History and timeline of Auckland’s use of chemicals for weed management and vegetation control

1986 – 2017

Hana Blackmore Weed Management Advisory July 2017

History & Timeline of Auckland’s use of Chemicals for Weed Management & Vegetation Control Compiled from the Weed Management Advisory records by Hana Blackmore

Copies of this document can be obtained from the Weed Management Advisory website: www.weedmanagementadvisory.wordpress.com

Contact: [email protected]

PO Box 192 Oneroa Waiheke Island Auckland 1840

JULY 2017

* Front Page Sky Tower Image courtesy of SprayFreeStreets History and timeline of Auckland’s use of chemicals for weed management & vegetation control Compiled from the Weed Management Advisory records by Hana Blackmore – 1 July 2017 ------

Many people are unaware of the history of chemical herbicide 1 use in Auckland because for over twenty years two thirds of its citizens have been quietly enjoying nonchemical weed and vegetation control without knowing about it. This policy is something that thousands of people fought for in the eighties and nineties when the news was full of stories of schoolchildren being poisoned and lives ruined by exposure to chemical herbicides. But the people of Auckland changed all that, and in the nineties both North Shore City and Auckland City (now part of the seven city amalgamation into the Auckland Council Supercity in 2010) set in place world-leading policies that took chemicals like glyphosate (aka Roundup) off the streets and required progressive pesticide minimisation in the parks.

It is truly ironic that today, when increasing knowledge of the toxicity and health and environmental dangers of these chemical herbicides are persuading towns and cities and even whole countries around the world to ban these chemicals, Auckland Council and Auckland Transport - its Council Controlled Organisation (CCO) - is deliberately unravelling and overturning nonchemical contracts and returning the entire City to chemical control.

This history and timeline is not a scientific report or treatise, but rather an unfolding detective story, searching and sifting for the patterns and threads that link all the actions and inactions that have brought us to the crisis situation we now face in Auckland.

The activities of the last seven years since the establishment of the Supercity in 2010 are the volume of this timeline. The advent of the “new order” became the “new broom” - and the failure to appreciate and build on what was achieved and created has resulted in the destruction of both institutional knowledge and respect and community participation and belonging. By retrieving and re-examining historical documents and reports, news and stories, including relevant actions around the country and around world, and putting them into a timeline allows us to begin to make sense of what has happened and where we now need to direct our efforts.

The Weed Management Advisory does not pretend to hold all the information or know all the facts and history of this story. In reality – apart from our own activities and the documents, submissions and reports we have generated ourselves - much of what we record here has been discovered either through Official Information Act (OIA) 2 channels and public officers and elected members, or through the community and news sources. So we welcome anything we may have missed. Clarifications, facts, stories and achievements over the years are all valuable information that decision-makers need to know about. Please get in touch. History is not static and neither is this Timeline. We will update as and when.

Hana Blackmore For the Weed Management Advisory (WMA)

1 We have used the word “herbicide” in this document for clarification although the word “pesticide” includes herbicides 2 The abbreviation OIA has been used throughout the document for brevity although information is actually supplied under the Local Government Official Information and Meetings Act ( LGOIMA). HISTORY AND TIMELINE OF were not acted upon by the Council or its AUCKLAND’S USE OF CHEMICALS FOR committees, with the exception of the WEED AND VEGETATION CONTROL adoption of a chemical reduction programme in parks in 1994. The larger concern that of herbicide use on roadsides was ignored until 1997. PRE 2010 AMALGAMATION From the mid-eighties onwards the two HIGHLIGHTED DATES AND ACHIEVEMENTS largest cities in the Auckland Region – North Shore City and Auckland City - saw 1988 - Waiheke Island County Council unprecedented and increasing action and declares a seven year moratorium on pressure from its citizens to stop the use of herbicide spraying on Council roadsides and chemical herbicides and sprays. Detailed reserves in response to community concerns below is the pre 2010 Supercity about the effect of herbicide spray drift on amalgamation history, first for Auckland City vineyards, roof water collection, health and and then North Shore City. Post the environment. The moratorium was amalgamation the timeline is combined, as subsequently renewed in 1995, and to this the cities were, into the Auckland Council day Waiheke remains chemical free on all Supercity. roadsides and largely in parks and reserves.

AUCKLAND CITY - 1986-2009 3 1988 - Ellerslie Borough Council suspended all herbicide spraying pending an Over an eleven-year period the Auckland City investigation into adverse health effects, Council received more than 156 submissions following representations by parents and and seven petitions opposing herbicide use. teachers from Michael Park School and from These totalled over 7,500 residents opposing members of the Toxins Action Group. This chemical herbicides and expressing a desire was followed by a total ban on herbicide use for the Council to instead adopt non- on roadsides and sports fields. herbicide methods of vegetation management - versus 183 in support. In 1988 - Great Barrier Island resolved there be addition, there were numerous citizen no herbicide use on roadsides except for that deputations to meetings, and an unrecorded required to control environmentally number of letters and telephone complaints. damaging plants such as pampas and wild Many of the Community Committees and ginger. Boards responded quite quickly to the concerns expressed by their communities, and in turn expressed these concerns as NOTE: the adoption of the new Auckland City resolutions, subsequently relaying them to Weed Management Policy in 1999 confirmed the Council. the retention of these three pre-

amalgamation herbicide restriction areas A number of the Boards passed resolutions noted above. As of 2017 Waiheke has been that sought non-herbicide weed able to retain non-chemical status, but management in their areas, repeatedly. But Ellerslie has been compromised with ‘covert’ those community concerns expressed via, chemical applications, and Gt Barrier appears and endorsed by, the Community Boards to have lost theirs completely when road contracts were moved over to Auckland 3 Information from F.Storer (appendix two of the Transport in 2013. Auckland City Weed Management Policy 1999) and summarised in Watts, M 2000. Ethical Pesticide Policy: Beyond Risk Assessment. University of Auckland History and timeline of Auckland’s use of chemicals for weed management & vegetation control

 Scientific logging and reporting of chemical 1989 – AMALGAMATION OF BOROUGH use by employees and contractors COUNCILS TO FORM A NEW AUCKLAND CITY  The trial of an alternative management /maintenance programme for the City’s 1992-93 – Auckland City Hot water sportsfields  applications trialled in Eden/Roskill and Modification of the Park’s tender evaluation system to give weighting to contractors who extended later to three wards, Hobson, utilise alternative chemical use and weed Eastern Bays and Maungakiekie. Cost was control between 2% and 23% more expensive than  Park development and design with the the chemical contracts currently in place. objective of minimising chemical use.

November 1993 – Works & Services By 1999, a 77% reduction in the quantity of Committee resolves to support in principle herbicides used in parks and reserves had the use of non-toxic materials in weed been achieved. control where possible throughout the city. May 1995 – Auckland Regional Council (ARC) 1994 – Works & Services Committee releases its scientific report on a ten year resolves to establish a mix of control investigation into the environmental impacts methods city wide after a controversial of urban stormwater runoff in the Auckland region. McGarrigle4 notes that the joint decision to award a chemical control contract 5 that was significantly cheaper than all report by ARC and NIWA found both previous chemical contracts, all other herbicides and insecticides were common in the urban stormwater. An examination by tenders, and Council’s own estimate. The 6 cost differential between nonchemical and the NZ Herald details the report’s studies chemical increased from an average of 12% and research on the impact of the 4 contaminants in the estuaries and harbour. to 200% in just two years. A 1996 report argued that the introduction of alternative By the year 2021, with no reduction in nonchemical methods brought competition stormwater contamination, it is expected that to the market traditionally dominated by the over 70% of the impacted areas will be of chemical companies and resulted in a reduced quality and 35% of sediments in the impacted areas will be of poor quality, significant drop in the tender price for affecting many animal populations. chemical spraying.

December 1995 – Street Weed Control 1994 – 1995 Council Officers recommend a report to Council on the trial to monitor and chemical reduction programme and all assess the performance of chemicals vs eleven community boards passed resolutions hydro-thermal method of control (hot water) supporting the use of non-toxic weed control against contract standards, finds that both in the city. systems are equally capable of meeting the

required standards. It reports that hydro- June 1995 – Council adopts the Chemical thermal is not dependent on the weather to Reduction Strategy with annual reviews of ensure an “effective kill”, and is the least goal areas that included: expensive of all nonchemical methods  Scientific trials, monitoring and evaluation of currently available - but was on average alternative weed/pest management controls 5 Macaskill,,J.B. East, et al – The Environmental Impacts of Urban Stormwater Run-off. Auckland 4 McGarrigle, D. Pesticides – The Costs, Issues and Regional Council publication #53 May 1995 Trends in New Zealand Territorial Local Authorities. 6 NZ Herald Harbours Headed for Ecological Disaster, Dec 1996 Phillip English, 27 June 1995 5

History and timeline of Auckland’s use of chemicals for weed management & vegetation control three times more expensive than chemical steering group for the consultants and herbicides. (See 1994 entry) provide advice and feedback. 7 (See Auckland City Weed Policy 1999 for full history). 1997 - In order to save $50,000 Council's Finance Committee move to stop all use of 2 March 1999 – the combined committees of non-herbicide methods on the streets. Auckland City voted $1,246,000 additional There was an ensuing flood of submissions spending for replacement of all chemical and petitions. On May 1st, Auckland City herbicides on roadsides by nonchemical Council received deputations from Michael methods, to take effect by July 2000. Park School, Toxins Awareness Group and Society Targeting Overuse of Pesticides, 15 April 1999 - Auckland City Weed together with a petition containing 249 Management Policy (WMP) approved and signatures of Western Bays residents, all in adopted. Submissions to the 1999 draft support of non-toxic weed control. On July annual plan that finally adopted the non- 10th the Council received a petition from herbicide policy over the entire City received Toxins Awareness Group of 6,519 signatures, only one opposing voice – Federated requesting that "Auckland City Council stop Farmers. Prime policy objectives included: all chemical weed control" (Storer 1997, p.11). In June, it received the following  Ensure all urban roadsides are managed submissions to its draft annual plan: by non-herbicide methods  Give preference to non-herbicide  nine of eleven Community Boards in methods of weed control. Herbicides favour of non-chemical weed control; shall only be used where there are no  submissions from Waiheke Grey Power, practicable alternative control measures. of which 669 were in favour of non- NOTE: cost to implement was estimated to chemical weed control, and 179 were in be 40% more expensive than chemicals. favour of herbicide use;  submissions from fifty-one individuals, July 2009 – NIWA’s Field Analysis of forty-nine of whom supported non- Chemicals of Emerging Environmental chemical weed control, and one of whom Concern in Auckland’s Aquatic Sediments supported herbicide use. published. NIWA’s report commissioned by Auckland Regional Council finds glyphosate Council staff received three letters indicating and its degradation product AMPA in support for herbicide use, and two letters Auckland’s estuarine waters believed to have and a petition of fourteen people from one largely come from roadside spraying. street opposing it. The Council then resolved to undertake a "comprehensive investigation into weed management problems" and a NORTH SHORE CITY - 1987-2009 “strategic policy be developed”… (Davis et al. 1998, p.1). 1987 – 1989 The Devonport Branch of the The weed management policy group was led Toxins Action Group (TAG) was actively by Bryan Gould from Auckland City involved in opposing chemical herbicide use. Community Planning and developed by They organised marches, researched, consultants Alison Davis and Mark Bellingham (NZ Sustainable Environment Institute), and Meriel Watts (an independent 7 The Group consisted of representatives from the pesticide policy adviser). In addition a community, environmental and human health groups opposed to pesticide spraying, scientific researchers, a consultative group was established to act as a weed control contractor and Auckland City staff. 6

History and timeline of Auckland’s use of chemicals for weed management & vegetation control submitted dozens of health effect letters and North Shore City conducts extensive a 2,000 signature petition to Devonport consultation and research exercise over Borough Council opposing chemical herbicide several months. use, and actively lobbied for non-chemical vegetation control. As a result the 1989 April 2006 – The Parliamentary Comm- amalgamated North Shore City establishes a issioner for the Environment is contacted by Pesticides Committee. TAG over North Shore’s proposal to revert to chemicals. Dr Morgan Williams writes to the CEO of North Shore City commending them 1989 – AMALGAMATION OF BOROUGH for their forward-thinking and sustainable COUNCILS TO FORM THE NEW NORTH use of hot water for vegetation control, and SHORE CITY hopes that the council is not considering the reintroduction of chemicals.

1990 – 1992 North Shore City Pesticide “I do not intend to make any comment on the potential health and environmental risks of any Committee in operation. The committee particular herbicide but am of the firm view that collects scientific and medical evidence of the where herbicides such as Roundup are to be used dangers of pesticide use and researches non- in public places, on hard impermeable surfaces, chemical alternatives. They import a Dutch where contact with the soil is limited and flame weeder and conduct the first trials of a breakdown may be inhibited and with the potential hot water system. This is so successful that for the substances to be washed into fresh or the hot water method is adopted across the coastal water systems, a precautionary approach is whole North Shore under a new policy. warranted. This is particularly the case where viable alternative options are available.” NOTE: This hot water methodology is still in operation today in half the legacy North June 6,7,8,13 & 21 2006 – Committee Shore city area, but the other half has been hearings and submissions result in a vote to severely compromised by ‘covert’ chemical reject any return to chemical by the North expansion by Auckland Transport’s Shore City. Vote is to continue with the contractor. See 18 January 2016 entry. current hot water system with a performance management and auditing programme to be 1993 – North Shore City adopts a minimum implemented and a trial of the hot foam pesticide policy for all parks, reserves and methodology. A costing quotation submitted streets, including hot water for all street for the hearings from a roading contractor vegetation control in place of Roundup. showed that a hot foam alternative ranged between 18% and 33% more expensive than 2004 – North Shore Draft City Plan glyphosate. 8 canvassed opinions on five options for continued road corridor weed and vegetation October 2006 – A hot foam trial on the control. 1560 submissions (75% of people) Devonport Peninsula commenced. The trial wanted to continue with hot water. Council was to continue until April 2008, but as decision to stay with hot water with targeted reported to the Infrastructure & Environment chemical use, at zero cost increase Committee on 10 April 2008, was halted in guaranteed for 10 years – i.e. 54% more November 2007 after an issue of waterway expensive than glyphosate control. contamination arose.

March 2006 – A proposal from a minority group on Council to revert to using 8 See Appendix C of the Infrastructure & Environment chemicals in the road corridor. As a result Committee Agenda 7 June 2006

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History and timeline of Auckland’s use of chemicals for weed management & vegetation control

NOTE: The trial, as constructed, had no 3. Address weeds management in parks and bearing on ‘real world’ operations nor was it sports grounds. run by the experienced developers of the foam system. As a result inexperience by the May-Sept 2010 – Research undertaken by operators led to excess foam product on rank the WMA with all legacy council weed weed growth which ended up in the management policies obtained, and a stormwater after it had rained. 9 comprehensive analysis of existing policies is completed. February 2009 – Auckland Regional Council confirm to the hot water company, Waipuna OCTOBER 2010 - FIRST AUCKLAND COUNCIL Services, that they have no objection to the ‘SUPER-CITY’ ELECTION use of the ‘Hot Foam system’ for weed control within the Auckland Region. Nov 2010 - April 2011 – The development of 2010 – THE NEW AUCKLAND COUNCIL weed management proposals by the WMA. The WMA detail existing approaches, “SUPER-CITY” IS FORMED BY community and environmental concerns and AMALGAMATING SEVEN CITIES AND future directions. Meetings are undertaken THE REGIONAL COUNCIL with various key people and councillors – attendance at Environmental Hui – talks to IMPORTANT NOTE: in the formation of the Forest & Bird etc. new Council all roadside vegetation control is separated from Parks contracts and MARCH 2011 - LAUNCH OF MAYOR LEN delegated to Auckland Transport a new BROWN’S AUCKLAND UNLEASHED - (THE ‘arm’s length’ Council Controlled STRATEGIC DIRECTIONS AND OPTIONS Organisation (CCO). DOCUMENT)

21 March 2011 – Official Information Act POST 2010 AMALGAMATION (OIA) response from Council to an Auckland resident who had requested information on March 2010. The Weed Management spray costs, chemical products in use, Advisory (WMA) is formed after a meeting monitoring, reviews and research on of key people. WMA is concerned that with negative impacts, and alternative weed the advent of the Supercity the legacy cities control methods. See 29 March 2011 of North Shore and Auckland stood to lose comments on the information supplied. non-chemical roadside weed management if 10 the lowest common denominator is applied 29 March 2011 – Requested Comment across the whole city. from Dr Meriel Watts of the WMA on the 21 March OIA information from Council re The WMA agree three Objectives: chemical spraying and alternative weed control. The response from Dr Watts details 1. Retain non-chemical weed management missing and inadequate information and lack in North Shore and Auckland City. of knowledge about regulatory functions and 2. Extend non-chemical roadside weed current responsibilities, including those laid management throughout the new city. down in the legacy Auckland City weed management policy (WMP). The only

9 Author personal communication from Waipuna Services 10 Unpublished. 8

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

Information on alternative weed controls October – Dec 2011. WMA submissions to supplied in the OIA response was a criticism Auckland Unleashed & Draft Annual Plans of all methods; and attendance at hearings. WMA proposes

“Some contractors had been involved in that Auckland Council should adopt and fully trialling steam, heat, manual and inorganic implement the comprehensive ‘legacy’ weed control methods; based on results, Auckland City Weed Management Policy for impact on public, and costs, all have proven the sustainable non-chemical management of inferior to traditional chemical control weeds and vegetation across the region, methods.” including roadside, parks and biosecurity.

