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Home , Downcycling, Waste hierarchy, Waste minimisation

Trisia Farrelly and Laura Green

The Global Crisis how should New Zealand respond? he management of plastic is Abstract a global problem which currently The management of plastic waste is a global problem which currently Tlacks a global solution. Yet is a transboundary issue. lacks a global solution. As one of the highest per capita producers and their associated toxicants are found of waste in the developed world, New Zealand has a thousands of kilometres from source, key role to play in addressing the plastics crisis at multiple levels including at the bottom of the Marianas Trench, in Arctic ice, and in the cuticles of governance. This article analyses the various policy options of Amazonian insects. Indeed, scientists available to the New Zealand government and offers a series of are regularly discovering new vectors and recommendations, including prioritising policy and investment at pathways for the transboundary migration of macro and : they are the top of the (refuse, rethink, redesign, reduce and highly mobile in air and have been found ); linking plastic waste to toxicological risk and commitments in deep lung tissue (Wright et al., 2019); they raft invasive species and pathogens to carbon reduction targets; implementing global commitments vast distances across marine territories, domestically; and supporting a proposed international legally carrying persistent organic into binding agreement that captures the full lifecycle of plastics and food systems and posing biosecurity risks; and they are carried across geopolitical regulates the transboundary flows of plastic pollution. boundaries in the guts of birds, mammals Keywords plastic waste, New Zealand, , plastic and fish. Until recently, China imported and pollution treaty, waste hierarchy, , Waste recycled over half the globe’s post-consumer Minimisation Act 2008 plastics and , with New Zealand sending 15 million kilograms of waste to the country

Trisia Farrelly is co-director of Massey University’s Political Ecology Research Centre, a co-founder annually (Sage, 2018). However, in January of the New Zealand Product Stewardship Council, an executive committee member of the Aotearoa 2018 China enacted a National Sword Plastic Pollution Alliance, and a member of the United Nations Ad Hoc Open-Ended Expert Group on Programme banning imports of polyethylene Marine and Plastics (and its supporting scientific advisory committee). Laura Green holds an tetraphthalate (PET), polyethylene (PE), LLM in public international law from the University of Leiden and is currently studying environmental law at Auckland University. Her research interests include the environment and global governance, (PVC) and polystyrene particularly in the areas of ecotoxicants and . (PS), and setting much tougher standards for

Policy Quarterly – Volume 16, Issue 2 – May 2020 – Page 67 The Global Plastic Pollution Crisis: how should New Zealand respond? acceptable rates of contamination in unnecessary, toxic and avoidable plastic shipments of plastic (from 90–95% To overcome products (hereafter ‘priority plastics’), purity to 99.5%). The Blue Sky 2018 customs as well as disincentivising producers initiative then seized smuggled waste over the the reliance on from externalising the full costs of their next ten months. With recyclable materials exporting plastic products. Currently, these complementary subsequently stockpiling in New Zealand’s approaches cannot realistically exclude ports, and the government looking to waste, the ‘end of pipe’ () solutions alternative markets, by September 2019 some such as . However, any waste of the countries identified as emitting the New Zealand management options for single-use world’s highest volumes of waste into the plastics can only be considered short- to marine environment (Malaysia, Indonesia, government will medium-term investments and cannot the Philippines, Thailand and Vietnam) were be considered part of New Zealand’s receiving about 58% of New Zealand’s plastic need to take ‘ultimate suite of solutions’ to the plastics waste exports – a 22% increase since 2014 crisis. In addition, the government and (Beattie, 2019). significant private sector must avoid financial long- In March 2019, United Nations member regulatory term ‘lock-in’ for those waste management states, including New Zealand, agreed to an investments intended as short- or medium- amendment of the 1989 Basel Convention actions under term solutions which divert valuable on the Control of Transboundary financial capital and resources away from Movements of Hazardous and their the Waste solutions at the top of the waste hierarchy. Disposal. While the convention goes some To overcome the reliance on exporting way to addressing the transboundary flow Management