chemical in its 2023 decision.
Presow said the EPA did not believe a consumer ban was warranted with the information available on it at this time.
"The finding of the court, the decision that was made stands, and so there's no plan to look at glyphosate in the near future."
Presow said users must read the label, wear personal protective gear like gloves and goggles and use it only during calm, dry weather.
EPA guidelines also urged users to keep the chemical away from streams, lakes, ponds, and far away from children and pets when it was being sprayed.