But then went on to only refer to the hot water system and its ‘failings’ in highly 25 November 2011 – The Serious Fraud disparaging detail. As Dr Watts notes in her Office (SFO) charges two people over a Comment no mention is made that it is still scheme that defrauded the North Shore City being successfully used in the North Shore Council of over $840,000 over ten years. The City.11 She also goes on to note that as an charges relate to 151 invoices submitted for author of the legacy Auckland City WMP she road and berm maintenance work that was did not agree with the comments in the never completed, but were signed off for response about the hot water system and payment. They were found guilty in 2013. quotes what the Policy said about it. Dr (See 3 October 2013 entry) Watts concludes that whilst there were teething problems, it would be timely for 2 February 2012 – Weeds out of control in Council to look again at the technology. North Shore City – Auckland Transport (AT) blame it on wet weather and ‘defends’ the May 2011 – Hot Water vegetation control dumping of the twenty year old legacy hot system dropped in North Shore City when water methodology as “… it was found to be main contractor takes up Auckland comparatively ineffectual as a long term Transport’s new contract and sacks the hot solution when it was tested [sic] by the water sub-contractor. Weeds and vegetation former North Shore city and Rodney eventually get out of control with numerous Councils”. (North Shore Times 2 Feb 2012). complaints of both lack of maintenance and the breaking of the legacy nonchemical 16 February 2012 – Chemical spray fears in methodology by the contractor spraying North Shore raised by councillors and Local chemicals. Board Members at meeting with Auckland See Feb, March & April 2012 entries for press Transport. Reports of night-time chemical reports. spraying despite the city’s chemical free status worry councillors. Councillor Darby 6 Sept 2011 – A Waitakere “no-spray area” said the AT meeting was confidential but “… of kerb and channel is set up at a joint AT came clean and offered a frank apology”. meeting between residents, Auckland Council (North Shore Times 16 Feb 2012). and Auckland Transport. Six roads included. Trial will be monitored. (See entry April 2013 1 March 2012 – Auckland Transport again for outcome) defends North Shore contractor after extensive berm spraying with chemicals is NOTE: This information not received until 6 witnessed. AT spokesperson says it was only March 2015 under OIA. spot spraying and that all “chemical spraying is restricted to manual spot spraying from backpacks”. This is condemned as totally untrue by North Shore TAG witnesses. 11 Introduced in 1993 9

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

March 2012 – WMA Submission to Auckland It is one of the tools in our armoury to fight Council’s Long Term Plan (LTP) – 2012-2022 weeds and is being used again in Devonport combined with information and reference and Northcote [sic], and will be followed by material. WMA details the need for an other areas across the North Shore and integrated region-wide weed and pest Hibiscus Coast. The bulk of the programme is still carried out by mechanical means, but hot management strategy that ensures water spraying is being re-introduced community health and well-being and progressively to test its long-term efficacy. ecological and environmental sustainability. WMA believes their proposal that Council April 2012 - Attendance by WMA members adopt the existing Auckland City Weed at Council and Local Board hearings on Management Policy for the entire region is Auckland Council’s Long Term Plan LTP – both pragmatic and financially attractive and 2012-2022. The WMA are refused could be incorporated into the LTP with little ‘stakeholder’ status to be heard by a panel, further development by officers. only new forum style hearings with one “We see no barrier to its implementation councillor. The WMA request, but are across the region. Auckland City’s policy is a refused, speaking rights at the deciding well thought through policy that was Council committee meeting. The request to developed over a considerable period in be heard by Auckland Transport on their collaboration with the community, at draft Regional Land Transport Programme is considerable expense to the council. The also denied because Council Officers had objectives are still sound, and with no need to re-invent the wheel, full implementation cancelled the slot when they learnt the WMA would be simple and cost effective …” had spoken at Local Board hearings.

NOTE: No strategy included in the LTP or any 26 April 2012 – an interview for The subsequent plans. WMA denied speaking Aucklander unleashes a storm of online rights at decision making meetings. Council attack and counter support for Dr Meriel decide to develop their own Weed Watts of the WMA as she details the need for Management Policy. See June 2012 onwards. Council to keep the chemical-free weed policy already developed for the legacy 3 April 2012 – Complaints about spraying of Auckland City. children with chemicals from an unmarked vehicle on the North Shore. North Shore It’s been effective for 14 years and there’s no need to re-invent the wheel. I don’t want to Times says Auckland Transport is do this work all over again. A huge amount of "significantly unhappy" that contractors council time was taken up with complaints sprayed near the children last week from an and petitions until they developed the policy unmarked vehicle with no warning signs. we have now. (North Shore Times 3 April 2012) Follow-up articles and comments elicit strong April 2012 – Hot water system reinstated in concern that possible changes in weed North Shore nonchemical area minus two control methods were not being consulted on sub areas of East Coast Bays and Birkenhead/ and people wanted a say. Northcote. The main contractor imports their own steam machine from Australia later 28 April 2012 – Auckland Transport (AT) cuts in the year to manage these areas. The out mowing of berms previously done by North Shore Times reports that AT says it was the Council – says if it continued Auckland’s restarted on a “trial basis” but denies it is the policy, rates would need to be increased. The result of public pressure. Aucklander newspaper reports that AT Roading Manager Murray Noone says the

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History and timeline of Auckland’s use of chemicals for weed management & vegetation control previous policy on berms varied between council policies and local board views around cities, but had now been replaced by a single management of weeds and grasses on berms rule requiring all owners to mow the berm and roadsides. Resolutions include that and remove weeds growing over the kerb officers hold urgent discussions with which could block drain channels. Transport and report back to next committee

“If AT was to mow all grass berms, the cost meeting. would run into hundreds of thousands of dollars …” JUNE 2012 - PUBLICATION OF AUCKLAND COUNCIL’S WEED MANAGEMENT POLICY 9 May 2012 – Auckland Transport says a DISCUSSION DOCUMENT review is under way into the legacy weed control practices of previous councils. Quote June 2012 – WMA has informal meetings in The Marketplace from the AT spokes- throughout June with people from Auckland person says [after the review] they will be Transport, Auckland Council, consultants, creating a policy for weed control for the contractors and F&B to discuss Auckland Auckland region. Transport’s future management of

AT doesn’t know yet if there will be one policy vegetation in the road corridor and concerns or variations between the areas – that about costings. depends on the results of the review. June 2012 - Petition launched by coalition of 20 May 2012 – WMA Press Release - groups urging Auckland Council and Auckland Auckland Sleepwalking to a Toxic Future. Transport to:

The WMA is alarmed to learn that, in the Recognize that chemical weed spraying has Supercity reorganisation, responsibility for a significant impact on people’s health and roadside weed management was handed wellbeing as well as the environment, and over to Auckland Transport without any to: overarching policy being set by Council. (A) Confirm the retention and continuation

“Not only will this be a terrible step of the non-chemical roadside weed backwards, but it means that something management in the legacy Auckland and North Shore cities, and that is of fundamental importance to the community has been effectively removed (B) adopt non-chemical roadside weed from democratic input, to an arms-length management in the rest of the region. organisation that is set to overturn something that the community fought a Subsequently presented to Council with long hard battle for.” 4,568 signatures.

May 2012 – David Clendon MP writes to 28 June 2012 – Toxic Chemicals on our Mayor, Councillors and Local Board chairs Streets – Who Decides? Public Meeting at expressing concern that Auckland Transport Auckland University organised by David ought to be an operational arm of Council, Clendon MP. Presentations and input from and as it is not politically accountable it David Clendon MP, Dr Meriel Watts, Dean should not be involved in making policy on Reynolds North Shore TAG, Cllrs Faye Storer, weed management. Wayne Walker and Chris Darby, LB member John Watson and Tauranga’s TAAF member 29 May 2012 – WMA Presentation to the Ian McLean. Meeting agreed that any Environment & Sustainability Committee decision on weed management must be Concern is raised by WMA that Auckland made by Council not Auckland Transport (AT) Transport needs to be advised of existing and that nonchemical policy should be 11

History and timeline of Auckland’s use of chemicals for weed management & vegetation control expanded to the whole region. AT were clarification and amendment be made to the invited to send a representative, but had not revised scope of the WMP to ensure that responded. input from, and consultation with, stakeholders and community is maintained

across the ‘twin streams’ of the policy JULY 2012 – AUCKLAND TRANSPORT development process – the WMP and the MAINTENANCE CONTRACTS WHICH Operational Review. Concerns expressed INCLUDE ROADSIDE VEGETATION CONTROL around transparency of costings. ARE LET AND COME INTO OPERATION FOR

THE SOUTHERN AREA FROM HOWICK TO October 2012 – Council holds cluster FRANKLIN. workshops for the development of its Weed Management Policy. The WMA attends and July 2012 WMA commences a series of participates. Official Information Act (OIA) requests to try and obtain accurate and up to date October/November 2012 – WMA continue information from Auckland Transport and OIA requests to Auckland Transport and Council to compare treatments and the cost Council re source of costings – all denied or variations for vegetation control. would only be supplied at significant cost.

NOTE: not obtained until August 2015 after the intervention of the Ombudsman. December 2012 - The Foundation for Arable Research confirm they have found New 14 August 2012 – WMA submission to Parks Zealand’s first case of glyphosate-resistant & Recreation Forum on the development of ryegrass. the Weed Management Policy. Oral “Unless all sectors work together, particularly submission from WMA supporting the with wind-dispersed seeds like fleabane, development of the Weed Management everyone is going to lose. The development of Policy and the proposed scope of glyphosate-resistant weeds is rapidly occurring consultation with the public and Local in other countries, hastened by repeated use Boards. Details WMA’s proposed approach around roadside markers, crop boundaries, and the principles of an international best vineyards and orchards.” practice standard. 14 Dec 2012 – WMA Press Release - Weed

resistance shows urgent need to move away August/September 2012 – OIA information from chemical roadside spraying. The WMA denied by Auckland Transport (AT). WMA urges Council and Auckland Transport to stop meet and correspond with an AT the use of glyphosate for vegetation control representative – hugely concerned that the in order to reduce the pressure on resistance WMA cannot verify outlandish information build-up, after the announcement that the provided by him that alternative treatments first case of a glyphosate-resistant weed has for vegetation control are up to 800% more been confirmed in New Zealand. expensive than chemical.

NOTE: The source of this information is not 5 MARCH 2013 – THE PARKS RECREATION & supplied until August 2015 under OIA after HERITAGE FORUM ENDORSES THE the intervention of the Ombudsman. PROPOSED CONSULTATION PROGRAMME WITH LOCAL BOARDS, CCOS, IWI AND THE 16 October 2012 - Oral submission to the PUBLIC ON THE DRAFT WEED Environment & Sustainability Forum by the MANAGEMENT POLICY WMA. WMA requests and recommend that The WMA is asked to provide feedback. 12

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

April 2013 – Assessment of the 20 month old Sidewalks for Our Children” was supported “No Spraying” trial area in Waitakere is by the Green Party in Council. The initiative ‘requested’ by an Auckland Transport (AT) also includes more parks, play areas and Manager. Consultants GDH Ltd report back natural scrublands, planting of fruit trees and 14 May 2013 and recommend the trials be flowers to support bees and other important discontinued, in particular because they wildlife and “less lawnmowing.”

“… do not comply with the requirements of AT’s new Road Corridor Maintenance (RCM) JULY 2013 – AUCKLAND TRANSPORT contract intervention levels.” MAINTENANCE CONTRACTS LET AND COME INTO OPERATION FOR GDH further notes and recommends that the CENTRAL AUCKLAND INCLUDING AT vegetation control specification requires WAITAKERE AND GULF ISLANDS maintenance of the ‘road’ to a ‘near vegetation free condition’ using glyphosate. 8 July 2013 – Final draft of the Operational (See entry 24 Feb 2014) Review (OR) obtained by the WMA. The OR NOTE: This information not received until 6 is an audit of current approaches to weed March 2015 under OIA. management by Council and its CCOs and provides recommendations for operational 11 April 2013 – WMA Press Release - Non- change. The comprehensive OR by Parks chemical Roadside Spraying not Guaranteed contains not only illustrated initiatives to The WMA warns that Auckland Council’s reduce the use of agrichemicals but an proposed weed management policy (WMP) introduction to new methods. The WMA is does not guarantee that toxic chemicals will concerned that costings included by AT are not continue to be sprayed for roadside still based on ludicrous figures purporting to vegetation control, and urges people to show that nonchemical methods are up to provide feedback to the draft WMP. Recent 800% more expensive. international reports obtained by the WMA IMPORTANT NOTE: this is not the same draft show more and more evidence of the that is finally sent to Committee in August. A harmful effects of pesticides that are paragraph expressing concern about budget currently used on the roadside throughout cuts that could prevent the implementation the Auckland Region. of the Weed Management Policy is omitted

from the public copy. Because of its vital 4 June 2013 – A Matamata veterinarian relevance in subsequent years, this challenges Food Safety Minister, Nicki Kaye paragraph is reproduced here in full:- on the dangers to human and livestock health from glyphosate after discovering it 1.6 Budget constraints in operational had been patented by Monsanto as an maintenance antibiotic in 2011. Frank Rowson says the antibiotic nature of glyphosates was being Concerns have been raised in the Local & Sports Parks ignored and the risks to animals associated Unit about the reduction in budgets previously provided with residues in food sources were not being under legacy Councils for the operational maintenance properly studied by regulators. of their parks. The direct result of this is that tasks (Source Straight Furrow – 4 June 2013) considered to be best practice such as soil conditioning, mulching and renewals of plants in gardens is now an 27 June 2013 – As part of a new green unscheduled item and will be carried out only if funds initiative, the Dutch city of Rotterdam bans are available. In reality best practice is not achievable the pesticide Roundup after a citizens’ under current funding levels. petition and campaign called “Non-toxic 13

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

The unit is also pressured annually to provide cost 15 August 2013 – WMA Petition address to savings in this area and the outfall of this expectation is the Regional Development and Operations that service levels of parks will be dropped from Committee (RDOC). Presentation of a mechanical edging to chemical edging. This constant petition of 4,568 residents and ratepayers slimming down of budgets and the lack of provision for asking Council (and Auckland Transport) to best practice methodologies is a backward step in the confirm the retention of non-chemical weed maintenance of park assets. management in legacy cities and its adoption in the rest of the region. Summary of the Recommendation: background situation and concerns that led  Provision of operational budget reflects best to the Toxins Awareness Groups and practice requirements. residents having to use this tool again as a means to being heard. Support requested for 9 JULY 2013 – ALL SUBMISSIONS AND the adoption of the new Weed Management FEEDBACK TO THE (FINAL) WEED Policy later that morning. MANAGEMENT POLICY PUBLISHED 15 August 2013 – WMA address to RDOC on

adoption of the Weed Management 9 July 2013 – Parks, Recreation & Heritage Policy. Final address to Council before the Committee Meeting. The final copy of the adoption of the policy, outlining the Weed Management Policy is published for importance of the considerations for human committee endorsement. Feedback from all health and the environment around exposure Local Boards and 71 members of the public to agrichemicals. Asks Council for support to has informed a range of amendments. ensure that the region will move forward Council also publishes their response to key with the rest of the world in replacing feedback points. Overwhelming support for agrichemicals in weed and vegetation control the Policy and non-chemical objectives. with non-chemical alternatives.

9 July 2013 – WMA submission to Parks, Recreation & Heritage Committee Public 15 AUGUST 2013 - AUCKLAND COUNCIL’S Forum. Oral presentation by the WMA to WEED MANAGEMENT POLICY ADOPTED committee asking for important amendments to the Weed Management Policy before it is passed to final committee for adoption. 16 August 2013 - Press Release - Auckland Details the rationale around ‘harmonising’ Council new Weed Management Policy the eight objectives and the need to both welcomed The WMA welcomes the adoption minimise and avoid agrichemical use. of Auckland Council’s new Weed Management Policy at the Regional Development and Operations Committee on 9 July 2013 – Auckland Transport request th removal of their ‘vegetation control’ from Thursday 15 August. the Weed Management Policy. Council “At last we have a policy that should bring senior manager addresses the Parks to an end the out-of-date practice of Committee saying AT has requested that they spraying glyphosate along road and not only remove vegetation control from the pavement edges to control vegetation”.

