Gene technologies
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The Government is overhauling New Zealand’s laws on gene technology. Public submissions are invited until 17 February 2025. DairyNZ is reviewing the draft legislation and working to understand the potential opportunities and risks that it might present for the dairy sector. We will be making a submission.
What is Government doing?
New Zealand’s gene technology laws were set over 25 years ago. They take a conservative and precautionary approach, which made sense at the time as the technology was emerging. However, science has advanced rapidly in recent years, meaning gene technologies can be used more precisely and safely.
In December 2024, the Government introduced a bill to Parliament to modernise New Zealand's gene technology laws.
This bill proposes to:
- Establish a new Gene Technology Regulator within the Environmental Protection Authority to be the independent decision-maker, supported by technical and Māori advisory committees. The Regulator will be responsible for preparing risk assessments and risk management plans.
- Introduce a tiered approach to risk management, including exempt, non-notifiable, notifiable and licensed activity categories, depending on the level of risk posed to human health and the environment.
- Create a process to enable the management of risks to Māori kaitiaki relationships with indigenous species.
- Enable the Regulator to undertake joint assessments with overseas regulators.
- Establish offences and penalties for breaches of the regime.
- Ensure a nationally consistent approach to regulation of gene technology by removing local authorities’ ability to restrict its use.
- Ensure New Zealand continues to be able to comply with its international legal obligations.
Public feedback is being sought as part of the select committee process, with submissions due by 17 February 2025. The Government is aiming to have the legislation passed and the new regulator in place by the end of 2025.
What is DairyNZ doing?
We agree that it is time to revisit the regulations governing gene technologies in New Zealand. As farmers and growers look for solutions to sector-wide issues, we should explore all promising avenues that could help with the challenges we face. However, we need to tread carefully and ensure a regulated approach to gene technologies that considers the wide range of views, opportunities, and risks.
We are currently reviewing the draft legislation and preparing a submission. We are focused on ensuring the new system manages risks appropriately and allows public input into decisions. We also want the legislation to be high quality and able to endure over time.
We are keen to hear your views as part of developing the DairyNZ submission and invite you to share these with us using the form below.
Gene technology changes - we want to hear from you
New Zealand’s gene technology laws are getting a major overhaul. Greater access to gene technologies presents both opportunities and risks for the dairy sector. We are keen to hear your views.
As well as engaging with farmers, we are talking to dairy companies, industry organisations, research organisations, and other key stakeholders to inform the DairyNZ submission.
Understanding gene technologies
Gene technologies provide ways to change genes and the genome. Genes can be modified to:
- Produce or remove specific traits or functions
- Speed up or slow down natural processes
For thousands of years, humans have been manipulating genomes through traditional methods, such as selective breeding. That is, choosing organisms with a desired trait and producing offspring with those desired traits. But these traditional methods can take a long time and it can be difficult to make very specific changes.
The first genetic modification techniques were developed in the 1970’s, which allowed scientists to introduce specific traits within an organism and therefore make changes to it more quickly, precisely, and in novel ways.
These techniques have continued to evolve and become more precise over time. They are often referred to as 'new breeding techniques' which allow targeted changes to genes or introduction of genes within the genome. They are used in a wide variety of applications internationally, including in healthcare, pest control and farming.
Dairy sector considerations
Greater access to gene technologies presents both opportunities and risks for the dairy sector. There are also important social, cultural, and economic considerations.
Potential opportunities for the dairy sector:
- Beneficial plant traits, e.g. drought tolerance, pest/disease resistance, improved nutritional value, reduced greenhouse gas emissions etc.
- Beneficial animal traits, e.g. disease resistance, heat tolerance, reduced greenhouse gas emissions, reduced bloat and ryegrass staggers, polledness (no horns) etc.
Potential risks for the dairy sector:
- Market, customer, and consumer concerns with a change in New Zealand’s position on use of genetic technologies.
