Moth sprayers absolved of legal liability

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        Subject:     Moth sprayers absolved of legal liability
           
Date:     Thur, 17 Oct 2002
           From:     Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

cc:    Christine Whitman whitman.christine@epa.gov

Moth sprayers absolved of legal liability THURSDAY , 17 OCTOBER 2002

Fresh questions are being raised over the safety of aerial spraying over Auckland after the Government moved to absolve the contractors of legal liability for health claims.

Officials have refused to reveal the contents of the spray, which is being sprayed over 160,000 Auckland homes in a $90 million programme to eradicate the painted apple moth, a pest thought to have arrived from Australia.

The Government has given an assurance that the spray is safe.

A Government spokeswoman said it was normal practice to indemnify contractors from legal action.

It was also done during the previous programme to eradicate the white spotted tussock moth and did not absolve the Crown of liability.

Associate Agriculture Minister Damien O'Connor said the contents of the painted apple moth spray were a "trade secret", but the active ingredient was a common soil bacterium commonly known as BTK.

"BTK has been used for over 30 years and following its use in the spotted tussock moth eradication a report prepared by public health officials in Auckland found no significant adverse health effects associated with its aerial application."

NZ First MP Brent Catchpole said the Government's move to indemnify the agents, State-owned agency AgriQuality, against legal claims raised concerns.

"After all the assurances . . . why is the deputy prime minister now issuing an indemnity to AgriQuality NZ Ltd against claims?"

But Green MP Ian Ewen-Street, an active campaigner against the spray programme, said there was probably nothing sinister in the Government's move.

"I think it's acknowledging there is a possibility of claims down the track and we're going to cover you guys."

The indemnity, which was tabled in Parliament yesterday, protects AgriQuality New Zealand against third party claims from chemical effects, long-term effects on health or the environment or any other effects in the future."

http://www.stuff.co.nz/inl/print/0,1478,2082468a11,00.html

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Well Mr. Helliker, truly a government issued license to kill - James Bond would approve.

Respectfully,  Stephen L. Tvedten.


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