Policy, but that it amends the Policy to only

‘recognise’ adverse effects from AUGUST 2013 - PUBLICATION OF AUCKLAND agrichemicals that are “empirically proven” COUNCIL’S DRAFT OPERATIONAL REVIEW OF by “peer reviewed studies”. NOTE: no WEED MANAGEMENT IN AUCKLAND amendment made. 14

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

NOTE: The Review is part of the development August 2013 – March 2014 - The WMA has of Auckland Council’s new weed meetings, consultations, correspondence management policy and provides an audit of with author of Operational Review involved the current approaches to weed and with revisions and research. Also meetings vegetation management undertaken by and correspondence with spray contractors Council and it’s Council Controlled re costings. Organisations (Auckland Transport etc.). It provides recommendations for operational August/Sept 2013 – Auckland Transport change that will lead to a policy Senior Manager sacked after allegations of implementation plan. corruption over roading and infrastructure contracts. CEO says Price Waterhouse 20 August 2013 – WMA Address to the Coopers had been called in to advise, and Environment & Sustainability Forum on that the Serious Fraud Office (SFO) was Auckland Council’s tabled Operational keeping a “watching brief”. Investigation was Review. Comprehensive address by WMA expected to wrap up in weeks rather than detailing issues and concerns with the months said the CEO, David Warburton review, particularly the failure to take into account the objectives, direction and 11 September 2013 – The WMA commences recommendations of the newly adopted correspondence with Dr Lester Levy (Chair Weed Management Policy (WMP). of Auckland Transport) regarding the Committee agrees and refers draft back to continued denial of costing information and the working party for further revision with concerns about the involvement of Auckland four recommendations: Transport officers being investigated by the Serious Fraud Office. 1. The draft is referred back to a working party for further revision, in particular to comply 16 Sept 2013 – WMA Press Release - Urgent with the objectives, recommendations and Audit called for after Allegations of directions from the WMP and request that corruption at Auckland Transport. The Weed the WMA Group be invited to provide input. Management Advisory ask for all road 2. Request that consultation with Local Boards, corridor vegetation control contracts, and the the Rural Advisory Panel and external costings supplied by their Road Corridor stakeholders be undertaken on the review Maintenance (RCM) division to be thoroughly findings with a view to producing an and independently reviewed and audited as a operational document for weed management matter of urgency, after learning that the for both Auckland Council internal operations senior manager sacked by AT for alleged and for community operations. corruption over roading contracts, was the 3. Recommend that Council ask Auckland Manager of RCM that had denied Transport through its Statement of Intent to information to the WMA. reduce the use of agrichemicals in the road corridor taking into account legacy NOTE: Murray Noone the RCM Manager was arrangements, and, eventually prosecuted by the SFO, found guilty and convicted in December 2016 and 4. Ask Auckland Transport to provide sentenced to five years imprisonment in Feb comparative costings on road corridor weed management, in particular kerb and channel 2017. Two others found guilty were also operations. involved in roading contracts dating back to Rodney RDC days. OIA information received NOTE: Only items 1 and 4 are partially by WMA in 2015 showed that the origination implemented. of the 800% excess cost for non-chemical 15

History and timeline of Auckland’s use of chemicals for weed management & vegetation control weed control quoted by AT came from the 30 January 2014 - Written complaint from same company, Projenz, whose boss was WMA to Waiheke LB about chemicals being found guilty of the bribery and corruption of sprayed on Waiheke roads after an the AT managers. investigation by WMA’s Dr Watts confirms glyphosate had almost certainly been used. 15 September 2013 – Chairman of Auckland Photographic evidence is supplied to the Transport responds to the WMA over Board and Dr Watts calls for reassurances alleged corruption at AT and refuses an audit from Auckland Transport that chemical of RCM contracts as an investigation is spraying will cease. The Local Board ask already being undertaken with the assistance Auckland Transport to report back with an of highly qualified, expert independent explanation. advisors. 12 NOTE: AT deny glyphosate had been used,

but see entry 27 February 2014 for outcome. 3 October 2013 – In a separate case, two men prosecuted by the Serious Fraud Office found guilty for corruptly obtaining over FEBRUARY 2014 – AUCKLAND TRANSPORT $840,000 from North Shore City Council for RECOMMENCES SPRAYING CHEMICALS IN road and berm maintenance never carried TWO-YEARS-OLD SPRAY-FREE ROADS IN out. The scheme was not detected for over WAITAKERE THAT THE OPERATIONAL 10 years. (See entry 25 November 2010) REVIEW RECOMMENDED BE CONTINUED

13 December 2013 – Herbicide usage data 24 February 2014 – Distressed complaint to supplied by Auckland Transport via Cllr Cath Auckland Transport about increase in Casey to an Auckland resident shows that a spraying in Waitakere including in a spray worryingly large amount of glyphosate and free area. AT says the spray was notified in metsulfuron is being used on Central an advert in December 2013 and there has Auckland roads which are supposed to be chemical free. See 4 April 2014 for follow up. … not been an increase in spraying … there has only been a change in weed management. NOTE: Information not received until 10 AT says the spray free area was only “a trial” February 2014 and there were “compelling” reasons to

recommence spraying. Says it complies with 22 January 2014 - WMA writes to Dr Lester Council Policy. Levy calling for the immediate withdrawal of Auckland Transport’s Technical Specification NOTE: Residents involved in the setting up of for the Northern RCM contract currently the “no spray area” had not been notified being tendered until it can be re-drafted to about its cancellation by AT, and the GDH comply with Auckland Council’s adopted Report of May 2013 that details these Weed Management Policy (WMP) that “compelling reasons” is not received until Transport is required to adhere to. March 2015 after an OIA request. See entry NOTE: Refused. See entry 28 February 2014 24 December 2014.

JANUARY 2014 – THE NEW AUCKLAND 27 February 2014 – Waiheke Local Board TRANSPORT CONTRACTOR SPRAYS Meeting sees Auckland Transport admit its CHEMICALS ON WAIHEKE ISLAND FOR THE contractor had breached the non-chemical FIRST TIME IN 25 YEARS spray policy on the island. The Agenda item includes a report from AT assuring the Board that only organic herbicides have been used 12 Price Waterhouse Coopers on the island, but the AT officer in 16

History and timeline of Auckland’s use of chemicals for weed management & vegetation control attendance tables a new report confirming contractor supplied analysis and costings that chemicals HAD been used in breach of show Auckland Transport figures of 2-3 times specifications … more expensive are still inflated and

“due to misinterpretation of the requirements incorrect. The author replied that she hoped and specifications of the vegetation control to meet with AT to discuss the feedback, but contract.” the WMA did not have any further contact with her after mid-March. Minutes record that: NOTE: A copy of this author’s OR was 1. Auckland Transport has now received written supplied under OIA to the WMA nearly 18 assurance that only approved organic herbicides will be used within the roadside months later in August 2015. It is dated 10 reserve. March 2014 and marked as “final”. This OR 2. Requests additional written assurance that has never been published or consulted on as 13 glyphosate and other chemical sprays will not was required and has been replaced with be used (or added to organic herbicides) on another completely different version any Waiheke roadsides. published in December 2015 that has not 3. Requests that Auckland Transport instructs been consulted on either. See further entry the contractor to not spray unnecessarily, in 19 May 2014. fact deleteriously, wide bands of vegetation and to resume weed-eating round seats 13 March 2014 - WMA writes to all Local rather than spraying long rank grass. Board Chairs advising them to check their 4. That Auckland Transport provides the Board roadside maintenance contracts with with a copy of the contract specifications for roadside vegetation management on Auckland Transport after the Waiheke Waiheke, and ensures operators are trained “error”. and monitored to ensure there is no departure from legacy levels of service for 18 MARCH 2014 – WMA COMMISSIONS A roadside weed management. HUMAN RIGHTS IMPACT ASSESSMENT INTO AUCKLAND TRANSPORT’S USE OF 28 February 2014 – Auckland Transport CHEMICALS FOR VEGETATION CONTROL. Chair, Dr Lester Levy responds to WMA’s call for the immediate withdrawal of Auckland Transport’s Technical Specification for the 19 March 2014 – WMA writes to all Local Northern RCM by noting that Council’s Weed Boards requesting their 2014 Local Board Management Policy forms part of the plans include recommendations to ensure specification and there are specific clauses that the Weed Management Policy is fully which: implemented by Auckland Transport and that non-chemical roadside management is the provide for non-chemical methods of control. The Contractor determines what method best norm, and agrichemicals the exception. suits the outcomes required for vegetation control while complying with the contract 22 March 2014 – Auckland Transport Chair, specification. Dr Levy responds to WMA correspondence on questionable vegetation control costing Dr Levy rejects withdrawal of tenders. by setting up a meeting for the WMA with

the Road Corridor Manager and roading 9 March 2014 -Auckland Transport’s analysis contractors to discuss and resolve the issues. of weed control costs for existing road maintenance contracts is supplied to the WMA by the Operational Review (OR) author. The WMA responds on 10 and 12 March with 13 See entry 20 August 2013 for Ctte recommendations 17

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

4 April 2014 – Cllr. Cath Casey follows up a contractor as agreed by Dr Levy so costings query with Auckland Transport for the WMA can’t be discussed or verified. WMA notes of about the volumes of glyphosate being the meeting show that: sprayed in Central Auckland which is  The question of cost is the prime and only supposed to be a nonchemical area. consideration for AT. Auckland Transport responds on 9 April to  AT say they are only funded to legacy regime say that their Legal Advisor has advised that levels and implied they were actually the request does not fall under LGOIMA and underfunded at present. it is re-logged with a response date of 22  Chemical spraying was explicitly justified April 2014. Response not received until 24 because it is the ‘cheapest method’. April and notes that their investigations are  There is no mechanism in place (or intention) taking longer than anticipated. You can therefore to implement Council’s WMP other than to expect a response by 23 May 2014. (See reduce the amount of glyphosate that is used response 27 May 2014) by spot spraying where appropriate.  There was low general acknowledgement 12 May 2014 – Watercare takes Cosseys and that using nonchemical in urban areas was ‘a good thing’ because that was where the most Wairoa lakes out of the supply network due people would be affected – but rural was to aerial spraying by forestry operations ‘inconceivable’. with glyphosate and metsulfuron. Positive  AT Manager agrees that he could do an tests were recorded from May 15 until July update of the current costings for all the 21. No contaminated water entered the different vegetation control methods, by supply network and both lakes were returned taking figures from the recent tenders to service in September. Watercare meets submitted by all contractors. with Auckland Council, who leases the land to NOTE: Never supplied. the forestry operator, to try and ensure it does not happen again. (Watercare Board 27 May 2014 – Auckland Transport dismisses agenda papers of 22 October 2014). request for information lodged on 4 April NOTE: Contamination events also occur in 2014 about the volumes of glyphosate used the following two years – see entries at 31 in the non-chemical area of Central Auckland. July 2015 and 1 June 2016. A one line response notes that “We understand Ms Blackmore has met with Tony 19 May 2014 – Resident is informed that the McCartney from Auckland Transport and her weed management Operational Review (OR) concerns will be taken into consideration. is now in its final draft form but will need to NOTE: This response came after the WMA be “endorsed by the Environment, Climate meeting with Tony McCartney on 20 May Change and Natural Heritage Committee before 2014 and this issue had not been raised at the implementation Plan is developed.” this meeting and the information has never NOTE: never presented to the committee for been supplied by AT. consultation or endorsement – neither has the Implementation Plan. 27 May 2014 – Cllrs John Watson & Wayne Walker attend and speak to an Auckland 20 May 2014 – Meeting set up by Dr Levy Transport Board Meeting requesting between AT Managers, Parks, contractors Auckland Transport deliver non-chemical and the WMA regarding the unresolved weed control to the Rodney/Hibiscus Bays correspondence over costing issues. Fulton area. Hogan, the main contractor in attendance has failed to invite his hot water sub-

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History and timeline of Auckland’s use of chemicals for weed management & vegetation control

24 June 2014 – WMA gives oral submission 1-7 August 2014 – Follow up emails on the to Auckland Transport Board meeting on glyphosate information gathering exercise Statement of Intent (SOI) plans calling for reveal panic within Auckland Transport the implementation of the WMP and a move when they discover one contractor is using to non-chemical control on all contracts. non-chemical treatment in a legacy area instead of glyphosate. Internal AT emails NOTE: no response received. reveal the AT engineers are told they must

ensure nothing is changed and the contractor JULY 2014 – THE LAST OF AUCKLAND must spray chemicals. AT author says that he TRANSPORT ROAD CORRIDOR has already told councillors that they can’t MAINTENANCE CONTRACTS ARE LET AND have non-chemical treatment in another COME INTO OPERATION FOR THE area, so “we should not do it in [this area].” NORTHERN AREAS OF RODNEY, ALBANY Emails reveal pressure brought to bear on AND NORTH SHORE the local AT engineer and contractor, who after a hurriedly arranged “discussion” agree that they will all adhere to legacy methods 16 July 2014 – Auckland Transport Manager and AT’s “preferred method” of spraying tells Albany Councillors that AT will make glyphosate. the decisions on behalf of ratepayers on how to manage vegetation until there is a It is noted that this apparent ‘assurance’ is change to Council’s Weed Management given in an email by the AT engineer, not by Policy (WMP) which calls for AT to ensure the contractor or the sub-contractor doing public health and safety, or until adequate the work who continues to treat non- budget is made available for more expensive chemically as per their contract. Later events methods. He adds that AT and their reveal that another contractor is brought in contractors are responsible for abiding by the to spray glyphosate in the area where it is WMP. already being treated non-chemically.

NOTE: This information was not received 31 July 2014 – Auckland Transport Manager until 18 Dec 2015 under OIA. These emails issues email to its engineers requiring that reveal that an AT investigation in early 2015 all maintenance contractors provide detailed into a complaint laid by the WMA on this information about their use of glyphosate on matter was a complete whitewash. (See 18 the road network. Manager notes that he Jan 2015 onward entries) has the perception that [AT] needs to improve their level of knowledge to ensure August 2014 – Follow up request by WMA to and demonstrate they are using glyphosate Auckland Transport for the information in a responsible and safe manner. He also promised at the May 2014 meeting on wants to source any available information or accurate and transparent costings. Note to research into the impacts and risks of using him that the public continue to be told cost is glyphosate - with the desired outcome that: the reason AT cannot meet its obligation to “we can identify an organisation or person of fully implement Council's Weed Management suitability credibility [sic] who can provide [AT] Policy. with written endorsement that the effects of using glyphosate are negligible - such NOTE no acknowledgement or response ever endorsement being required by the end of received. August. “ August & September 2014 – WMA are NOTE: information not received until 18 Dec denied a request to speak to the Auckland 2015 under OIA. 19

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

Transport Board at their August or that slashing costs by using chemical sprays September Board meeting for Dr Meriel will be included in its draft LTP for 2015 – Watts to address the scientific issues relating 2025. Mr Walden warns that while Auckland to AT’s use of herbicides. Dr Levy requests Transport is currently using an organic written presentation instead. herbicide on roadside, if chemical spraying starts in council parks, the road edges could NOTE: From September 2014 onwards – soon be doused with chemicals too. strong evidence emerges that the non- In a companion piece, Dr Meriel Watts chemical legacy practice in the newly let condemns the recent outrageous use of Auckland Transport North Shore contracts herbicides at Whakanewha Regional Park. are being broken and chemicals are being Glyphosate had also been sprayed adjacent used across the contract areas. OIA material to a wetland Dr Watts said. received in December 2015 confirms ALL legacy non-chemical contracts in Auckland This is really stupid stuff. That glyphosate is going to end up in the waterways and in the City as well as the North Shore are being sea and it’s contributing to environmental broken. See 18 January 2016 entry. degradation.

11 September 2014 – Address to Auckland Dec 2014 – The WMA releases the Human Transport September 2014. WMA Written Rights Impact Assessment (HRIA) by Dr Tom presentation emailed to AT and hard copies Kerns of the Environment and Human Rights of referenced papers handed to the Board of Advisory (EHRA) into Auckland Transport’s AT requesting that all roadside vegetation use of chemicals for vegetation control. The control throughout the Auckland Region is by HRIA confirms there are a significant number non-chemical means. Independent scientific of international human rights norms of evidence linking the chemical glyphosate to concern that are relevant and applicable to adverse effects on human health and the AT’s operations in Auckland. environment is detailed as grounds for the change. Dec 2014 – WMA publishes its response and NOTE: no response received. comment on the Human Rights Impact Assessment (HRIA) of Auckland Transport’s 6 Oct 2014 – WMA press release - Auckland Road Corridor Vegetation Control. WMA’s Transport Faces Human Rights Accusations. response to the HRIA details the background The WMA announces the commissioning of a and concerns, and the reasons why the WMA human rights impact assessment. It says saw the commissioning of the Report as the Transport has a duty to protect people’s only action remaining to break through the health, but is singularly failing to do so, even prevailing indifference. Concludes that though the WMA have continued to bring to Auckland Transport (and Auckland Council) their attention the huge body of independent has an abiding and fundamental duty to keep scientific evidence linking glyphosate to people safe and protect their health and adverse effects on human health and the wellbeing, and calls on them to action the environment. recommendations of the HRIA with no further delay. 20 November 2014 – Gulf News - Council keen for spraying on Waiheke … despite the 16 Dec 2014 - Human Rights Impact Local Board including a spray-free policy in its Assessment delivered to Auckland Transport three year Plan. Chairman, Paul Walden is Board Speaking to the Board at its last quoted as noting that Council has indicated meeting of the year, the WMA says the HRIA

20

History and timeline of Auckland’s use of chemicals for weed management & vegetation control confirmed that Auckland Transport was 22 Dec 2014 – WMA lay an official complaint violating human rights by continuing to with the Ombudsman over the wildly expose people to the toxic chemicals they differing and inaccurate information about spray on the roads in their vegetation control the costs of Auckland Transport’s vegetation programmes. Concerns are also raised about control programmes, the source and basis of contractors being pressured by AT to spray which is still being denied under OIA. WMA is chemicals instead of maintaining the roads hugely concerned that to continue without nonchemically. this information could result in million dollar funding and policy decisions being made in 18 December 2014 – Meeting of Council’s Long Term Plans on inaccurate, or at the very Weed Management Project group shows worst, fraudulent information. that an implementation plan for the Weed NOTE response not received from the Management Policy (WMP) has been Ombudsman until March 2015 and underway for some (unknown) time. information not supplied by AT until August Summary of discussions notes that, as the 2015, months after the Long Term budget Project is to implement the WMP, no further had been decided, including cut backs which political decision-making is required, but result in chemicals returning to parks where governance for the implementation should 14 once mechanical methods were used. be via reports to the ECCHN committee. Paper details that the Project will consist of 24 Dec 2014 – WMA send an OIA request to three phases: Auckland Transport following information  Technical evaluation – operational review of sent to the WMA about a ‘trial’ no-spray area existing practices across the Council family, in Waitakere that AT had recommenced identification and evaluation of available chemical spraying in without notice earlier in options … the year - the WMA request a copy of the  Engagement – noting that change in Review that ‘informed’ this decision and why methodology may not be supported by local AT had not complied with an Auckland boards, some communities and partners …  Implementation – changes in weed Council recommendation to continue and management will be introduced in the monitor the trial.