- Finding appropriate solutions for the coexistence of genetic technologies alongside conventional and organic farming systems, e.g. traceability concerns, pollen and seed dispersal etc.
- Upholding cultural values of whakapapa, mauri, mana and kaitiakitanga.
- Protecting against/managing for unintended consequences, e.g. increased weediness, negative impacts on soil biology or animal health/longevity, impacts on non-target species.
It is important to remember that many gene technologies have a long pathway to market. Even if New Zealand’s regulations were relaxed tomorrow, it could still be 5-10 years before technologies are available on the market here. Some may be accessed faster, depending on their commercial availability overseas, but even these are still some years away.
Potential technologies
Having a good understanding of the different potential technologies and how they might be used on New Zealand dairy farms is important for ensuring that the risks and opportunities associated with each are not over- or under-stated.
| Technology application | Current situation | Future of NZ dairy sector |
| Gene edited endophytes of grasses | ||
| NZ scientists are researching how naturally occurring endophytes in ryegrass can be gene edited to generate further gains on top of progress already made via conventional selection, e.g. to reduce heat stress and ryegrass staggers, and potentially improve ryegrass persistence. | The technology was developed in NZ but is not currently tested here in field conditions. Agronomy trials are underway in Australia. | Being able to test in NZ conditions, with relevant insect pests and climatic pressures, would greatly speed up the development of this technology and a better understanding of its benefits and risks and how they can be managed. Note that as the endophyte is contained within the plant and seed and isn’t in the pollen, the risk of spread outside of containment is low. |
| High-condensed tannin (Hi-CT) white clover | ||
| Condensed tannins occur naturally in the flowers of white clover. NZ scientists have genetically modified white clover with a gene taken from another species of clover to enable expression of condensed tannins in the leaves of white clover. This could reduce GHG emissions and N leaching. Reduced bloat and internal parasite burden and enhanced milk yield and increased liveweight gain are other potential outcomes. | The technology was developed in NZ but is not currently tested here in field conditions. This is taking place in Australia and the US. Animal trials to test for methane reduction will also be underway soon in Australia. Early-stage seed multiplication is also underway in Australia, enabling this technology to be brought to market faster if NZ legislation changes. | Being able to test in NZ conditions, with lactating cows, would greatly speed up the development of this technology and a better understanding of its benefits and risks and how they can be managed. |
| Polled animals | ||
| Polled animals are those that are born without horns from a breed that traditionally has horns. Gene editing could mean other key traits such as Breeding Worth and milk production do not have to be sacrificed and could speed up the process of breeding for polled cattle. | Exploratory work utilising gene editing has taken place overseas, but there is no work underway or planned in NZ at this stage. | This would have positive welfare outcomes for the animal as well as potentially reduced cost for farmers. |
| Heat tolerant animals | ||
| NZ scientists have used gene editing to test the introduction of the tropical genetic variant for heat tolerance in calves. Work has also taken place to breed and study calves gene-edited to have lighter coloured coats, which absorb less solar radiation. | This is an Endeavour-funded programme due to conclude in mid-2025. | Increasing global temperatures pose significant challenges for animal welfare and negatively impacts their productivity. Heat stress already affects NZ dairy cows and is particularly relevant for animals with black hair. |
| High Metabolisable Energy (HME) ryegrass | ||
| HME ryegrass has been genetically modified to increase lipid content in the leaf. This adds to the nutrition and energy available to livestock eating the grass and may also reduce N loss and methane and nitrous oxide emissions. | The technology was developed in NZ but cannot currently be tested in field conditions. This has taken place in the US and may start in Australia. DairyNZ is a co-investor in this technology. | Being able to test in NZ conditions, with lactating cows, would greatly speed up the development of this technology and a better understanding of its benefits and risks and how they can be managed. |
| Gene editing in the rumen microbiome | ||
| Frontier research is underway in the US to explore the potential to engineer rumen microbes to produce less methane. | NZ scientists are not involved in this research, but it has potential application for our farming systems. | If successful, this research could result in treatments for calves that could alter their methane production permanently. |
| Genetically modified maize | ||
| GM maize is sold internationally in countries where GM forages are permitted. Genes from different bacteria are inserted into maize to provide pest resistance and drought tolerance. | All maize varieties sold in NZ are GM-free. | Access to commercially available GM maize varieties in NZ would support adaptation of feed systems that are under increasing pressure from climate change. |
Gene tech FAQs
Why are New Zealand’s gene technology laws changing?