plastic waste, the New Zealand government of waste via trade, plastic pollution will need to take significant regulatory transgresses geopolitical boundaries via Act. actions under the Waste Management Act. ocean and air currents, and no binding At present, New Zealand’s woefully low global commitment exists to address such waste disposal levy of $10/tonne (applying pathways. While several international to municipal only) has failed to agreements cover , including • focus on the top of the waste hierarchy; prevent a 48% increase in waste to the International Convention for the • avoid ‘false solutions’ that lead to over the last decade (Ministry for the Prevention of Pollution from Ships, 1973 financial, infrastructural and cultural Environment, 2019b, p.14) and the plastics (MARPOL​), the Convention on the ‘lock-in’ at the bottom of the waste economy remains almost entirely Prevention of by Dumping hierarchy and perverse outcomes; unregulated, save for a mandatory phase- of Wastes and Other Matter 1972 and the • implement policy that responds to the out of plastic microbeads in personal care Honolulu Strategy,1 they do not address link between plastics and climate and cleaning products (2017) and single- plastics entering the ocean from land-based change; use plastic shopping bags (2018). The sources. • demonstrate international leadership government must follow through with the In the November 2018 issue of Policy by implementing the January 2021 proposed increase and expansion of the Quarterly, Blumhardt outlined the policy Basel plastics amendment to the Basel waste disposal levy, a national container options available to the New Zealand Convention, and ratifying the Basel Ban deposit scheme that prioritises refill and government to unlock the potential of the Amendment; return over recycling, and regulated Act 2008 in addressing • support the call for an international, product stewardship schemes that focus on the waste crisis (Blumhardt, 2018). As one legally binding agreement to regulate the top of the waste hierarchy. Significant of the highest per capita producers of plastic pollution at the fifth United improvements in New Zealand data on household waste in the developed world Nations Environmental Assembly in volumes of plastic imports, as well as plastic (Kaza et al., 2018), New Zealand has a key Nairobi, February 2021. to landfill, offshore trade, carbon emissions, role in addressing plastic pollution and onshore recycling and environmental domestically, regionally and internationally. Prioritising the waste hierarchy leakage will also be needed to guide future Two years on from Blumhardt’s analysis, To address plastic pollution, ensuring long- policymaking, as acknowledged in the 2019 and with public awareness and action on term sustainable solutions through ‘zero Rethinking Plastics in Aotearoa New Zealand the plastic pollution crisis growing, this waste’ and ‘’ mechanisms, report (Office of the Prime Minister’s Chief article evaluates where progress has been greater attention needs to be paid to Science Advisor, 2019). made, and identifies gaps, particularly mechanisms at the higher end of the waste considering the developments set out hierarchy (see Figure 1). This includes Regulated product stewardship schemes above. The article puts forward the designing fossil fuel-based synthetic Under the Waste Management Act, following policy recommendations for polymers out of the economy where feasible the most effective tool available to New Zealand: and banning the production of disposable, government to drive waste minimisation

Page 68 – Policy Quarterly – Volume 16, Issue 2 – May 2020 and internalise externalities is product Figure 1: Europe waste hierarchy stewardship, through the power to declare certain products ‘priority products’. The ZERO Zero Waste Hierarchy WASTE Ministry for the Environment defines EUROPE product stewardship as ‘when people and businesses take responsibility for the life BEST USE Refuse what we don’t need and change the way we produce and cycle of their products, either voluntarily or Refuse/Rethink/Redesign consume by redesigning business models, goods and packaging in response to regulatory tools’ (Ministry in order to reduce resource-use and waste Minimise the quantity, and of Reduce and reuse consumption. Use products or components, that are not for the Environment, 2019a, p.7). Priority waste, for the same purpose for which they were conceived or products are those that are difficult and repurpose them for another use that doesn’t reduce their value Preparation for reuse Check, clean or repair products or components of products that have become waste so that can be re-used without any costly for consumers and councils to other pre-processing dispose of, and declaring them priority Recycling/composting/ High quality material recovery from separately collected waste streams products prohibits their sale except in Technologies to recover materials from and Material and chemical discards from sorting processes into new building blocks accordance with an accredited product recovery for high quality applications stewardship scheme. Such a declaration Residuals What cannot be recovered from mixed waste is biologically management stabilied prior to landfilling therefore triggers the compulsory Options that don’t allow for material recovery, have high Unaccept- environmental impact and create lock in effects that threaten development of a scheme designed to able the transition to Zero Waste: waste to energy , co-incineration, plastic to fuel, landfilling of non-stabilised regulate the products through a suite of waste, gasification, pyrolysis, , open burning potential policies, including reduction, WORST USE and littering reuse and recycling targets, mandatory Source: Simon, 2019 take-back schemes and deposits, advanced disposal fees, labelling, contribution to predominantly industry-led. The New resulted in US$1 billion dedicated over the research and development, and ‘right to Zealand Product Stewardship Council next five years to developing improved repair’2 provisions. strongly criticised this approach in its plastics recycling, the companies promise Regulated product stewardship submission to the parliamentary little that will tackle the source of the schemes have proven successful overseas. commissioner for the environment, (Un) problem. Hypocritically, in 2019 the In Canada such schemes have been changing Behaviour, in 2018 (New Zealand alliance’s founding companies are among established at the provincial level since the Product Stewardship Council, 2018). the world’s biggest investors in new plastic 1990s and now encompass 94 product Driving plastic product redesign to ensure production plants (Williams et al., 2019). categories. Not only has the move driven safe reuse and developing innovative Consequently, many charities from around and sustainable innovative delivery systems that do not require the world consider the Alliance to End design and technologies, but it has also disposable plastic packaging necessitates Plastic Waste a greenwashing stunt significantly raised diversion rates from major changes to the way most industries (McDermid, 2019). landfill (over 90% of tyres) (Ministry for currently operate, changes that only a The most powerful government the Environment, 2019a, p.22). Mandatory fraction of New Zealand industries have response is to create a level playing field regulation has also proven effective in embraced voluntarily. and compel industry to get serious about Europe by increasing recycling rates, with Some argue that while it is industry that implementing strategies similar tyre diversion rates (over 80%) produces plastics, industry have also been through regulation, a point emphasised by (ibid.). The EU Packaging Directive 94/62/ instrumental in investing more heavily in Ma, Park and Moultrie: EC is also credited with having successfully these solutions than governments have: for decoupled packaging production and example, by participating in the Ellen We are thus caught in a plastic disposal from economic MacArthur Foundation and UN packaging trap, where all stakeholders growth across the EU (EUROPEN, 2015). Environment’s The New Plastics Economy are waiting for others to act. Companies In contrast, New Zealand’s waste policy Global Commitment in October 2018, in won’t act without either legislative has emphasised industry-led and voluntary which businesses and governments pressure or consumer demand. waste minimisation measures. Despite the committed to a set of targets (Ellen Consumers won’t act whilst there are inclusion of the option in the Waste McArthur Foundation and UN cheaper solutions available. Management Act in 2008, to date no Environment, 2018). While this shows Governments are reluctant to intervene priority product has ever been declared. promise, the commitments are still in the market and impose solutions on New Zealand’s industry actors typically relatively weak, focusing on recycling firms. Whilst this impasse remains, resist regulation and advocate for voluntary rather than reducing single-use plastics. progress in eliminating plastic will corporate and individual responsibility. Another example of voluntary industry progress much more slowly than it While New Zealand does have some commitment to addressing plastic needs to. (Ma, Park and Moultrie, 2020, accredited product stewardship schemes, pollution was establishment in 2019 of the p.11) including for plastic packaging, these Alliance to End Plastic Waste schemes are all voluntary and (endplasticwaste.org). While this has

Policy Quarterly – Volume 16, Issue 2 – May 2020 – Page 69 The Global Plastic Pollution Crisis: how should New Zealand respond?

The current New Zealand government downcycled (e.g. into roading, fence posts recognises that urgent action is required While most plastic or outdoor furniture) and cannot be through regulation and is working to recycled to produce the original product implement regulatory change needed products can only (Envirotech, 2018), other plastics before the next general election in be downcycled (thermoplastics) can be recycled, albeit a September 2020. The government’s limited number of times before the announcement in August 2019 of a (e.g. into roading, product becomes brittle and has to be proposal to declare several ‘priority discarded. Plastics producers claim that products’, including single-use plastic fence posts or PET and high-density polyethylene packaging for consumer goods, beverage (HDPE), two of the most recyclable packaging and farm plastics, is the first outdoor furniture) thermoplastics, can be reprocessed up to time the government has sought to ten times before disposal (e.g. ESE Group, implement regulated product stewardship and cannot be 2018). However, virgin plastics and schemes (Sage, 2019b). If implemented, it additives must be added at each could drive a revolution across the board, recycled to reprocessing to increase the physical from consumer packaging and bottling, to produce the integrity and performance of the product farm practice, IT equipment and the tyre (Spary, 2019). Fundamentally, recycling sector, with major policy repercussions. original product ... will do little to stem the flow of single-use The almost simultaneous release of this plastics production. Currently, proposal alongside the government other plastics approximately 14% of all plastics announcement that it would fund a produced are recycled (Ellen MacArthur working group to design a nationwide (thermoplastics) Foundation, 2016), while investments in container return scheme for beverage the petrochemical and plastics industries containers (Sage, 2019c) follows sound can be recycled, continue to increase by a projected 40% logic, as the two are interdependent. The by 2050 (Geyer, Jambeck and Law, 2017). container deposit scheme, initially designed albeit a limited Without making serious efforts to stem for beverage packaging together with a the flow of single-use plastic production, regulated product stewardship scheme has number of times ... recycling will continue to lag behind the potential to ensure that beverage production rates (Wilkins, 2018). containers that cannot be recycled or Socio-environmental externalities reused through a nationwide container In 2019 New Zealand established the across the full life cycle of plastics must also return scheme are designed out of New National Taskforce be factored in. Faith in as Zealand’s economy. The government is also to respond to China’s National Sword a principal solution to the plastic waste reviewing submissions on its proposal to policy. However, their recommendations problem fails to appreciate its human increase the landfill levy (Sage, 2019d). prioritised infrastructural waste health consequences. Toxicants used in It is also encouraging to see the management approaches rather than plastics production are currently tested as government’s announcement of the phase- producer responsibility, and increasing safe by the out of polystyrene and PVC food containers recycling rates, rather than prioritising Authority at 20,000 times higher than (Ardern and Sage, 2019) following investments in strategies and systems to current endocrinological studies show are the Rethinking Plastics in Aotearoa New restrict the flow of priority plastics into safe (Institute for Green Science, 2020). Zealand report. Regulatory action such as New Zealand’s economy (Sage, 2019a). In These toxicants include bisphenols (e.g. this has the potential to drive innovation response to the taskforce’s report, in July BPA), phthalates and perfluorinated for bio- and eco-benign materials based on 2019 Shane Jones, the minister for regional compounds and are toxic at extremely low green chemistry. Plastic , economic development, announced that doses (parts per million). In addition, non- particularly PVC and polystyrene, should the government’s $40 million Provincial intentionally added substances (NIAS) are be added to the proposed list of priority Growth Fund would invest ‘in projects that introduced in plastics production and each products, as well as disposable sanitary convert waste, including plastic waste, into recycling process. These toxicants pose products, synthetic turf and discarded materials and products useful to businesses health risks to humans particularly when plastic fishing gear. and consumers’ (Jones and Sage, 2019). In recycled plastics are used for food and addition, the Waste Minimisation Fund beverage packaging, or children’s toys Avoiding false solutions invested $3 million in PACT Group’s plan (Geueke, 2018, p.3; Coniglio, Fioriglio and On the road to advancing ‘zero waste’ to recycle PET into food contact materials Laganà, 2020; Muncke et al., 2014). and ‘circular economy’ mechanisms, in Auckland (Nadkarni, 2019). Foreign investors are also promoting ‘false solutions’ and paths leading to There are several risks and problems municipal waste to energy (WtE) dependence on solutions positioned low associated with these investments. While incinerator plants (Zero Waste Network, on the waste hierarchy must be avoided. most plastic products can only be 2019) as a solution in New Zealand. Yet