2015/16 financial year. NOTE: Not received until 6 March 2015. NOTE: This information and all subsequent minutes and papers of the Project Group are Jan 18 2015 – WMA sends an urgent letter not received until 21 October 2015 under an to Dr Levy (chair of Auckland Transport) OIA request by Cllr Wayne Walker. Because expressing concern, as raised at their last committee reporting or public overview of board meeting, about the pressure being put this Project has never taken place, on contractors by Auckland Transport recommendations and decisions taken by the engineers to break contracts, and detailing Group have never been evaluated or the situation. WMA request a confidential approved. Delegated authority appears to meeting because of commercial sensitivity have been assumed and consultation and and privacy concerns, which is ignored. See 1 public engagement avoided on controversial March 2015 entry for outcome. decisions that are completely contrary to the WMP. (See May 2015 budget cuts and Feb 2015 – WMA Complaint laid with current recommendation to standardise all Auckland Council/Transport over their road corridor treatment with chemicals). failure to keep a vulnerable member of the public notified in a timely and safe manner of sprays. WMA also accompanies complainant 14 Environment, Climate Change and Natural Heritage 21

History and timeline of Auckland’s use of chemicals for weed management & vegetation control to a meeting with a representative of Mayor 6 March 2015 – Urgent OIA request by WMA Brown and a Council lawyer at the town hall. for a copy of Auckland Transport’s Risk & Audit Report, after evidence that chemical 23 February 2015 – WMA request speaking spraying had actually taken place in the rights to the Governing Body meeting on disputed area during the time of the February 26th to present the Human Rights investigation [which had concluded the Impact Assessment (HRIA) to Mayor Len allegations of contractors being pressured to Brown. Request denied and referred to use chemicals were not justified.] another Committee. NOTE: See 7 April 2015 entry. NOTE: HRIA finally presented to the Mayor at a private audience on 9 April 2015 and 9 March 2015 - Press Release from WMA. Councillors at a RSPC meeting on 2 April Auckland Transport “bullies” contractor into 2015. spraying chemicals. The WMA goes public and raises the alarm over secret spraying of MARCH 2015 - PUBLICATION OF THE chemicals on roads in North Auckland. CONSULTATION DOCUMENTS FOR AUCKLAND COUNCIL’S DRAFT LONG-TERM- 12 March 2015 – Further information sent PLAN (LTP) BUDGET & AUCKLAND by the WMA to the Ombudsman regarding TRANSPORT’S REGIONAL LAND TRANSPORT contractors being pressured to spray PLAN – 2015-2025 … INCLUDES A ‘MINOR’ chemicals - asking urgent advice of the PROPOSAL TO INCREASE THE USE OF Ombudsman. AGRICHEMICALS IN ALL PARKS. March/April 2015 – The Ombudsman finally responds to WMA’s December OIA complaint 1 March 2015 – Investigation and Review by about AT’s denial of the source and basis of Auckland Transport into allegations laid in the wildly differing costs of their vegetation January by the WMA. Dr Levy, Chairman of control programmes. Auckland Transport informs WMA that the matter of AT pressuring contractors to use 15 March 2015 – WMA Submission to chemical sprays had been referred to the Auckland Council’s Draft Long-Term-Plan Finance & Risk Committee who asked the (LTP) Budget 2015-2025. The WMA calls for Group Manager of Risk & Audit to undertake a complete rejection of the proposal to an investigation and review. This had increase the use of sprays in all parks. Five concluded that the issues raised were not reasons detailed: justified.  It is in direct contravention of its own Weed Management Policy NOTE: see 6 March and 7 April 2015 entries  There is no evidence the use of chemicals for outcome. will save money.

 People have made it clear they do not 5 March 2015 - Devonport Toxins Action want chemicals Group gives a comprehensive presentation to  There is overwhelming scientific evidence Auckland Council’s Regional Strategy and of the adverse human health and Policy Committee (RSPC) calling for environmental effects of glyphosate. glyphosate to be banned and a more  The human rights of vulnerable citizens sustainable nonchemical method enshrined are being violated. in policy. A PhD student also speaks and focuses on the health risks of using glyphosate. 22

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

3 APRIL 2015 - THE SERIOUS FRAUD OFFICE MARCH 2015 – THE INTERNATIONAL (SFO) CONFIRMS IT HAS LAID CHARGES AGENCY FOR RESEARCH ON CANCER (IARC) FOLLOWING AN INVESTIGATION INTO RE-CLASSIFIES GLYPHOSATE AS “PROBABLY FRAUD AND BRIBERY ALLEGATIONS CARCINOGENIC TO HUMANS”. INVOLVING INDIVIDUALS CONNECTED TO AUCKLAND TRANSPORT ROADING 22 March 2015 – WMA Press Release CONTRACTS. Auckland spray is “probably carcinogenic.”

The WMA says IARC’s re-classification of 7 April 2015 – WMA receive OIA copy of glyphosate as “probably carcinogenic to Investigation and Review by Auckland humans” is a wake-up call for Auckland Transport into allegations of contractors Transport and Auckland Council. Dr Meriel being pressured by AT to use chemicals. Watts says that the use of this chemical on Report dated 13 February 2015 makes no the roads, parks and sports fields of Auckland mention of any AT involvement, saying cannot now continue in the face of this contractor “chose” to use chemicals even damning assessment. She says it is totally though the Report says they are allowed to unacceptable to continue to expose people use “steam based treatments” if they wish. and especially children who are so susceptible to carcinogens, after this ruling NOTE: Email correspondence released under from the IARC. OIA on 18 December 2015 confirms that AT Engineers interfered in the legitimate The WMA will be pursuing this urgently with complying contract and did tell contractors Council especially in view of the LTP they must use chemicals. See original entry proposals to drop nonchemical vegetation on 1-7 August 2014. control in favour of increasing the use of chemicals. 9 April 2015 – WMA Press release – Carcinogenic Chemical must be taken off the 2 April 2015 - Urgent Human Rights Roads and Parks of Auckland Immediately. Submission to the Regional Strategy and Citing the IARC ruling, the WMA issue an Policy Committee (RSPC) – Presentation by “Open Letter” to Auckland Mayor Len Brown WMA on the use of glyphosate in public and Dr Lester Levy, Chairman of Auckland places. The Human Rights Impact Assessment Transport, calling on them to immediately tabled at the meeting confirms a significant cease use of glyphosate in its public number of international human rights norms operations and urgently work together to co- of concern. Such concerns being elevated by ordinate the implementation of the changes the latest scientific evidence from IARC, necessary to switch all weed and vegetation detailed for the committee by Dr Watts. She control operations to nonchemical methods. concludes that it would be unconscionable to continue to expose Aucklanders on a virtually 9 April 2015 – Auckland Mayor Len Brown is daily basis to a known carcinogen, and calls formally presented with his copy of the for an immediate ban on all use in public Human Rights Impact Assessment of road places. corridor vegetation control. The WMA meet NOTE: See 9 April 2014 entry for and raise concerns with the Mayor about the presentation to Mayor. To date no ban or fact that the Long Term Plan (LTP) proposal moratorium agreed. for increasing chemicals in parks contravenes adopted Policy. They are told by Mayor

Brown not to worry as this can be corrected later via the Annual Plan budget. 23

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

NOTE: This advice is incorrect and all  Is the use of glyphosate in breach of human requests and submissions in 2016 denied and rights? Are there any human rights issues over-ruled - see May 2016. operational parts of council should be aware of when using agrichemical in council owned open spaces? 9 April 2015 – Publication of the Open Letter to Mayor Brown and AT Chairman Dr Levy With regard to the last point, legal advice calling on them to take their responsibilities notes that:

for the health and welfare of the their There is potential for an argument that the citizens seriously and work together to use of chemical sprays is in breach of the Bill urgently co-ordinate the implementation of of Rights Act and the Human Rights Act. changes necessary to switch all weed and However, because of the disputed facts and vegetation control operations to nonchemical scientific evidence, there is insufficient information to give definite advice on the 13 April 2015 – WMA writes to all Local extent of the legal risk of challenge …

Board Members and Councillors asking for They go on to say that applying the legal their support to switch all weed and issues to the facts, the questions when vegetation control operations to nonchemical considering this issue are: methods as outlined in the open letter to (a) Will a decision to increase or implement Mayor Brown. The WMA also ask for the spraying of chemicals impact on sections assistance to ensure that the Council’s of the community (disabled, elderly, Governance and Best Practice Reference chemically susceptible) to the extent that their Groups are set up immediately to oversee right to freedom of movement and health is the implementation and delivery of the 2013 impacted; and if so: Weed Management Policy that will guide this (b) Are the reasons for increasing the use of critical transition. chemical spraying and the options assessment resulting in any decision such that it is a 18 April 2015 – Online petition launched on reasonable intrusion?

the TOKO site demanding that Mayor Len They conclude that the key consideration for Brown and Dr Levy 'Ban the use of the Council is whether, on the basis of the carcinogenic chemical glyphosate on evidence it does have (including the evidence Auckland’s roads and parks – NOW” provided by the Weed Advisory Council [sic])

NOTE: presented to Council on 7 July 2016 that it is reasonable to decide to use spraying with 3,700 signatures. as an option when considered alongside all of the objectives in the policy.

4 May 2015 – Internal Auckland Council NOTE: Information not received until 21 legal advice to Senior Council Officer on a October 2015 under OIA. number of questions raised by the Weed Project Group which reveals an aversion to being bound by the WMP, or implementing MAY 2015 – AUCKLAND COUNCIL LONG its required actions. Questions include: TERM PLAN 2015-25 BUDGET APPROVED INCLUDING THE ADOPTION OF CUTS WHICH  Can the Council depart from the WMP? WILL SEE CHEMICALS RETURN TO PARKS.  How bound is Council by the action plan and LOCAL BOARDS GIVEN OPTION TO FUND the points in the WMP? 15 CONTINUED MECHANICAL METHODS IN  Is the proposed LTP decision consistent with the Policy? THEIR AREA VIA THEIR DISCRETIONARY FUNDS. ONLY FIVE TAKE THIS UP.

15 To replace mechanical methods for weed and vegetation control on hard edges with chemicals. 24

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

May 2015 – Auckland Council Briefing Note 18 June 2015 – Briefing Workshop for ‘leaked’ to the WMA. The WMA discover Councillors on the ‘implementation’ of the there was overwhelming opposition by LTP WMP. Does not appear to be any progress in submitters to the chemical expansion in implementing the WMP particularly reducing parks. Concerns about the environmental the use of sprays. Documents include a huge impact on stormwater, and receiving waters, number of inaccuracies, including a bizarre and public health came from both submitters photo purporting to show organic fatty acid and councillors. Of some concern is that the control but actually showing hot foam briefing document also notes the Council’s application on a street in Devonport. Weed Management Working Group NOTE: information not received until 14 recommends expanding chemical treatment August 2015 under OIA across the region for all operations including the road corridor. 30 June 2015 – On the advice of the NOTE: This is the first the WMA knows that Ombudsman an urgent OIA request lodged this internal group to implement the WMP with Auckland Transport and Auckland exists though later OIA documents reveal Council. The request is made by WMA for they have been operating since at least mid- information never supplied on the costs of 2014 and planning these cuts in weed and vegetation management in the contravention of the WMP from day one. Auckland Region. Concern raised that incorrect and erroneous figures have been 25 May 2015 – WMA attends the Proposed used as the basis for Council decision making Auckland Unitary Plan (PAUP) Hearing on on its LTP budget, and will seriously impact behalf of a submitter unable to attend. the ability to implement Council’s Weed Raises issue of where had Council Management Policy. incorporated the objectives of the WMP into NOTE: Not received until 14 August 2015. the PAUP as required under Policy Action

4.1a. Also points out that the NZ standards July 2015 – Council advertises for being used in the PAUP were noted in the expressions of interest for membership of WMP as the “Minimum Standards” to be the Best Practice Reference Group. (BPRG) used. Therefore the WMP basically trumps NOTE: BPRG is required under the 2013 the PAUP. The Chairman, Judge Fitzpatrick Weed Policy – but not actioned until after said he would get back to Council and find legal advice on 4 May 2015 which says they out why there was a lack of alignment in the must be set up. First meeting not held until PAUP with the WMP. late November 2015. NOTE: WMP objectives NOT incorporated into the Unitary Plan. 30 July 2015 - WMA Press Release - Auckland Council accused of putting public 10 June 2015 – Official complaint laid with at risk. A complete ban on the use of the Human Rights Commission (HRC) on glyphosate on all public land in Auckland is behalf of a vulnerable member of the public called for after NZ toxicologist Professor Ian whose original complaint about sprays to the Shaw confirms heightened risks of glyphosate Mayor and Council in February had after the IARC reassessment and concludes it subsequently been treated with callous is probably time for city councils and similar disregard and ‘dismissed’ by Auckland people to rethink its use and if there is Transport. See 18 April 2016 entry for “something else we can do instead … lets outcome. replace it” The University of Canterbury toxicologist’s conclusion backs up WMA’s 25

History and timeline of Auckland’s use of chemicals for weed management & vegetation control own concerns after the leaking of the Council decisions by Auckland Council in May 2015 to briefing document which recommends implement cuts to Parks budgets, which expansion of chemical spraying across the result in chemicals instead of mechanical city, contrary to its own policy. The WMA treatment. questions the relationship between Council and the chemical industry in the light of 18 August 2015 – Response to the WMA comments in the document and the from Auckland Transport Chairman Dr Levy trivialisation of the serious health risk to the who replies that the concerns raised by the public from glyphosate. WMA on 10 August 2015 have been taken

seriously and recommendations will be presented to the Board. See 25 August entry

31 JULY 2015 – INTERNATIONAL AGENCY for outcome. FOR RESEARCH ON CANCER (IARC) RELEASES ITS FULL MONOGRAPH ON GLYPHOSATE 21 August 2015 – Response from the office

of Mayor Brown to the WMA request for 31 July 2015 – Watercare detects glyphosate Council’s position, policy and intention with in Cosseys Dam. Watercare immediately regard to phasing out glyphosate by saying isolates the dam and an investigation into the that in such matters “we take our direction probable cause of the contamination event from the relevant scientific authorities” which commenced. The 25 Sept 2015 report of the in this case is the NZ EPA. As they have had extensive investigation could not determine no further updates from the EPA their the source and concluded that it was an position has not changed. “anomalous event.” (See 3 June 2016 for further contamination event). 21 AUGUST 2015 – AUCKLAND TRANSPORT PUBLISHES AGENDA FOR MEETING OF AUG 10 August 2015 – WMA sends urgent letter 25th WHICH REJECTS THE HUMAN RIGHTS of concern to Mayor Brown and AT REPORT AND ENDORSES THE CONTINUED Chairman, Dr Lester Levy about their lack of USE OF GLYPHOSATE FOR ROADSIDE response to the Human Rights Impact VEGETATION Assessment and IARC carcinogenic Report. With no evidence to date that any move is being made to even address the issue, let 24 Aug 2015 – The WMA writes urgently to alone implementing an urgent non-chemical all Auckland Transport Board Members and replacement, the WMA ask what their asks them to reject the recommendations to position, policy and intentions are with endorse the continued use of glyphosate for regard to phasing out glyphosate. In roadside vegetation control, because: particular, whether they intend heeding the  The report does not address human rights; it IARC Report, Professor Shaw and the HRIA is a response and justification of the chemical author, Dr Tom Kerns. glyphosate and its use by AT.  The opinion that there is no evidence that 14 August 2015 - Official Information Act glyphosate poses any risk to human health is documents released to the WMA. The unprincipled, unprofessional and unscientific. information supplied from AT and Auckland  The defence that AT are complying with Council dated back to refused OIA requests in Council Weed Management Policy (WMP) is 2012 for costing documents, up to and fundamentally wrong and a distortion of the facts. including 2015 requests relating to information about weed management cost comparisons that had informed budget 26

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

 The true costs and effectiveness on which based herbicides and agreed to transition vegetation control options are being away from their use as soon as possible. presented have been suppressed. 21 September 2015 – TOKO petition group 25 August 2015 – Dozens of people attend commence email campaign to AT Chairman, the Auckland Transport Board Meeting but, Dr Levy and Mayor Brown saying they don’t submissions from WMA’s Dr Watts, a want glyphosate sprayed any more in councillor and two members of the public, Auckland and asking to be put on the no- including a petition with thousands of spray register. By Nov 2015, 800 requests signatures are ignored. The Board requests had been made. that a report be brought back to their next meeting with clarifications. This ‘report’ was 25 September 2015 – WMA lodge OIA with subsequently deferred to the November Auckland Transport requesting information 2015 meeting, with the General Manager of arising from the AT document Draft Use of communications advising that: Agrichemicals in the Road Corridor supplied

The deferral is as a result of the Board asking under OIA in August 2015. Requires details for more information, in particular a deeper of their contractor’s use of agrichemicals in analysis of cost comparisons between the use the road corridor operations with a of glyphosate and alternative control description of their current chemicals and methods. practice techniques.