The Government is revising the legislation to enable greater use of gene technologies than is currently possible, while still protecting human health and the environment. A draft Bill was published in December 2024. The changes are intended to support scientists to make advancements in healthcare and climate change, protect our environment, improve productivity, and boost exports. New Zealand’s existing legislation is more than 25 years old and adopts a very conservative and precautionary approach. This made sense at the time as the technology was only just emerging but is now limiting our ability to explore all options for addressing the challenges facing New Zealand.
References:
- Gene technology regulation | Ministry of Business, Innovation & Employment (mbie.govt.nz)
- Gene Technology Bill 110-1 (2024) | New Zealand Legislation
- New Zealand to benefit from end to gene tech ban | Beehive.govt.nz
What will the new system for gene technologies look like?
The Government has based its draft legislation on Australia’s Gene Technology Act 2000, adapted to work here in New Zealand. This takes a ‘hybrid approach’ to regulation, with applications assessed under a tiered risk framework. This means that some specific, minimal-risk and well-understood technologies (e.g. where the resulting changes to the organism are indistinguishable from conventional breeding) may be exempted from regulations. Higher-risk technologies would be regulated.
Like Australia, the draft Bill also sets up a new Gene Technology Regulator that will be based in the existing Environmental Protection Authority. The Regulator will be supported by a Technical Advisory Committee and a Māori Advisory Committee.
References:
- Gene technology regulation | Ministry of Business, Innovation & Employment (mbie.govt.nz)
- Gene Technology Bill 110-1 (2024) | New Zealand Legislation
- New Zealand to benefit from end to gene tech ban | Beehive.govt.nz
- Australia's gene technology regulatory system | Office of the Gene Technology Regulator (ogtr.gov.au)
Are gene technologies already used in New Zealand?
Yes. Some processed foods contain approved GM ingredients that have been imported, e.g. some soy-based products. Some medicines used here are manufactured by a process that uses a GMO. In most of these cases, a bacterium or yeast will be modified to enable it to produce a naturally occurring human protein. The resulting medicine (i.e. the protein) will not typically contain any DNA (modified or otherwise) and the protein will be chemically very similar or identical to that normally produced in humans.
Note that no GM crops are grown commercially in New Zealand and no GM fresh fruit, vegetables or meat is sold here (although GM bananas have been approved by FSANZ for sale).
References:
- Current status of genetically modified foods applications | Food Standards Australia New Zealand
- Genetically modified seeds and nursery stock | NZ Government (mpi.govt.nz)
- Genetically modified medicines and food | Ministry for the Environment
- GMO blood cancer therapy gains EPA approval | EPA
If my neighbour uses a gene technology on their farm, will my farm be affected?
DairyNZ will be seeking to ensure that the new legislation enables farmers to have choice when it comes to how they farm. This means that farmers that use gene technologies and farmers that don’t, can co-exist beside each other, with those technologies managed in a way that does not affect others. Managing the flow of genes from perennial plants that cross-pollinate (pollen from one plant fertilizes another) is challenging, but not impossible. There are parallels in New Zealand already with organic and non-organic farming and with high grade seed production, where minimum distances must be kept between crops.
References:
- Genetic modification – benefits and risks for New Zealand grassland production systems | Journal of New Zealand Grasslands (nzgajournal.org.nz)
Will there be issues with Intellectual Property (IP) from using gene technologies?