Page 70 – Policy Quarterly – Volume 16, Issue 2 – May 2020 WtE is a dying industry. Globally, countries in terms of policy implications, the best are moving to circular approaches instead, ... in terms of way to reduce the climate impact of plastics recognising that municipal WtE policy implications, is through drastic reductions in volumes incineration constitutes a polluting, of priority plastics moving through the carbon-intensive and linear waste the best way New Zealand economy. Implementing management system. Even the latest effective and ambitious product incinerator technology cannot remove to reduce the stewardship schemes that go beyond dioxins from the air, nor does it replace recycling to achieve real reductions in landfills given that dioxin-filled filters and climate impact plastic consumption could be considered fly and bottom ash resulting from a climate change policy. incineration are landfilled (Weidemann, of plastics is 2014; Blue Ridge Environmental Defense International leadership League, 2009). Moreover, a recent report through drastic On 10 May 2019, United Nations member states that incineration produces the most reductions in states made significant changes to the CO2 of all possible plastic waste Basel Convention, an international legal management methods (CIEL, 2019). In volumes of instrument regulating the movement and addition, WtE destroys resources that could management of . With otherwise be recycled, reused or repurposed, priority plastics 186 parties out of the 193 UN members, and competes with New Zealand’s the convention includes all top plastic goals and commitments moving through waste exporters, except the United to a circular, low-emissions economy States. While most plastic waste was not (GAIA, 2018, p.2), including New Zealand’s the New Zealand originally subject to the convention, the recent commitments in its Climate Change plastics amendment adopted in May Response (Zero Carbon) Amendment Act economy. 2019 significantly widens the scope of 2019. plastic waste covered and grants legal In response to growing concern over credence to plastic waste as a hazardous single-use plastics, a range of single-use material. bioplastics have appeared on the New could reach 1.34 gigatons per year – The amendment, which comes into Zealand market. A report released by the equivalent to the emissions created by effect on 1 January 2021, makes two key parliamentary commissioner for the more than 295 500-megawatt coal changes. First, it adds plastic waste as a environment already outlines known and power plants. By 2050, the production category of ‘other wastes’ under Annex II. undetermined risks associated with and disposal of plastic could generate This subjects it to the general obligations bioplastics, confusion around labelling of 56 gigatons of emissions, equivalent to of the Basel Convention, which establishes products including terms such as 10–13 percent of the entire remaining a strict regulatory system based on the ‘bioplastic’, ‘biodegradable’ and carbon budget. (CIEL, 2019, p.4) concept of prior informed consent (PIC). ‘compostable’ and their fates, and the need These obligations, applicable to both for appropriate waste infrastructure New Zealand has committed to tackling ‘hazardous wastes’ and ‘other wastes’ (Northcott and Pantos, 2018). Relatedly, climate change, legislating for zero carbon (including household waste and residues there is a growing call from ecotoxicologists targets at home, and engaging with the from municipal waste incineration), for the modern testing of all toxicants Carbon Neutrality Coalition at the global impose conditions on import and export, associated with plastics, including level, but the CIEL report gives a very short and stringent requirements for the notice, bioplastics, to determine safe levels time frame to reverse global trends. consent and tracking of movement across (Endocrine Society, 2014). Importing these carbon-hungry materials national boundaries. Second, ‘solid plastic and then exporting them for ‘recycling’ waste’ is removed from the list of non- Plastic pollution and climate change uses huge amounts of carbon and hazardous waste under Annex IX, as its Plastics’ impacts on the climate have not incineration adds more. In addition, inclusion under this annex was often used been widely published. Perhaps the first methane is emitted from landfilling to export plastic waste as ‘green’ waste. comprehensive analysis of the relationship bioplastics, and when plastics are exposed The amendment will result in increased between these two environmental to sunlight (Royer et al, 2018). When traceability, more control and less illegal challenges is a 2019 report investigating addressing plastic pollution, New Zealand dumping of plastic waste, as only batches the greenhouse gases emitted throughout must consider the reduction of plastics- of clean, separated, individual non- the full life cycle of plastics. The report related greenhouse gases. halogenated polymers3 intended concludes the following: The greatest level of greenhouse gas specifically for recycling can be freely abatement from any waste policy comes traded. All other plastic waste types will if plastic production and use grow as from actions at the top of the waste require the importing country’s PIC. currently planned, by 2030, emissions hierarchy (McQuibban, 2019). Therefore, Making transboundary movements of

Policy Quarterly – Volume 16, Issue 2 – May 2020 – Page 71 The Global Plastic Pollution Crisis: how should New Zealand respond? plastic waste more difficult forces states to New Zealand costs that are externalised by waste trade take greater responsibility for the plastic and that are often ignored by those who waste they generate and consume. is one of five export waste to developing countries. While technically the Basel Ban Basel Convention Ban Amendment countries (along Amendment is only binding on those that Another amendment, the Basel Ban ratify it (in accordance with article 17(5) Amendment, was adopted at the Basel with Japan, the of the convention), New Zealand as a Basel Convention’s second conference of Convention party must still respect the parties in 1992 and came into force on US, Canada and import prohibitions of other parties. 5 December 2019. Whereas the plastic Notably, Malaysia and Indonesia, amendment subjects most plastic waste Australia) that destination countries for New Zealand’s to the convention’s regulatory system, post-consumer plastics, are two of the 98 the Ban Amendment goes further. It have repeatedly member states that have ratified the expressly prohibits OECD countries, the made efforts to amendment – a clear announcement that European Union and Lichtenstein from they no longer want New Zealand’s all transboundary movements to non- undo, weaken hazardous waste (including contaminated OECD states of hazardous wastes covered plastics). New Zealand can no longer by the convention that are intended for and delay the export hazardous waste, including Annex final disposal, and all transboundary II waste, to these countries. movements of hazardous wastes covered Ban Amendment Moreover, the political impacts of the by paragraph 1(a) of article 1 of the amendment will mean that New Zealand convention that are destined for reuse, from entering will be under growing pressure to ratify recycling or recovery operations. and to refrain from hazardous waste The Basel Ban Amendment is the only into force. exports to all non-Annex VII countries way to prevent non-municipal hazardous (non-OECD countries) regardless of plastic waste exports (e.g. spent whether or not they have ratified it: containers) to developing countries, forcing New Zealand to commit to waste shipments in the first place can back- Generally, with the force now of managing such waste domestically. In door consignments to developing countries international law, exports of hazardous doing so, the Ban Amendment can ensure be closed. waste from rich industrialised powers that the proposed regulated product New Zealand is one of five countries to poorer countries will be perceived as stewardship schemes are implemented and (along with Japan, the US, Canada and a criminal or irresponsible act as will effectively target top-of-pipe innovative Australia) that have repeatedly made efforts other forms of exploitive externalisation solutions to prevent the import and retail to undo, weaken and delay the Ban of real costs and harm to poorer of priority products. Amendment from entering into force. In a countries. ( and More broadly, the amendment addresses letter from David Parker to the first author, IPEN, 2019, p.9) the use of PIC, introduced through the the minister defended New Zealand’s amendment, to justify waste dumping. The decision not to ratify the amendment, Increasing numbers of non-Annex VII problem with reliance on PIC is that stating that New Zealand’s ‘geographical countries that have not yet ratified the Ban developing countries can feel pressured by isolation and lack of economies of scale’ Amendment are likely to do so, to update the economic powers of developed countries means it could not be responsible for their Basel commitments and to protect to consent to accepting the world’s waste. managing its own hazardous waste themselves from hazardous waste imports. The Ban Amendment also closes loopholes domestically, and that the amendment in waste movement management across the would mean that we could no longer export Support for an international, legally binding world. For example, recent research by the such waste to non-OECD countries treaty on marine litter and microplastics Basel Action Network revealed that, despite offering high technology recycling and The global governance of plastics has been the Indonesian government stating that treatment facilities (personal described as ‘characterised by fragmented hundreds of consignments of illegal waste communication, April 2019). However, if authority, weak international institutions, imports from the US would be ‘re-exported a state-of-the-art facility were to be uneven regulations, uncoordinated to their country of origin’, only 12 of the 58 established in a developing country, it is policies, and business-oriented containers were returned. Thirty-eight unlikely that that country would have the solutions’ (Dauvergne, 2018, p.22). In containers were diverted to India, three to resources, capacity, or robust policies and contrast to other global pollutants, such South Korea, and one container each went legislation to support adequate monitoring as (CFCs) and to Thailand, Vietnam, Mexico, the of emissions, and the enforcement required persistent organic pollutants (POPs), Netherlands and Canada (Basel Action to protect workers, communities, the plastic pollution has received little global Network, 2019). Only by preventing these environment and human health. These are policy attention, despite growing science-

Page 72 – Policy Quarterly – Volume 16, Issue 2 – May 2020 based evidence of its widespread harms If it is to Conclusion and persistence in the environment. New Zealand must replace its current While the Basel Convention champion the ‘take, make, waste’ economic model with a amendments represent important progress, regenerative one, in which priority plastics the convention’s operative provisions needs of Pacific have no place. This is a critical time for primarily focus on managing existing New Zealand to move in a safe, healthy waste, so do not address the root of the Island countries and environmentally sound direction plastic pollution problem. The benefits of away from ‘false solutions’, such as WtE a comprehensive international agreement and territories, incineration, recycling plastics for food are well known. A global architecture with contact materials and without considering a multi-layered governance approach could New Zealand the risks associated with alternatives fill existing gaps, providing improved such as bioplastics, and standards, guidelines and annexes for can do much plastics into roading and fence posts. priority chemicals, plastics requiring more to show New Zealand’s first steps during 2019 are special attention, and products of concern acknowledged, including proposals to for marine plastic litter and microplastics, regional and establish regulated product stewardship as well as legislative guidance and sharing schemes and increase and expand the of best available technology and global leadership waste disposal levy, funding allocated to environmental practices (Raubenheimer, design a national container return scheme, Oral and McIlgorm, 2017, p.125). on plastic and a clear intention to direct government A global governance framework will funding towards waste-related projects ensure that continued pollution in one pollution and (although the latter has, thus far, been region does not negate efforts in another. invested too low down the waste hierarchy). Currently, capacity to prevent and mitigate related issues. To harness the potential generated by plastic pollution locally and nationally these first steps, New Zealand must begin varies based on available waste management designing a policy framework and capacity (Borrelle et al., 2017, p.9995). investment plan that drives economic While New Zealand already supports security’ (Raubenheimer, Oral and activity towards the top of the waste several political initiatives, including the McIlgorm, 2017, p.153). hierarchy. At this juncture there is a risk Clean Seas Campaign and the New Plastics Subsequently, NGO members of the that poorly conceived or under-ambitious Economy Global Commitment, UN Ad Hoc Open-Ended Expert Group investments and product stewardship international evidence of failing voluntary put forward a ‘thought-starter’ in schemes could create policy or financial measures and agreements indicates that November 2018 outlining four pillars of lock-in of short-sighted false solutions that only an international legal agreement can action required to establish an international, perpetuate an ineffective and potentially set clearly defined, binding waste reduction legally binding plastic pollution treaty. The hazardous waste management approach. targets and address inconsistent national proposed treaty will likely take ten years to This will require a precautionary approach. and regional capabilities (ibid.). In this come into force. However, in a decade, at Policies need to be flexible and future- regard, New Zealand has a responsibility status quo, global plastic-related pollution proofed. While recycling plastics cannot for its Pacific Islands partners. will have reached catastrophic levels. feasibly be avoided immediately, long-term At the second session of the United Accordingly, the group proposes a start- planning and action based on reducing the Nations Environmental Assembly (UNEA- and-strengthen approach (CIEL, Massey priority plastics flowing through our 2), member states adopted resolution University and EIA, 2018). economy is crucial. UNEP/EA.2/Res.11 on marine plastic litter New Zealand briefly addressed plastic New Zealand is failing to meet political and microplastics, in which governments waste in its national statement at UNEA-4, commitments made at the international requested an assessment of the effectiveness noting its plastic bag and microbeads bans, level, remaining one of the highest of relevant international, regional and and highlighting the challenges that marine producers of household waste in the subregional governance strategies and plastics and waste disposal pose across the developed world per capita. If it is to approaches to combat marine plastic litter Pacific. However, New Zealand did not call champion the needs of Pacific Island and microplastics. The resolution called for an international, legally binding countries and territories, New Zealand can for identification of possible gaps and agreement. In contrast, all eight member do much more to show regional and global options for addressing these gaps. This states of the Secretariat of the Pacific leadership on plastic pollution and related work concluded that current efforts Environmental Programme at UNEA-4 issues. New Zealand must consider the ‘provide some degree of progress but made interventions in favour of a harmful diplomacy the refusal to ratify the combined may not reach the desired multilateral governance structure with the Basel Ban represents. This refusal sends a outcomes at a global level of protecting the potential to establish an international, message to the international community environment, human health and food legally binding plastic pollution treaty. that New Zealand will continue to export

Policy Quarterly – Volume 16, Issue 2 – May 2020 – Page 73 The Global Plastic Pollution Crisis: how should New Zealand respond?

hazardous waste to developing countries addition to presenting a national statement 1 A framework for a comprehensive and global collaborative if they so wish even though they are party at UNEA-5 on the need for an international, effort to reduce the ecological, human health and economic impacts of marine debris worldwide. to the Basel Convention which now forbids legally binding agreement, tackling the 2 These provisions require manufacturers to design longer- lasting products and make spare parts readily available in an this type of trade. New Zealand will be seen whole life cycle of plastics would effort to reduce waste. by other nations as ideologically opposed demonstrate commitment to change, and 3 Limited to polyethylene, polypropylene and polyethylene terephthalate. to the Ban Amendment and, by extension, fulfil broader responsibilities, particularly in support of the externalisation of costs towards New Zealand’s Pacific Island Acknowledgements for the products New Zealand imports, partners. New Zealand must play its part, We wish to acknowledge and thank produces and consumes onto developing not only in accelerating efforts at home, Hannah Blumhardt and Professor John countries. but also in showing leadership on the Holland for their invaluable input and By the time the amended Annex II of regional and global level, including review. the Basel Convention comes into force on responding to the wider impacts of plastics 1 January 2021, New Zealand should have on human health, climate change and ratified the Basel Ban and implemented environmental justice. the Basel Ban Amendment domestically. In

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Policy Quarterly – Volume 16, Issue 2 – May 2020 – Page 75