This was not presented at the November NOTE: Not supplied until 18 Dec 2015 after meeting and to the best of WMA knowledge further intervention by the Ombudsman. this has never been presented. But a subsequent cost comparison table sent to all 1 October 2015 – Cllrs John Watson and councillors on 6 November 2015 references Wayne Walker lay a formal complaint with an AT “Weed Management Cost Review” Council and AT regarding weed management 16 from PWC dated 15 September 2015 – but and vegetation control “as it has been only for glyphosate and fatty acid costs. reported for decision making to Auckland Council Governing Body, Local Boards, September 2015 - Physicians and Scientists Auckland Transport and the Auckland for Global Responsibility (PSGR) call for a Transport Board through the 2015-2025 Long ban on the use of Glyphosate. PSGR forward Term Plan (LTP) process, the current 2016 their comprehensive glyphosate paper to AT, Annual Plan (AP) process, the Weed noting that studies continue to be released Management Project (WMP) and the questioning the safety of using glyphosate, implementation of decisions as they go to and call on NZ’s central and local government changes in levels of service and contracts for and regulatory authorities to ban the weed management and vegetation control”. application of glyphosate-based herbicides. (See entry 6 November for outcome)

17 September 2015 – Chairman of Tauranga October 2015 – Glyphosate: No Safe Level – City Council’s Toxic Agrichemical Advisory Report commissioned by Green MP, Steffan Forum (TAAF) expresses its views about Browning is released. The report brings glyphosate to the AT Board. It advises the together some of the peer reviewed evidence Board that Tauranga City Council had available to support the call for glyphosate- acknowledged the toxicity of glyphosate based herbicides (GBH) to be removed from the immediate environment in NZ – in particular off the streets. It details the lack of 16 Price Waterhouse Coopers published peer reviewed science submitted 27

History and timeline of Auckland’s use of chemicals for weed management & vegetation control independently of the pesticides industry to Watson. It includes the Weed Control the NZ Environmental Protection Authority Comparison Table, but minus the PWC review (NZEPA) and notes that none of the studies in and the opening para as detailed above. this report have been reviewed by them. NOTE: Not obtained until Dec 2016

6 Nov 2015 – “Review of Weed Control Costs for Hard Edges in Parks” by PWC17 for 12 NOVEMBER 2015 - THE EUROPEAN FOOD Auckland Council. Review of costs by SAFETY AUTHORITY (EFSA) SAYS THERE IS comparison of payments from Council and INSUFFICIENT SCIENTIFIC EVIDENCE OF A Auckland Transport to contractors. Huge CANCER LINK WITH GLYPHOSATE AND SUGGEST INCREASING THE ACCEPTABLE DAILY INTAKE variation in cost across the contracts for both parks and roads with numerous influencing factors. PWC conclusions are important as 19 Nov 2015 – WMA complaint to the they will be extrapolated into numerous Ombudsman about the non- documents from this point on, but without acknowledgement and supply of the their cautionary and confounding factors. information requested from AT on 25

“The combination of these factors mean that September 2015. See 18 December 2015 the unit cost for a treatment in one area is not response. necessarily applicable if the same treatment was undertaken somewhere else. This means 25 November 2015 – First meeting of the that drawing meaningful comparisons Council’s Weed Management Best Practice between unit rates is problematic.” Reference Group (BPRG). Their role is to

NOTE: Review not obtained until May 2016 “ensure that the weed management policy and all operational programmes maintain 6 November 2015 – Council response to Cllrs international best practice and to recommend Walker and Watson’s complaint of October improvements to procedures”

st 1 2015 for information used to inform NOTE: this Group is not open to the public decisions on weed control methods. nor its agendas and minutes published. This Response notes that although information on information not received until 21 Dec 2016 weed control has been collated from a under OIA. number of different sources over the years with different information in different 27 November 2015 – Ninety six independent documents resulting, in the view of staff scientists from around the world – including “these differences have not been material Auckland’s Distinguished Professor Bruce and have not compromised our advice or the Baguley, publish and publicly refute the EFSA decisions made.” Response includes a new assessment of Nov 12th that glyphosate is not “peer reviewed” Weed Control Comparison carcinogenic - as “not supported by the Table, including costs derived from PWC evidence”. Review, also attached. (See cautionary note in PWC 6 Nov 2015 entry above). 12 DECEMBER 2015 – GLYPHOSATE MAY NEED NOTE: not obtained until May 2016 TO BE CLASSIFIED AS A ‘SUSPECTED HUMAN CARCINOGEN’ SAYS THE FRENCH AGENCY FOR 6 November 2015 – Information Memo sent FOOD, ENVIRONMENTAL AND OCCUPATIONAL to all Councillors. 18 It is the same as the Nov HEALTH AND SAFETY, AND CALLS FOR THE 6th 2015 response for Cllrs Walker and EUROPEAN CHEMICAL AGENCY TO RAPIDLY REVIEW ITS CLASSIFICATION. 17 Price Waterhouse Coopers, Auckland 18 Local Boards not included 28

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

12 December 2015 – Early morning spraying corridor kerb and channel operations across incident filmed in East Auckland with the region. contractor applying spray along kerb and NOTE: Review not received by WMA until 11 channel already filled with dead vegetation. May 2016. Spray is showering well over the kerb.

Pictures of dieback on berms also sent to 18 Jan 2016 – WMA releases Report on the WMA. An apology is published with AT Current State of Auckland’s Chemical Spray saying that; Regime. The Report raises the alarm over the Unfortunately the nozzle on the applicator’s exponential growth in the use of glyphosate machine had been changed when it was across Auckland. Documents released under serviced to a wider width. The result was an OIA in December 2015 reveal the details of overspray of the edges which encroached the covert spraying of glyphosate by AT onto the berms of some residents. roading contractors that is taking place in all AT say that all practical steps have been the non-chemical vegetation control areas taken to ensure this does not happen again. across the city. Serious questions are raised

NOTE: Spraying in a local park also took place about why the public is being kept in the with a film of a truck spraying around the dark, and who has sanctioned the children’s park area. Resident has to warn off overturning of 20 years of chemical-free parents heading into the park with their practice. The WMA demand an urgent public younger children after school drop off. No investigation and audit and renew their call warning signs erected. to ban the use of glyphosate in all public spaces. 18 December 2015 - Official Information Act documents reveal covert spraying of 18 Jan 2016 – The Covert spraying Report chemicals across Auckland. This information sent to Mayor Brown and Auckland is in response to follow up WMA questions Councillors demanding that the serious arising from the AT document Draft Use of questions arising from this Report be Agrichemicals in the Road Corridor. answered and a public investigation and audit undertaken as a matter of urgency, and Documents reveal and confirm that AT asking for their active support. roading contractors have been covertly putting glyphosate and other chemicals and NOTE: No audit or investigation is ever surfactants into their nonchemical mixes for carried out and to date, no answers have several years – breaking all legacy non- been forthcoming. See following entries on th th chemical operations. It also brings to light the 20th January and the 9 and 17 February. fact that AT had interfered in legitimate contracts and pressured contractors into 18 Jan 2016 WMA Press Release – “Report spraying chemicals. See entries commencing reveals covert chemical spraying in Auckland 18 January 2015. streets” An urgent public investigation is demanded after documents reveal AT 21 December 2015 – The ‘new’ Operational vegetation control contractors across the city Review of weed management is finalised by have been secretly spraying glyphosate. The Dean Kimpton, Chief Operating Officer of WMA says it is outrageous that glyphosate is Auckland Council. This Review apparently still being used, let alone in this covert replaces the original which was agreed for manner without the knowledge of the public. consultation by committee in 2013. See The Report questions who has sanctioned the entry 9 March 2014. It reveals recommend - subverting of the legacy practices, and the ations that glyphosate is used for all road 29

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

WMA renews its call for a complete ban on investigation into and audit of WMA claims the use of glyphosate in public places. until then

“… the implementation plan and policy 19 JANUARY 2016 - GREEN MP STEFFAN decisions already made by Kimpton’s BROWNING’S NATIONWIDE SPRAY-FREE Project Group should be revoked or put on STREETS AND PARKS CAMPAIGN LAUNCHED hold to ensure that no further precedent IN AUCKLAND setting or irreversible policy changes are being embedded without proper overview, consideration and consultation."

20 January 2016 – Auckland Council’s Chief NOTE: Never done. See Mayor Brown Operating Officer sends Memo to all response on 17 Feb 2016 Councillors and LB members accusing the WMA of making unfounded claims regarding 16 Feb 2016 A second complaint is laid with Council and AT weed control practices. the Human Rights Commission about Advises all Councillors and Local Board Auckland Council and AT breaking a legacy Members that he is working with AT to no-spray zone and dismissing the disabling “provide a response to the WMA press health effects on the resident of the resulting statements” that he will circulate in the next chemical spraying of roadside vegetation and few days. the increased chemical spraying of hard

NOTE: No response has been ever been edges in the local parks. See 26 October provided. 2016 for outcome.

20 Jan 2016 – WMA Covert Spraying Report 17 Feb 2016 – Mayor Brown responds to sent to all Local Board members asking for WMA call for urgent public investigation and their intervention and backing to get answers audit noting that he has asked that the to the detailed questions raised in the questions raised in WMA’s Report are Report, and asking for their support – firstly factored into the review process of the to halt the use of this carcinogenic chemical operational review that is developing and secondly, its urgent and final removal recommendations for consideration. from the city. NOTE: Copy of the Operational Review not received by the WMA until 11 May 2016 9 Feb 2016 - WMA publishes response to where it is discovered that it was finalised in Auckland Council’s memo that the WMA is Dec 2015, so Mayor Brown’s response here making “unfounded claims” in its Report on in February that ‘questions raised’ could be the city’s spray regime. Detailed WMA ‘factored in’ was incorrect. To date the response to Chief Operating Officer, Dean Operational Review remains ‘finalised’ and Kimpton’s memo strongly refuting Kimpton’s has not been released for public consultation assertions, misleading statements and the and feedback as required. continued denial that Council and AT are not subverting Council’s Weed Management We understand it was, however, provided to Policy as well as legacy practices of weed and the BPRG for their comments and was heavily vegetation control. criticised. To date, these comments remain unpublished. 9 Feb 2016 – WMA Response to Auckland Council Memo sent to Mayor Brown and all 19 February 2016 – first meeting of Council’s councillors and local board members weed management Political Advisory Group repeating the call for an urgent public (PAG). Their role is to “oversee the

30

History and timeline of Auckland’s use of chemicals for weed management & vegetation control implementation and delivery of the 2013 chemical-free buffer zones around their Weed Management Policy, and: schools. Ask that the Board take actions to

a. Ensure robust decision-making which takes address these concerns. account of both community and technical considerations. b. Audit the performance of the weed 1 MARCH 2016 – THE INTERNATIONAL AGENCY management policy and all relevant FOR RESEARCH ON CANCER (IARC) PUBLISHES A 19 Q&A ON ITS GLYPHOSATE MONOGRAPH operational programmes.

NOTE: This Group, like the BPRG, is a The unprecedented Q&A clarifies its findings requirement of implementing the WMP. It is that both glyphosate and its formulations are difficult to understand how it is expected to genotoxic and cause cancer at levels fulfil its role when it is not set up for two and experienced in occupational settings. i.e. a half years after the policy is adopted and “… real world exposures experienced by human long after decisions fundamentally populations are to a variety of formulations of inconsistent with the WMP are taken and glyphosate with other chemicals, because this is implemented. The PAG is not open to the how glyphosate is mainly sold and used. public nor its agendas and minutes published.

This information not received until 21 Dec 2016 under OIA. FEB/MARCH 2016 - AUCKLAND ANNUAL PLAN OUT FOR FEEDBACK AND SUBMISSIONS 19 February 2016 – Information supplied to the first meeting of PAG includes summary Question of budget restoration for non- of the operational review and some of the chemical methodology in parks is not part of proposed changes. Members NOT informed the consultation. of recommendations that glyphosate be used for all road corridor kerb and channel March 2016 WMA attends Annual Plan operations across the region. Trials of a meetings and submits individual written ‘new’ method of combining hot water, steam submissions calling for urgent priority to be and natural foam are discussed. The trial has given to making financial provision in this not yet commenced “but if successful, this year’s annual budget for the total method offers a non-herbicide alternative.” replacement of glyphosate by non-chemical NOTE: Foam systems already in use in methods in all public places. Auckland have never been acknowledged, reviewed or assessed by officers and staff. 10 March 2016 – Christchurch Council puts a

NOTE: information not received until 21 Dec proposal to ban glyphosate in public areas 2016 under OIA. of the City into its Draft Annual Plan consultation process, saying it is important 25 February 2016 – Avondale Community residents and ratepayers have a voice on the Gardeners express their concern to the Local issue, given glyphosate’s potential health Board about spraying in their local reserve risks. An option to ban completely was lost with families due to attend a ‘Movies in the by one vote. Park’ event the following day. Also express concern about the spraying by AT along grass 10 March 2016 – Workers spraying weed berms and footpaths affecting the health of killer not wearing masks as they don’t want all their youngsters and the need for to frighten the public. Christchurch Council hears from its Parks Manager during annual plan process proposing to ban glyphosate. 19 Extracts from Terms of Reference presented to PAG 31

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

Essentially they don’t want to be seen in 15 April 2016 – WMA Press Release - Europe public spaces wearing the appropriate votes to withdraw approval of carcinogenic equipment because it naturally gives off quite glyphosate in public places and to remove it a scary image. from public sale. WMA demands that

Mayor and councillors are horrified Auckland Council finally takes notice of what contractors had been told not to wear is happening around the world and protective masks, citing their need to meet implements an immediate reversal of its decision to expand the use of glyphosate. its obligations under the Health and Safety Act. Council staff said contractors would now Council and AT have a duty of care and need be told to wear masks. to take action immediately because they can no longer ignore the fact that they know glyphosate is a hazard to human health as 4 APRIL 2016 - NEW HEALTH AND SAFETY AT defined in the new HSWA. Urgent priority WORK ACT (HSWA) COMES INTO EFFECT should be given in this year’s Annual Budget WITH ENHANCED CHANGES AND NEW to fully fund the replacement of glyphosate RESPONSIBILITIES. in all public places with non-chemical alternatives. The HSWA Act shifts the focus from monitoring and recording health and safety NOTE: Copy of press release is sent to Mayor incidents to proactively identifying and and all Auckland Councillors and Local Board managing risks. And in this respect, the need Members. to take “all practicable steps” to ensure that people are not harmed by the work that they 15 April 2016 – Mayoral office responds to carry out will impact on Councils undertaking WMA Press Release. Notes that Auckland weed spraying operations. See 15 April 2016 Council takes its direction from the NZ EPA entry. which has not updated them on any advice, therefore their position has not changed. Adds that … 9 April 2016 – Auckland Transport Leader loses job over road contracts. It is reported “[t]here have been a small number of that an AT team leader lost his job after submissions to the Annual Plan 20 … some of awarding contracts to roading giant Fulton which are seeking to halt the use of Hogan, which sub-contracted them back to a glyphosate on public land. These will be company owned by his wife. considered in the course of the Annual Plan Process.”

NOTE: no evidence this was ever considered 13 April 2016 - THE EUROPEAN or done. (See 13 May 2016 entry) PARLIAMENT CALLS FOR A BAN ON GLYPHOSATE 18 April 2016 – Human Rights case laid in

June 2015 is closed. The HRC was unable to The European Parliament resolution says any resolve the complaint after mediation with new licence should be limited to 7 years. It the complainant and Auckland Council and calls on the Commission in particular not to Auckland Transport representatives and approve any uses of glyphosate in or close to lawyers. Further mediation was declined by public parks, public playgrounds and public Council as they “would not be able to resolve gardens, nor approve it for any non- the issues or the remedies sought”. The professional uses.

20 Council records of ‘nonchemical’ submissions puts this number at 125 32

History and timeline of Auckland’s use of chemicals for weed management & vegetation control complainant continued to work through Segments emailed to WMA the following day possible solutions via Council lawyers. See 18 and archives restored some weeks July 2016 entry. afterwards.)

11 May 2016 – WMA obtain copy of the 15 May 2016 – WMA posts report of the WMP Operational Review (OR) from an Committee proceedings to their website and Auckland Councillor. Discover that this is not accuse Council of shutting down legitimate the OR that was finalised in 2014, but a debate on Friday 13 May 2016 in a ruthless totally different document. This OR was manoeuvre to keep concerns about finalised in December 2015 but has never carcinogenic chemical use in the city out of been released. The Review recommends, the public eye and off the agenda. against all policy, that glyphosate is used for all road corridor kerb and channel operations 15 May 2016 – Two Auckland Councillors consistent across the region as well as parks. issue media release – “Council Refuses to allow debate as use of chemical spray 12 May 2016 – European Parliament MPs extends.” Cllrs Watson and Walker warn that test positive for glyphosate. A Greens press- Council’s increase in the use of chemical release says a cross-party group of 48 MEPs sprays is alarming and has no public from 13 member states take part in the mandate. They say that a refusal to allow an Greens initiative and have their urine tested. amendment to be discussed amounted to not All MEPs excreted glyphosate in their urine only an abuse of the democratic process, but which on average was 17 times higher than a determination to persist with the roll out of the European drinking water norm. more chemicals.

13 May 2016 – Auckland Council Budget 16 MAY 2016 – A WHO AND FAO JOINT decision. Papers note that “feedback was MEETING ON PESTICIDE RESIDUES (JMPM) also received on topics that had not been STATE THAT GLYPHOSATE IS UNLIKELY TO consulted upon” but there is no mention of POSE A CANCER RISK TO HUMANS FROM the restoration of a non-chemical weed EXPOSURE THROUGH DIET management budget. At the adopting Finance Committee meeting Councillors 25 May 2016 – WMA emails all Local Board attempt to introduce an amendment that members copies of the report of the dispute had been ‘lodged’ with Mayor Brown the at the Annual Plan Budget on Friday May previous day, but was voted out of order. 13th 2016 and the press release from Cllrs Public protest and demonstration close the Watson and Walker. The WMA considers meeting and public escorted off the that they should know what happened premises, but not before a promise had been because it affects them and their community given by Mayor Brown that the public would and has far reaching implications for what is be heard on the matter. happening in the City.

15 May 2016 – Formal complaint laid with 26 May 2016 – Council’s Weed Management Auckland Council CEO Stephen Town about Political Advisory Group (PAG) meet. WMA the deletion from the webcast of the May 13 urgently emails all members expressing amendment debate section. WMA considers concern that their group is not open to the this is censorship and asks that the public. As the Group is set up to "oversee the recordings be immediately and fully restored implementation and delivery of the WMP", to the webcast archive for full public access the WMA is concerned that the group will be of the proceedings that took place. (Note: directed to endorse controversial 33

History and timeline of Auckland’s use of chemicals for weed management & vegetation control recommendations as a 'done deal' without nonchemical weed and vegetation oversight or public process, even as the management. Annual Plan was. Asks they do not allow this to happen. 3 June 2016 – Watercare proactively remove Wairoa Dam from service due to glyphosate 26 May 2016 – Watercare say herbicides are and metsulfuron being aerially sprayed by considered the option of last resort in their Waytemore Forests Ltd in the catchment presentation to the PAG. 21 Watercare note area. Watercare had formally objected to that they have strict controls around Council over this application taking place herbicide use and application method. Their during unsettled weather. Minutes of the 1 major current risk is the land within water Aug 2016 board meeting detail the positive supply catchments which have commercial post-spraying tributary samples of these forestry operations undertaken by herbicides,23 with the lake expected to be Waytemore Forests Ltd. Auckland Council returned to service in early July after controls this operation. See following entry negative results from late June. However, 41 3 June 2016. days after the spraying a routine sampling of a tributary detected glyphosate and the dam NOTE: Mayoral briefing 21 November 2016 was not returned to service until early has implied criticism of Watercare for September 2016 after approval from the opposing the use of glyphosate or other Medical Officer of Health was obtained. (See herbicides on land that feed into their Watercare Board minutes 29 Sept 2016) catchment dams. Council officers note that: NOTE: Briefing to Mayor Goff 21 November Currently herbicides are not used in water supply catchments and this is believed to have 2016 notes that Watercare is in the process contributed to significant biosecurity weed of taking over the long term lease held by infestations in the Waitakere Ranges. Waytemore Forests Ltd “ … so that they can ensure no future spraying is done in the water As noted in the unpublished response to this 22 catchment there.” briefing, this attitude is a huge concern. Does Council/Biosecurity not know how to 11 June 2016 – Urgent OIA request lodged deal with weed infestations non-chemically? on the FYI site asking where in the Draft Are they suggesting they would prefer people Unitary Plan the vision and objectives of the to be poisoned so they can carry on spraying? 2013 WMP had been incorporated - as The safety of the public must always come required under Action Point 1a of the Policy. first. Never resolved because staff unable to find NOTE: Information not received until 21 it. Publication of the Unitary Plan shows it is December 2016 under OIA. not included.

2 June 2016 – Public Meeting and the 15 June 2016 – Mayor’s office in contact. establishment of a new group - SprayFree Invites WMA to submit request to be heard Streets to focus on action to remove in public input at Council’s Regional Strategy glyphosate from all streets and parks. Over & Policy Committee (RSPC) on 7th July 2016. 100 people attend and sign up. Open letter Informed WMA’s alternative preference of launched demanding all candidates for the speaking to the Governing Body at the end of upcoming local elections state their views on June will not be granted.

21 Parks, Auckland Transport and BPRG also give presentations. 23 Glyphosate, its breakdown product AMPA and 22 See 21 November 2016 entry. metsulfuron 34

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

16 June 2016 – Gulf News - Council increases 30 June 2016 – SprayFreeStreets Press chemical spray pressure says Waiheke Local Release - Mayor Rejects Petition Plea to Ban Board chair. Paul Walden, member of the Toxic Chemical. SprayFreeStreets are most council’s Weed Management Political concerned that the Mayor considers the Advisory Group, says the group is being Weed Management Policy had many bombarded with biased advice on the safety interpretations and proposes to clarify it. of chemical herbicides whilst “numerous “Offering to debate the policy is a poisoned submissions” calling for neighbourhoods to chalice disguised as meaningful engagement´ be spray free are not being taken on board. says Georgina Blackmore. “Auckland Council and Auckland Transport seem hell bent on introducing agrichemicals 30 June 2016 – contractors spray paved regionally”. areas and edging of organic vegetable beds in a park Community Garden. Complaint to 19 June 2016 – SprayFreeStreets group Council that this had previously happened in submits request to present petitions to January and they had been reassured that Mayor Brown at the next Governing Body the contractors had done no chemical Meeting on June 30. Request refused and spraying. But now it was pretty clear it had referred to the RSPC committee. Three days happened again. Photos sent to Council. later Mayor Brown offers a private meeting for the petitions to be presented. July 2016 – Exposure to pesticides and fertilisers is the third ranked airborne agent 23 June 2016 – Christchurch City Council of work-related disease in NZ says Reducing votes to restrict the use of glyphosate in Harm in NZ Workplaces, a joint ACC/ public places. WorkSafe Plan.

It is estimated that these risk factors are 28 June 2016 – Spray-Free Streets meet with responsible for 76 fatalities per year. This Mayor Len Brown to present petition and represents approximately 11% of the burden ask for glyphosate to be removed from all of work-related disease. Approximately 63% public areas. Georgina Blackmore is of agriculture and fishery workers report being accompanied by Distinguished Professor exposed to pesticides at work. Bruce Baguley of the Auckland Cancer Research Centre, Auckland University, and 7 July 2016 – Regional Strategy & Policy WMA’s Hana Blackmore. Mayor does not Meeting - presentations expressing concerns allow Professor Baguley to speak, but the about the annual plan budget cuts and the Professor informs SprayFreeStreets that in resulting continuation of chemical edging in his opinion parks against Policy.

“New Zealand should follow the Netherlands  SprayFreeStreets petitions are formally example in banning the use of Roundup for presented to Council with a plea that its the control of weeds on municipal areas such message is heard from the thousands of as footpaths. These pose a particular signatories. exposure risk for children.”  The WMA presents detailed costing

charts and asks for consideration for JUNE 28 2016 – EU EXTENDS GLYPHOSATE removing vegetation control from AT and LICENSE FOR ONLY EIGHTEEN MONTHS AFTER returning to direct contracts with parks to FAILING THREE TIMES TO SECURE A MAJORITY enable multimillion dollar savings. DECISION OF MEMBER STATES TO REAPPROVE IT.

35

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

 Friends of Sherwood present damning waste time, energy and scarce resources in a health documents and plea for health to review and trying to fix a policy that is not be the major factor in decision-making. broken.  Hibiscus and Bays Local Board chair expresses LB concerns about the drop in 8 July 2016 – Mayor should ban, not review, service standards without proper toxic spray use – Green Party Press Release. consultation with the community and the Steffan Browning MP, pesticides spokes- adoption of the lowest chemical person says the Mayor needs to implement standards. the weed policy. “The mayor’s review won’t  Waiheke Local Board written submission be worth the paper it’s written on unless it supporting the petition and presentations recommends the city goes completely toxic at the RSPC meeting and the Policy vision spray-free.” and continuation of non-chemical

methodology on Waiheke. 11 JULY 2016 – EU GOVERNMENTS SUPPORT A Mayor Brown intervenes at end of meeting PROPOSAL TO BAN ALL WEEDKILLERS and announces he is going to have a formal CONTAINING BOTH GLYPHOSATE AND A CO- review of the Policy and immediately puts FORMULANT POEA24 out a press release.

7 July 2016 – Mayor Brown press release 12 July 2016 – Glen Eden cycleway sprayed announcing review of the Policy as Auckland Council drags its feet over finalising a MOU25 document for the local “There is some community concern about the community to maintain it spray free. use of glyphosate and our current policy is not Assurances had been given that spraying as clear as it could be … As a responsible would be on hold while the MOU was being council we need to respond to that concern finalised, but this was the second time it had while still controlling weeds in the most appropriate ways possible … I am sure those happened. The LB would follow up. who have signed the petition will welcome the review and the opportunity to take part in the 14 July 2016 – Watercare shut down process” says Mayor Brown. Wellsford water treatment plant due to detection of phenoxy herbicide MCPA in 7 July 2016 - Call for Mayor to stop use of both raw and treated water on July 11. The chemical sprays – Press Release from Medical officer of Health, Mayor, Local Councillors Watson and Walker after heated Board, media immediately notified. Draining exchanges at the RSPC meeting. They and flushing was undertaken to remove the condemn dramatically increased use of contamination and tankered water imported glyphosate across the region, saying policy is to supply customers. The herbicide was meant to minimise the use of chemical sprays below detection limits after a week of … “we don’t need to change the policy. We sampling. The source of the MCPA was not do need to change the practice.” discovered. See Board minutes of 31 August and 29 Sept 2016 meetings for details. 8 July 2016 – Auckland Mayor Len Brown throws Policy to the Wolves - WMA media 18 July 2016 – Resident offers to fund non- release accuses Mayor Brown of discourtesy chemical roadside vegetation control in a in having a pre-prepared plan and failing to critical area around their home. A quotation listen to anything anyone said at the RSPC meeting. WMA says it is hugely frustrating to 24 Polyoxyethylene tallow amine 25 Memorandum of understanding 36

History and timeline of Auckland’s use of chemicals for weed management & vegetation control is obtained from a contractor who is willing developed, and still valid, that clearly to treat the roads to AT specifications. The demonstrates that vegetation control with offer was declined on 8 August 2016 by AT agrichemicals is not best practice and should for the following reasons: cease.

 AT is responsible for weed control in the road WMA Informed that material should not have corridors around Auckland been sent to members ‘directly’ and told to  AT has a contractual commitment with a re-submit via a Council “Weeds” email supplier to carry out weed control activity on address for consideration. Re-sent 31 July our behalf. The contract ensures that those and followed up on 8 August asking for carrying out the weed control activities are confirmation that material had been fully aware of and comply with any circulated to members. No acknowledgement associated health and safety requirements or response ever received. when working in the road corridor. NOTE: Under Conflicts of Interest in the  The out-sourcing of any weed control activity August minutes of the BPRG it is noted that (including funding) outside of AT’s existing their role was to contractual arrangements is likely to result in a significant financial and reputational risk to … provide technical advice and give objective AT, particularly if the work is not completed advice and inform informative [sic] advice to required standards. rather than receive community input. The avenue for community groups is through open  The administrative costs associated with forum at committees and LB meetings. entering into ad-hoc arrangements for the provision of these services will also be Ironically, the minutes also record members significant. being asked to send any documents (either NZ or overseas) that provide guidance on 19 July 2016 – Berm maintenance to return integrated weed management or as weed to Council? Update on the new Project 17 management policy. Facilities Maintenance Contracts Renewal to the Tenders and Procurement Committee, notes mowing will include berms. No indication if all AT vegetation control will be 28 JULY 2016 – SHETLAND ISLANDS COUNCIL relinquished as proposed by the WMA. See 7 DECIDES TO USE HOT WATER WEED CONTROL FOR WEEDS INSTEAD OF GLYPHOSATE June 2017 entry.

Council cites the weather elements including 28 July 2016 – WMA emails BPRG members more than 250 days of rain each year, as via ‘community representative’ Dr Meriel limiting the use of chemicals. The Executive Watts for their meeting looking at the scope Manager of Environmental services says the of Mayor Brown’s review of the WMP. new system increases productivity and saves Express the concern that the BPRG are time as it can be used in wind and rain as well working from scratch with no background as benefiting from a dual purpose of being knowledge of the best practice roadside able to power wash at the same time, vegetation control that is the prime concern reducing the need to have to revisit the area. of the petitioners - not weeds. Hope they 26 He notes that not using chemicals in any form would look at the attached documents reduces the risk of contaminating waterways which they may not have seen which shows and effects on pets and wildlife. the comprehensive policy previously

26 Auckland City weed management Policy 1999, and original copy of the Operational Review 2013 37

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

1 AUGUST 2016 – THE EUROPEAN COMMISSION 11 AUGUST 2016 – NZ EPA REPORT MANDATES EU GOVERNMENTS TO BAN CONCLUDES GLYPHOSATE IS UNLIKELY TO PRODUCTS CONTAINING BE CARCINOGENIC

THE CO-FORMULANT POEA.

The NZ EPA press release notes that it See 16 August 2016 entry for NZ EPA and commissioned the report amid ongoing Government response. public unease about its impact on people and the environment. The acting general August 2016 – SprayFreeStreets commences manager says “The review confirms the EPA’s campaign to contact all the candidates in long-held findings that at the present time the 2016 Auckland Council elections asking glyphosate – with controls – is safe to use.” them to state their position on the issue of removing glyphosate from public places. As NOTE: The report is not a reassessment of the responses come in, they publish the glyphosate or the actual formulations that results on their website for people to access people are currently exposed to – form- and inform their vote. ulations that almost certainly include POEA, now banned in Europe. See following entry August 2016 – OIA request to Auckland and 12 October 2016 for NZEPA view that Council from SprayFreeStreets for “there is not sufficient evidence to warrant a information about weed and vegetation reassessment.” control complaints, number of properties on the no spray register or removed from it, are 16 August 2016 – Govt should follow EU and all refused either because council does not ban toxic herbicide ingredient – Press hold records for the past six years or the Release from MP Steffan Browning calls on information cannot be made available the Government to ban POEA after written without substantial collation or research. questions to the Minister for the Environment reveals it is in almost 90 products sold in NZ including 69 glyphosate-

9 AUGUST 2016 - ITALY’S based herbicides. The Minister refuses to name the products. MINISTRY OF HEALTH RESTRICTS GLYPHOSATE USE. NOTE: The WMA understands that

Auckland’s BPRG recommends glyphosate- Bans put in place on its use in public areas based herbicides containing POEA are NOT and those frequented by children or the used. To date this remains unverified, as elderly, including schools, health facilities, nothing is noted in minutes or agendas parks, gardens, playgrounds, roadsides and obtained under OIA. railways, and on sandy soils vulnerable to leaching into groundwater. The Ministry also 26 August 2016 – Report to approve the bans all glyphosate products containing scope of the Weed Management Policy POEA.27 Review published. It requests the Chief NOTE: the names of all the products Executive to undertake a review of the WMP containing POEA was also published by Italy’s and report back to the relevant committee, Ministry of Health but the NZ Minister for the by mid-2017. The Report is on the agenda Environment will refuse to name the for the 1 Sept meeting of the Regional products. See 16 August 2016 entry. Strategy and Policy Committee.

27 Polyoxyethylene tallow amine 38

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

31 August 2016 – SprayFreeStreets hold a 2 September 2016 – AGM of the Ellerslie Glyphosate Awareness Day outside Auckland Residents’ Association pass a no chemical Town Hall. Demonstrations, information spray resolution … “That this meeting resolves table, petitions - attended by a Member of that the 30 year old legacy ban on the use of Parliament and local Councillors. chemical sprays in Ellerslie on the roads, verges and in the sportsfields be continued and only non- toxic vegetation control methods be used. 1 September 2016 – Councillors reject the Mayor’s proposed Weed Policy Review in The resolution, passed by some 55 members favour of properly implementing the current attending, (one dissenting voice) is submitted policy. They also express their unanimous to the Orakei LB. (See entry 8 December concern to incoming Council about the use of 2016) glyphosate in public areas. Support delights the public who attend the meeting. Half a dozen detailed and passionate public forum SEPTEMBER 2016 COUNCIL CLOSES DOWN presentations had been made asking for the FOR LOCAL BODY ELECTIONS TO BE HELD ON review to be rejected and a moratorium on 8 OCTOBER 2016 glyphosate use in public places. Strong support speeches from a number of councillors. Presentations by: 28 September 2016 - Fatty acid, hot water treatments contain around 5/10% of  Steffan Browning, Green Party MP and, glyphosate in them notes the minutes of the spokesperson for organics, pesticides, GE, Project Operational Working Group. food safety and biosecurity To date, no further information on this  Hana Blackmore for the WMA cryptic note.  Fiona McKee, community of Michael Park School Ellerslie

 Children from Michael Park School 10 OCTOBER 2016 – PESTICIDE ACTION Ellerslie reciting their own poem NETWORK (PAN) INTERNATIONAL RELEASES A  Julian Bartrom local businessman from COMPREHENSIVE NEW REVIEW OF Ellerslie GLYPHOSATE.

 Waitakere Local Board members Neil Environmental and health advocates say the Henderson and Saffron Toms. monograph should serve as a wakeup call for

There is strong support from councillors for a regulators, governments and users around total moratorium, but amendment is rejected the world. for technical reasons - cannot commit an incoming council to expenditure. (Local 12 October 2016 – WMA Media Release government elections take place in October). welcomes the publication of the up-to-date scientific review of glyphosate. Lead author 1 September 2016 – Former Auckland of the Monograph - Auckland and WMA’s Dr Transport manager sentenced to home Meriel Watts - says the time has come for detention for his part in the SFO bribery and global recognition of the widespread harm corruption case. Barry George had expressed caused to people and the environment from concern to AT in 2013 about a roading the constant use of glyphosate. contractor, but after the SFO were brought in he admitted his part in the case. His two co- 12 October 2016 – Questions in Parliament defenders were later found guilty. (See to the Minister for the Environment reveal December 9 2016 entry). that the government would not instruct the NZ EPA to objectively reassess the full 39

History and timeline of Auckland’s use of chemicals for weed management & vegetation control formulations of glyphosate products that crimination closed after mediation fails to contain a highly toxic co-formulant POEA that resolve the complaint against Auckland has being banned in Europe. Minister says he Transport and Auckland Council. Council has been advised by the EPA that there is not lawyers say they do not believe further sufficient evidence to warrant a mediation would be productive after reassessment. rejecting the complainant’s proposal for resolution. 12 October 2016 – Green Party Press Release Weedkiller puts Kiwis’ health at risk, 18 November 2016 – A Local Board Chair but you won’t even know you are using it. forwards to WMA a Council Memo sent to Steffan Browning MP says that the NZ EPA all Local Board chairs which provides an doesn’t even require companies to publicly update on the current practice for weed disclose to consumers that a dangerous management in parks and the road corridor. ingredient, POEA, is in its products, and the WMA is disturbed that the memo notes that Government has refused to name them, changes in weed and vegetation control claiming the information is commercially methodology, which are totally non- sensitive. compliant with the WMP, are already being implemented via new contracts which will October 2016 – SprayFreeStreets and come into effect before the Governing body Michael Park School campaign meeting reconvenes in the New Year. The WMA agrees post-election task is to empower local embarks on a series of requests to speak to residents to approach their Local Board prior the Governing Body about the fact that the to Annual Plan considerations asking for their WMP cannot be implemented if funding support for two resolutions: provision is not made available.

1. To be free of all chemicals in public places in their LB area, and 21 November 2016 – Briefing for Mayor Goff 2. To request of Council that in its 2017 Annual from the Director of Infrastructure and Plan it makes full regional financial provision Environmental Services, outlining current for the total replacement of glyphosate with issues associated with weed management nonchemical methods for weed and and vegetation control in Auckland. A vegetation management in all public places disturbing number of inaccuracies and across the city. misleading information is provided. Steffan

Browning MP responds with detailed critique NOTE: All 21 Local Boards subsequently 28 receive deputations, the last in March 2017. and comments of the briefing for discussion with Mayor Goff at his meeting with him in the New Year. (See entry 26 Jan 2017) 15-16 OCTOBER 2016 – THE MONSANTO NOTE: Information not received until 21st TRIBUNAL TAKES PLACE IN THE HAGUE. December 2016 under OIA. THIS IS AN INTERNATIONAL CIVIL SOCIETY

INITIATIVE TO HOLD MONSANTO 24 November 2016 – URGENT OIA request ACCOUNTABLE FOR HUMAN RIGHTS sent to Auckland Council for copies of the VIOLATIONS, FOR CRIMES AGAINST new full facility and ecological contracts HUMANITY, AND FOR ECOCIDE. tender specifications, the service level See outcome 18 April 2017 standard and regional baseline service level, and copies of all proposed weed 26 October 2016 – Second Human Rights management changes that are currently Commission case of alleged disability dis- 28 unpublished 40

History and timeline of Auckland’s use of chemicals for weed management & vegetation control being implemented. Minutes and notes of issue and the “appropriate” committee to the implementation Project Group and deal with it. See 9 December 2016. council advisory groups also requested. 7 December 2016 – WMA request lodged for NOTE: Not supplied until 21 December 2016 speaking rights to Finance committee after holiday closedown. Minutes provided, meeting on 13 December to address the but all information regarding contracts etc. Annual Plan and the need for regional refused. funding to implement the Weed Policy.

28 November 2016 – Local Boards continue 8 December 2016 – Deputation of residents to spend their own funds to keep their parks to Orakei LB requesting non-chemical chemical free. Chair of the Devonport- vegetation control in the LB area. Speakers Takapuna LB is reported as saying the LB are include Michael Park school representative annoyed with council for using chemicals as Fiona McKee, TAG secretary Leonie Bartrom, the default position. “We’ve always had a SprayFreeStreets representative Julian history of endeavouring to be chemical free.” Bartrom and Distinguished Professor Bruce Toxicology academic, Professor Malcolm Baguley (Auckland Cancer Research Centre) Tingle is quoted as saying that glyphosate had the second highest carcinogen rating and speaking to his involvement with IARC and the glyphosate assessment. The Professor that “If it’s a probable carcinogen then, realistically, everyone should try and minimise warns that exposure of populations to a low their risk by minimising their exposure.” (North dose of glyphosate over a long time Shore Times) represents a more significant risk than a high dose for a short time. Prof Baguley urges the Council to adopt non-chemical policies. 29 November 2016 – WMA request a speaking slot at the Finance & Performance Edgar Henson of Ellerslie Residents’ Committee to speak to the Annual Plan Association presents their AGM resolution to process. Rejected as the required one clear maintain Ellerslie’s ‘no-chemical’ status. days’ notice not given. Referred to next Orakei LB request that officers report to the meeting on 13 December when the Mayor’s Board’s February 2017 meeting on the proposal on items for Annual Plan public question of extending the 30-year legacy ban consultation are agreed. that existed in the Orakei LB area, including analysis of the cost effectiveness of 2 December 2016 – WMA request a alternatives to chemical spraying. speaking slot at the Environment & See: 16 March 2017 Entry. Community Committee about implement - ation of Council’s 2013 WMP. Request is 9 December 2016 – Denial of WMA request rejected as “the item is not on the agenda” to address the 13 Dec Finance Committee on but will be considered for a future meeting the need for funding in the Annual Plan to when it IS on the agenda. WMA ask for re- implement Policy because: consideration as the fact it is not on the agenda is the reason to speak, because Policy  The policy was considered and adopted by the cannot be implemented later if funding previous council, and it’s in its implementation provision is not made now. phase which is now delegated to officers for implementation. WMA subsequently informed that after a  The annual plan consultation will take place “long meeting” the Chair and Deputy Chair early next year and [WMA] can submit during had agreed the request should go to the that process period. Finance Committee as it was a “funding” 41

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

 The Environment & Community Committee city, with the imposition of a chemical chair had advised WMA that they will baseline service. reconsider the request when the item is considered by that committee at a future 13 December 2016 – Appeal sent to Mayor meeting. Goff for speaking rights at the final NOTE: Matter IS discussed and there is Governing Body Meeting of the year on 15 extensive debate on this issue at the December as all requests in the previous two December 13 Meeting. weeks for speaking rights to bring critical information to Council’s attention, have been 9 December 2016 – Auckland Transport turned down. The WMA deeply concerned Corruption Case – guilty verdicts in NZ’s about irreversible changes that would longest running bribery and corruption case. invalidate and negate lawfully adopted Judge finds the Serious Fraud Office case policy. The WMA’s Response to the LB Weed proved that senior AT Manager, Murray Management Update Memo is attached and Noone accepted $1.2million in sham the email copied to all councillors. consulting payments from Projenz which were connected to his role administering NOTE: Speaking rights declined because:

council roading contracts. Sentences of 5 and “A speaker may not use the time allocated for 6 years handed down to Projenz director public input to speak about a matter that has Stephen Borlase and Noone in February a separate public hearings or consultation 2017. process attached to it – as the issue of glyphosate and weed management is likely to 10 December 2016 - WMA publish response be an issue discussed by elected members and to the November 15 Weed Management consulted on publicly as part of the Long Term Plan next year, so it would not be appropriate Update Memo sent to all Local Boards. It is to have public input on this matter as part of considered no coincidence that the memo the Annual Plan.” has been sent as residents have started requesting support from their Local Board for 13 December 2016 – Finance Committee funding the implementation of nonchemical Meeting - Councillors Watson & Walker try weed and vegetation control. The WMA to add a proposal to the items for public details the inaccurate and misleading consultation in the Annual Budget to information and emphasises that operational introduce chemical free weed control in changes are being implemented now without urban public parks and reserves, but lose by 7 any oversight, consultation or agreement votes to 11. Councillor Hulse, Chair of the with any Local Board or Council Committee, Environment Committee then moves an let alone the public. amendment, which is carried, to instead endorse glyphosate reduction targets within 11 December 2016 – Copy of WMA Memo the current budget and recommend a review Response sent urgently to LB Chairs as WMA and consultation of allocated funding to take learn the Council Update is on the agenda of place through the Long Term Plan process. their meeting with officers the following day. Warns members that it is what the Director is Auckland Transport’s Chair and CEO also in not telling them that is the critical factor. attendance and are questioned about the WMA emphasise that changes are being matter and if they have “any mood to reduce implemented that would see the dismantling the use of [glyphosate] given the public 29 of all nonchemical vegetation control concern.” CEO responds:

operations on streets and roads across the

29 Question from Cllr. Cath Casey 42

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

Our spray programme is in line with the Auckland, the need for full regional funding council’s sprays and we work entirely in for the total replacement of glyphosate, the conjunction with them so we’ve got a joined lack of explanation for Auckland Transport’s up position on that and if there’s a need to inflated costs and a proposal that a move we’ll move with council. symposium be held to enable councillors to Chairman Dr Levy adds: hear from non-industry experts. Cllr Hulse says they will be moving to reduced use of So, we have done extensive research on this glyphosate. whole matter and we provided all of that to council. If there’s to be a change of the Weed NOTE: Julian follows up with feedback emails Management Plan we would respond to that over the next few months to Mayor Goff and … so really we just wait and see, ah, whether Cllr Hulse seeking clarifications and answers council wishes to change the WMP and we but with limited success. (See entry 22 would move with that. I guess any significant change in WMP would require alterations in December 2016) budget allocations. 16 December 2016 – Memo from Director of 14 December 2016 – WMA appeal to Mayor Infrastructure & Environmental Services Goff to reconsider his denial of speaking sent to Mayor, Councillors and all LB rights for the last meeting of the year. Note members giving a ‘brief update’ on that the WMA are raising a valid and lawful implementation of Council’s WMP and issue about changes to operations that if specifically how weed management will be implemented over the summer recess will treated in the new community facilities invalidate the adopted Policy. WMA is only contracts. The document confirms the fears seeking to ensure that Policy can be of WMA that the new contracts have been implemented and funded in the New Year. designed to “reflect the objectives of the WMP” only - not incorporate, implement and Request declined once again as “the Mayor’s comply with them as required. 30 view is unchanged” and: NOTE: Memo not received by the WMA until

… particularly in the light of the Finance and 20 December from a Councillor. Performance Committee resolution yesterday that the issue should not be part of the Annual 16 December 2016 – the National Business Plan and should be managed by the Review (NBR) publishes a damning Special Environment & Community Committee in the Investigation of the roading industry after short-term and the LTP going forward. I the AT bribery and corruption guilty verdicts. recommend that you request speaking rights The four page report of “Roading Industry’s at the next Environment & Community Rotten Underbelly” details the experience of Committee … contractors in Auckland, with bullying and NOTE: To date all requests to the Chair of corrupt practices rife. It is reported that the Environment Committee to raise this many in the industry fear repercussions if subject and the question of the WMP and its they speak out. implementation have been rejected. “If you start even being a hint of a rat, you

won’t get a sub-contracting job. It’s just like 14 December 2016 – Mayor Goff and Cllr Hulse meet with Ellerslie businessman Julian 30 “Include all weed management policy objectives Bartrom (SprayFreeStreets) Fiona McKee within weed management and/or vegetation control Michael Park School and Dr Meriel Watts on contracts by reviewing and amending contracts where their health concerns about glyphosate. A appropriate. This will include incorporating best practice methods into all weed management and/or number of issues are raised including the vegetation control documents and contracts.” (Action long history of non-chemical management in 2e of WMP – pp 17) 43

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

the bloody mafia. A lot of people would like 26 January 2017 – Mayor Goff pulls out of a to say something, but they’re scared stiff.” meeting with Steffan Browning MP at the

Veteran engineers say the case has only last minute and Cllr Penny Hulse, Chair of the scraped the surface of the dirty dealings. Environment Committee substitutes. Browning’s request that implementation of 21 December 2016 – OIA response on the WMP be on the agenda of the first specifications and operational changes Environment Committee meeting is refused. received – all information on specs for contracts and service levels are denied 10 February 2017 – WMA request speaking because Council specifications are considered rights to Environment Committee Meeting commercial information, and it was on 14 February on agenda item “Appoint- necessary to withhold them “to carry out ments to Auckland Council’s Weed negotiations without prejudice or Management Political Advisory Group.” disadvantage”. Of concern is that the NOTE: only granted after the Environment response confirms it is the 2015 Operational Chair extracts an undertaking from the WMA Review that identifies the changes to practice that they will not stray from the item. The that are expected to be captured in the new Chair makes it clear there is to be NO debate maintenance contracts … and once again in about the Policy or its implementation. the following description of these changes there is no mention of the recommendation 14 February 2017 – WMA Presentation to to standardise all road corridor vegetation Environment and Community Committee on control with chemicals. the formation of the weed management Political Advisory Group (PAG). The re- 22 December 2016 – Cllr Hulse, Chair of the establishment welcomed but three pleas Environment & Community Committee tells made to the committee: SprayFreeStreets’ Julian Bartrom that she sees no benefit to him addressing the 1. Reconvene it as originally envisaged as a Committee until they have a report back on governance group not a political group. There the actual costs of the different forms of is a difference. 2. Operate the Group not as an internal group weed control. This was in response to but as a Forum-style committee open to the Bartrom’s request to have this topic put on public and able to take public input and the agenda for debate and public input prior submissions. to the LTP process after Mayor Goff in a 3. Membership needed to be expanded as not letter to him rejects a symposium, saying: complying with Policy advice – needs to be better balanced with additional LB members. I believe the LTP provides the community as well as various experts with the opportunity to This was an “information only” item with no express their views on the issue … decision making, but councillors make their views known particularly over the exclusion

31 DECEMBER 2016 – FRANCE BANS PESTICIDES of previous member Cllr Walker from the IN GREEN PUBLIC SPACES, AND NON- group. Chairman Hulse was not prepared to PROFESSIONAL GARDENERS WILL NO LONGER discuss these matters but said the BE ABLE TO BUY PESTICIDES OVER THE consideration of WMA suggestions should be COUNTER. on the agenda of the first meeting of the

PAG. The ban covers all public forests, parks and gardens. The new law will also prohibit 21 February 2017 – Auckland Transport (AT) pesticides in private gardens from 2019. denies they sprayed a school bus-stop 44

History and timeline of Auckland’s use of chemicals for weed management & vegetation control environs and advises complainant someone We have investigated the issue raised by else must have done it. They tell complainant yourself and are confident that the contractor any person can maintain berm areas that are sprayed according to the guidelines for use owned or not owned by them as they see fit and that there was no health and safety risk to “including the use of chemical pesticides - there is park users. no legislation in place that forbids this activity.” 2 March 2017 – WMA are stunned at the NOTE: This completely contradicts previous response to the park spraying incident and AT letter to the same complainant who was write immediately to the Mayor asking if he seeking permission to use nonchemical is happy with this bureaucratic ‘cut and treatment on the roadside but was rejected. paste’ response. (See entry 18 July 2016). … what is this all about, when any reasonable and thoughtful response from officers to 24 February 2017 – A Waitakere Reserve is protect our most vulnerable, as we already do sprayed even though contractors had been in playgrounds,31 would be to take a alerted to a Music in the Parks event the precautionary approach and simply ask all next day. A grandmother is horrified after contractors to suspend any chemical spraying contractors had promised they would not before these events? spray (and didn’t) to then discover that another contractor had used chemicals only The WMA believe this matter is serious and hours before barefoot children were playing urgent and ask that action is taken. and sitting on the grass. Council staff refused NOTE: To date, no advice has been received to allow her to make an announced warning. that anything was done.

1 March 2017 – WMA writes urgently to 4 March 2017 - Social media alerts sent out Auckland Council CEO and copied to the about the spraying of events’ grounds with a Mayor and Councillors about the Waitakere list of upcoming venues. It is recommended Reserve spraying incident asking that Council that people ask their local parks contractors staff urgently advise Parks and contractors not to spray the parks, or post no spray that no chemical treatment should be carried requests on the events’ Facebook pages. out in parks hosting these events for at the very least 7-10 days beforehand - noting that 6 March 2017 – Mayor acknowledges there are another 14 music and children’s WMA’s Park spraying request and says the movie events still to take place that Spring. Chair of the Environment Committee, Cllr, The CEO responds immediately advising he Hulse, will be responding to the WMA has asked the Director Infrastructure & concerns as soon as possible. Environmental Service to look into the matter NOTE: To date, no response received. with some urgency.

7 March 2017 – Silverdale Primary School 1 March 2017 – The General Manager, sprays field – contractors fail to follow Community Facilities, responds to the Park procedures. Fencing was not put up and spraying incident saying the EPA has notices that spraying was taking place were approved glyphosate for use in NZ and that not posted. As a result a number of children both Council and Auckland Transport are went on the field whilst it was still wet. satisfied their use of glyphosate fully Reports of children suffering from rash, complies with all the requirements of NZS 8409:204. 31 Nonchemical methods are used for weed control in all children’s playgrounds. 45

History and timeline of Auckland’s use of chemicals for weed management & vegetation control coughs, vomiting, tiredness, aching joints and she will not have a debate on the glyphosate red eyes are being collected by the school. issue:

NOTE: see 18 March 2017 entry for a second … we’ve got a weed management and incident. herbicide reduction working party that we will hopefully get up and running soon – and 7 March 2017 – Ellerslie TAG commences certainly hear from our community the dialogue with AT Engineers and street concerns about glyphosate – we just need to look at some practical ways to deal with that – spraying contractors over notice to spray so councillors I see that Cllr Watson – I don’t streets in Ellerslie which has a thirty year old want us to have the well-trodden and much 100% nonchemical policy which AT denies. discussed glyphosate issue because we all TAG is told that: know where we’re going with that so genuine

 AT is a legal entity and can develop its own questions.

policy – they haven’t adopted Council’s Cllr Watson: “Let’s not say anything about Policy. glyphosate even though it was in the  AT’s policy, which has been approved by the presentation.” Board, allows up to 5% glyphosate added to

the ‘organic’ fatty acid spray, Biosafe.  Contractors and engineers maintain they have to follow policy as directed and are 14 MARCH 2017 – REPORT OF THE UN SPECIAL convinced legacy policy allowed 5% to be RAPPORTEUR ON THE RIGHT TO FOOD added to the mix. PRESENTED TO THE UNITED NATIONS HUMAN RIGHTS COUNCIL  Suggest if proof was supplied of Ellerslie’s nonchemical status they would take it to the The Special Rapporteur Report calls for a ‘boss’. global legally binding treaty to regulate Unsatisfactory responses result in OIA hazardous pesticides throughout their life requests to AT commencing 21 March 2017. cycle, taking into account human rights principles. The report concludes that while

there is no shortage of legislation and non- 13 MARCH 2017 – CALIFORNIA WINS COURT binding guidelines, such instruments are CASE AGAINST MONSANTO AND WILL GO failing to protect humans and the AHEAD AND LABEL GLYPHOSATE AS “KNOWN environment from hazardous pesticides, and TO THE STATE TO CAUSE CANCER”. generally fail to effectively apply the precautionary principle. It notes the pesticide 14 March 2017 – Environment Committee industry wields extraordinary power over Chairman shuts down glyphosate debate global agrochemical research, legislative after presentation on Water Quality, Toxins initiatives and regulatory agendas, and that and the Environment by Berthine Bruinsma of the latter are under strong pressure to River Group. Bruinsma raises question of the prevent or reverse bans on hazardous water quality in the urban catchments and pesticides. Over twenty recommendations. the effect of roadside spraying with glyphosate, with up to 24% run-off from the 15 March 2017 – SprayFreeStreets’ Julian hard surfaces entering the water and Bartrom requests a public forum slot at the persisting in sediments. Asks that Council Environment Committee in April to present apply the precautionary principle and not the findings of talking to all the 21 Local expose people to this chemical. Before taking Boards on the issue of chemical spraying of questions the chair Cllr Hulse, makes it clear the streets and parks. “It is of great relevance

46

History and timeline of Auckland’s use of chemicals for weed management & vegetation control for all members of the committee to hear our 20 March 2017 – Urgent OIA request sent to findings.” Auckland Transport for copies of the weekly/

Cllr Hulse, Chair of the committee, declines monthly spray schedules for the North East the request under Standing Order 7.7 contract listing vegetation control treatment used on each street since the New Year. For the reasons that chemical spraying is not scheduled for the April agenda and that parks In April, two days after the response is due, are under the delegation of Local Boards, AT advise that a further 10 days were however I will be in contact again when this required to process due to addressing issue is scheduled for the committee’s maintenance issues arising from the recent consideration at a future meeting. weather events. See 21 April 2017 entry.

16 March 2017 – Orakei LB meeting - Report 21 March 2017 – OIA request to Auckland from Auckland Council’s Mike Tucker, head Transport from TAG Ellerslie asking for a of Health & Safety on the agenda in response copy of the policy “that has been approved to the weed spraying resolution of 8 by the Board” which allows the weed spray in December 2017. LB resolves that: the Auckland Ellerslie area to be a mix of 5%

Given the proposed Community Facilities glyphosate by volume added to the contracts are now moving to reflect the Biosafe/fatty acid. See 13 April 2017 objectives of the Auckland Council’s Weed response. Management Policy [the LB] withdraw its NOTE: As detailed by TAG in a comprehensive request for speaking rights at the Strategic analysis of AT communications on this matter Procurement Committee. to Dr Levy on 9 May 2017, there will be 14 See 7 April 2017 entry. communications concerning the request for information on authorisation for adding 5% 17 March 2017 – Rodney politicians say glyphosate to the Biosafe mix. As at July investing in a roading contractor caught up 2017 no proof has been provided. in the SFO Bribery and Corruption case is inappropriate. Witnesses at the SFO trial said 30 March 2017 – Finance Committee the Hiway Company provided Barry George, meeting update and decision making on the former Rodney RDC and AT manager Project 17 contracts which include full already sentenced for his part, with $250,000 facilities maintenance and management 32 worth of travel. The news report says the services. Julian Bartrom of SprayFreeStreets NZ Super Fund has defended its investment speaks to Finance Committee on concerns in Hiway Group, but Cllr Greg Sayers and LB that: member Colin Smith did not believe  the public want to be involved but have taxpayers should have a stake in Hiway. not been kept in the loop  there is continued misinformation from 18 March 2017 – Second spray incident at Council and unanswered questions about Silverdale Primary School. Field is sprayed at costings and alternative methodologies 7.00am, but a “staff member made a mistake  Auckland Transport vegetation control of telling the kindy that the field wasn’t operations are not included, and sprayed.” Principal and Board of Trustees  The need for the public to be involved apologise for the lack of communication and with what goes into the LTP process. say contractors have been contacted with the school communities concerns over the way Strong debate but many questions referred the field was sprayed. to confidential session where the contract decisions will be taken. 32 New Zealand Herald – 17 March 2017 47

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

2 April 2017 – TAG Ellerslie writes urgently inform TAG Ellerslie when they will be to AT Engineer about newspaper notice to spraying Ellerslie, nor confirm or deny spot spray in the Eastern Suburbs including whether glyphosate would be used. TAG had Ellerslie. Asks that an immediate instruction discovered via another channel the spray did is sent to the contractors that there is to be contain glyphosate on this cycle and no chemical spraying in Ellerslie. TAG demanded that Ellerslie’s nonchemical status includes documents of their nonchemical be honoured and contractors informed to status. cease using it immediately.

Response the following day ignores the The Regional Road Corridor Delivery Manager request, repeats AT are following policy and responds for AT later that day: notes it would be inappropriate for him to I can confirm that AT has continued to use the comment further because of the OIA request. same weed control methods and herbicides as See 4 April 2017 follow up. the legacy council organisations. This means that in the Central East area comprising 4 April 2017 – Urgent requests sent to AT Ellerslie glyphosate is periodically added to engineer from TAG Ellerslie asking to be Biosafe up to a max of 5% by volume. AT has advised exactly when Ellerslie is to be no intention of changing its operational sprayed, and whether the spot spray will be practices unless such direction is provided by Auckland Council. with Biosafe only or with glyphosate added into the Biosafe. When no response is NOTE: A conversation the following day with received a follow up email is sent on 7 April one of the street spray employees confirms 2017. they had sprayed Ellerslie two days previously. They had given all the details of 7 April 2017 – Concerned email to AT from what they planned to the contractor and TAG Ellerslie that spraying is getting closer were horrified at the treatment TAG had and no date or spray composition has been received. To date no official response has provided. AT response advises that because been received from AT or the contractor of of the complainant’s health concerns she spray dates or whether glyphosate had been could go on the no-spray register and be used that spray round. notified by phone. See 11 April 2017 outcome. 11 APRIL 2017 – ANCHORAGE ASSEMBLY, 7 April 2017 – ‘Comment’ commissioned by ALASKA USA, PASSES AN ORDINANCE THAT Ellerslie TAG from WMA on the weed and ESTABLISHES PESTICIDE-FREE POLICIES AND vegetation management policy in Ellerslie is RESTRICTIONS FOR MUNICIPAL PARKS, PUBLIC LANDS, GREENBELTS AND MUNICIPAL sent to Orakei LB. The Comment is in PROPERTIES INCLUDING SCHOOLS. response to the Auckland Council Memo to

Orakei LB on 16 March which says there is no Arising from a significant number of evidence or proof of adoption of the 30 year concerns, the Anchorage policy is designed to old no herbicide use policy. Detailed rebuttal protect the health, safety and general by WMA of all points. Recommends the welfare of the citizens and environment of transfer of all roadside vegetation control Anchorage. It includes a published list of responsibility from AT to Council, due to AT’s over 120 allowed substitutes. hostile attitude to non-chemical treatment. 13 April 2017 – Auckland Transport OIA 11 April 2017 – TAG sends urgent email to response to TAG Ellerslie request for a copy Chairman and CEO of Auckland Transport of the AT Policy which had been approved by about their engineer’s continual refusal to 48

History and timeline of Auckland’s use of chemicals for weed management & vegetation control the Board allowing 5% of glyphosate to be This will extend the bans already in place on mixed into the ‘organic’ product. Request for the use of GBH by private persons. The AT’s weed policy is “refused as the document decision is based on the precautionary alleged to contain the information does not principle and that alternatives are widely exist” and they do not have a policy which available that do not put human and stipulates the weed control methods and/or environmental health at risk. herbicides that can be used across the region. AT re-state their operational 1 May 2017 – A request to speak to the approach which is that they have continued Auckland Transport Board on weed spraying to use the same legacy methods. is refused. AT tells SprayFreeStreets Julian Bartrom they have undertaken numerous TAG responds the same day noting the investigations into this subject and “have question of 5% glyphosate being added to referred all investigation material to the Biosafe has not been answered. Request Auckland Council who are responsible for written proof of instruction allowing this, and determining the Weed Management Policy.” the point at which it started. See entry 5 They will not be receiving any presentations May 2017. on this subject at Board Meetings.

Supplementary material notes that they APRIL 18 2017 - MONSANTO TRIBUNAL continue to work with the council to:

VERDICT – FIVE INTERNATIONAL JUDGES FIND … deliver on the objectives of the Weed MONSANTO VIOLATES BASIC HUMAN RIGHTS Management Policy and provide best practice TO A HEALTHY ENVIRONMENT, AND THE RIGHT weed control practices. TO FOOD AND HEALTH.

5 May 2017 – Yet another Auckland 21 April 2017 – Complaint laid with the Transport Manager enters the Ellerslie Ombudsman about the lack of a reasonable glyphosate debate responding to TAG that response from Auckland Transport (AT) and the short answer of who approved the the delay in supplying urgent information addition of glyphosate to the Biosafe mix was about spray schedules for the North East that it is a specified practise determined by contract that had been requested in March. the legacy Auckland City Council to control A further complaint is laid in May with the pest weeds like nutgrass.

Ombudsman about the unreasonable and As previously stated, AT has undertaken a totally inadequate information finally review of our practises and in the absence of a received from AT. In spite of the intervention change in Council policy (or hard evidence of the Ombudsman, supplementary material around the use/non-use of glyphosate) those that was later supplied was still incomplete methods of control remain in place. and did not fulfil the original OIA request. A NOTE: See entry 31 May 2017 for additional request for confirmation that the information response. supplied was everything available and had not also been ‘overlooked’ was answered in 15 May 2017 – Complaint laid with the late May. See 30 May 2017 entry. Ombudsman by Ellerslie TAG about Auckland Transport’s non-compliance with legacy vegetation control policies in Auckland City. 28 APRIL 2017 – BELGIUM PROPOSES TO BAN THE PLACING OF GLYPHOSATE-BASED 24 May 2017 – Glyphosate suspected in HERBICIDES (GBH) ON THE MARKET FOR NON- sudden death of backyard bee colonies in PROFESSIONAL USERS BY END OF 2017. Auckland. A report in the East & Bays

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History and timeline of Auckland’s use of chemicals for weed management & vegetation control

Courier about suspicious and unexplained When AT assumed responsibility for street hive deaths in Howick and Botany shocks a vegetation management in July 2013 we registered beekeeper brought in to adopted the weed spraying processes and investigate. specifications of AC (including the above) without change. It’s basically like everything was working fine and then all of a sudden something happened TAG notes that while the specification is for a and there was no activity at all. 95% organic to 5% inorganic ratio it does not specify adding glyphosate to the Biosafe mix. Auckland Council’s head of Health & Safety 33 says the herbicides used for work in the NOTE: still unresolved at publication (July area are all approved by the EPA and are not 2017) toxic to bees. But Peter Alexander, Chief Executive of beehive management services 31 May 2017 - BPRG meeting to finally BeezThingz said he has received at least 10 review best practice vegetation control in reports of bees dying in Auckland this season. the road corridor is cancelled. The meeting He suspects a lethal combination of was to include an invited presentation of the herbicide, pesticide and fungicide might be to hot water methodology. blame. (East & Bays Courier 24 May 2017). NOTE: WMA understand no further meeting

date has been arranged for this subject to be 30 May 2017 – Auckland Transport respond discussed by the BPRG. to a third OIA request on the supply of road treatment schedules in the North East 7 June 2017 – Strategic Procurement Comm- contract area with a re-formatted copy of the ittee agree Auckland Transport’s current information previously supplied, but deny ‘streetscape’ service responsibilities for roads any further information. and town centres will be managed by We note that you have raised some concerns Community Facilities under the newly in regards to our Response and are seeking awarded Project 17 Contracts from July 1st confirmation on the accuracy of the 2018. It is noted that Auckland Transport information provided. AT considers it has responsibilities in this area cover the provided all the information it holds in regards following services: to your Request and does not hold information in regards to the confirmations  berm mowing you are seeking.  leaf fall AT say that any concerns now are forwarded  mechanical sweeping – kerb and channel to the Office of the Ombudsman so they may  footpath washing and gum removal seek an investigation or review.  bus shelter installation, maintenance and washing. NOTE: On 20 June 2017 the Ombudsman, Leo Donnelly, notifies that he will be NOTE: Weed and vegetation control not investigating the complaint. noted here. But see 15 June 2017.

31 May 2017 – Auckland Transport supplies 12 June 2017 – Documented evidence sent a copy of the Streetscapes East City – to AT Chairman Dr Levy by Ellerslie TAG Maintenance Specifications Principles for the confirming Ellerslie’s nonchemical vegetation 2009-2013 contracts for weed management control status and the 5% glyphosate in the Eastern CBD area, to Ellerslie TAG. protocol which was only ever designated for They note: spot spraying of nut grass.

33 Glyphosate, metsulfuron & organosilicone 50

History and timeline of Auckland’s use of chemicals for weed management & vegetation control

13 June 2017 – Auckland bee park sprayed with chemicals. A community that spent over a year developing a bee Pollinator Park in Grey Lynn is devastated after it was sprayed by AT in act of “eco-vandalism” says LB member Rob Thomas. The park was designed with a delicate eco-system of special plants to support the three hives as well as other pollinators like butterflies, insects and birds. Thomas said “even if “trigger-happy” contractors hadn’t directly sprayed the bees the habitat was still infected … killing plants would diminish their food source which was scarce in winter anyway.” NZ Herald 13 June 2017

15 June 2017 – Specifications for Project 17 maintenance contracts include “Streetscape Vegetation Control”. A North Shore resident alerts WMA to an LB item on Project 17 – Council Maintenance Contracts. Public Forum presentations are given to the Devonport-Takapuna LB on the 20th and Waiheke LB on the 22nd. Concerns expressed about the lack of clarity and why nonchemical weed and vegetation treatment is an “enhanced” not a standard service and who will be paying for it – local boards?

NOTE: This item is on all Local Board Agendas. Outcomes and decisions not available at publication.

This is not the end of the story. Even as this history and timeline was going to press up to date information was coming in and back stories were being clarified or validated as new documents come to light. But we had to finish somewhere.

As we noted in the opening, history is not static. We will update this timeline in the next few months. But for now …

TO BE CONTINUED

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History and timeline of Auckland’s use of chemicals for weed management & vegetation control

ABBREVIATIONS/GLOSSARY

ARC Auckland Regional Council BPRG Best Practice Reference Group CCO Council Controlled Organisation CEO Chief Executive Officer ECCHN Environment, Climate Change & Natural Heritage Committee. (Auckland Council 2013-16) EPA Environmental Protection Agency (USA) EU European Union FAO Food and Agriculture Organization of the UN HRIA Human Rights Impact Assessment HSE Health and Safety in Employment Act 1992 (repealed 2016) HSWA Health & Safety at Work Act 2015 JMPM Joint Meeting on Pesticide Management (UN) LB Local Board LGOIMA Local Government Official Information and Meetings Act LTP Long Term Plan MEP Member of the European Parliament NIWA National Institute of Water and Atmospheric Research NZEPA New Zealand Environmental Protection Authority OIA Official Information Act OR Operational Review PAG Political Advisory Group PAUP Proposed Auckland Unitary Plan PSGR Physicians and Scientists for Global Responsibility RCM Road Corridor Maintenance RDOC Regional Development and Operations Committee (Auckland Council 2010-13) RSPC Regional Strategy and Policy Committee (Auckland Council 2013- 16) SFO Serious Fraud Office SOI Statement of Intent WMA Weed Management Advisory WMP Weed Management Policy

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