Plant breeding improves the performance of plant varieties, providing farmers with increased yields, nutritional value and persistence from their pastures. Breeding new varieties involves considerable investment of time and money. Plant Variety Rights provide incentives for plant breeders to develop new varieties, by providing them with an opportunity to get a return on this investment through the granting of exclusive rights for a certain period.
The Plant Variety Rights (PVR) Act 2022 already provides a framework for IP protection of pasture species in New Zealand and includes provisions for indigenous plant species and non-indigenous plant species of significance. IP protection and the PVR Act encourage investment and effort into plant breeding in New Zealand and provide farmers with certainty that the variety (cultivar) they’re buying is of value. The PVR Act prevents the production and sale of seed of protected varieties.
Most of the New Breeding Technique (NBTs; genetic modification processes) currently used are managed through IP protection. The new pasture varieties developed using these technologies will be covered by the PVR Act.
References:
- Plant Variety Rights | Intellectual Property Office of New Zealand (iponz.govt.nz)
- Information sheet: What are Plant Variety Rights? (mbie.govt.nz)
- Impacts of growing and utilising genetically modified crops and forages – a New Zealand perspective (tandfonline.com)
Can gene technologies be used for pest control?
Yes, although it has not yet been used as a conservation tool in New Zealand. Scientists are exploring the possibility of using gene-editing tools to control invasive organisms, including sterile insects and gene drives.
In normal sexual reproduction, 50:50 chance governs which gene is inherited. Gene editing can be used to create a ‘gene drive’ to spread a gene rapidly through generations. For pest control purposes, this would target a gene essential for the viability or fertility of the pest organism and thereby reduce the population over time.
References:
- Gene editing for pest control - Predator Free NZ Trust
- Royal Society of NZ ‘Gene Editing: Scenarios in Pest Control’
How is using gene technologies different to traditional plant breeding?
Genetic modification has been happening with plants for almost all human existence – this is the basis of traditional plant breeding. Examples include:
- Hybridization is used to develop species like triticale (wheat x rye) or hybrid ryegrass (perennial x Italian ryegrass).
- A compound called colchicine can be applied to diploid plants to create a tetraploid equivalent.
- Herbicide tolerant brassica varieties have been developed using mutagenesis and have been sold in New Zealand for several years.
The goal of both traditional plant breeding and using gene technologies in plants is to deliver genetic improvement. The processes used in conventional plant breeding are uncontrolled and unregulated. Modification of genes using gene technologies will be covered under the new legislation.
References:
Will allowing the use of gene technologies in New Zealand damage our market access?
Quantifiable evidence of the economic benefit to New Zealand from a GM-free status is challenging to find. Previous studies have concluded that it is unlikely that the introduction of GM plants into New Zealand would have any long-term impact on market perceptions of our products and any premium gained from food products remaining GM-free is also unlikely. Food-producing companies are working hard to understand potential implications on market access, including what consumers want.
References:
What do our consumers think about gene technologies in food production?
Consumer attitudes are shaped by their views on risks and benefits, their knowledge and trust levels, and their personal values. A recent review of consumer attitudes towards GM crops and forages in New Zealand found that, although some consumers will always oppose GM in food production, evidence suggests that using GM plants for food production in New Zealand will not cause long-term harm in overseas markets.
References:
Will the cost of gene technologies be detrimental?
At this point in time, we do not know what the cost of regulatory approvals in the new system will be and how this might impact the cost of new pasture varieties developed with gene technologies. GM crops have been shown to reduce loss in yield, and reduce inputs required, both of which are costly to farmers.
There is evidence in other countries, such as Australia, of an economic loss to farmers through not having access to gene technologies. Australia approved the use of GM canola in 2003, but New South Wales and Victoria delayed adoption until 2008, and Western Australia until 2010. The net economic loss to canola farmers from this delay was estimated to be AU$485.6 million.
References: