Lack of risk assessment for glyphosate remains a concern, despite High Court ruling
The High Court has ruled that the Environmental Law Initiative (ELI) did not establish “a reviewable error” in the Environment Protection Authority’s (EPA) decision that grounds did not exist to reassess the herbicide glyphosate.
Dr Matt Hall, ELI’s Director, Legal and Research, says “While we didn’t receive the key outcome we sought, we remain concerned that glyphosate and glyphosate-containing herbicides have never undergone a comprehensive risk assessment in Aotearoa New Zealand.
“Glyphosate is the most widely used herbicide in the country, and we are amongst the most permissive regulators of it globally.”
The Court found that the EPA has a broad discretion under section 62 of the Hazardous Substances and New Organisms Act (HSNO) when considering requests for a review of a substance. In this regard, the Court ruled in the EPA’s favour, dismissing ELI’s grounds for review.
“We are now taking the time to review the judgment and to assess its implications,” says Dr Hall.
“This is about making sure that we properly understand the possible risks and effects of the chemicals being used in Aotearoa, such as glyphosate.”
HSNO and ELI’s application
Under HSNO, hazardous substances must be approved by the EPA before they can be imported or manufactured in Aotearoa. For glyphosate-containing substances, each formulation must be individually approved. HSNO provides a pathway for the reassessment of a hazardous substance when significant new information regarding the effects of the substance has become available.
HSNO also stipulates that the EPA should take a precautionary approach where there is scientific and technical uncertainty about adverse effects.
There is no record of a comprehensive risk assessment of glyphosate in Aotearoa New Zealand since its approval in 1972. With a growing body of scientific evidence to demonstrate harm to human health and the environment, in 2023, ELI made an application to the EPA to see whether legal grounds exist for the reassessment of glyphosate and glyphosate-based substances.
In July 2024 the EPA decided that grounds did not exist for reassessment. ELI subsequently filed proceedings for a judicial review of that decision. In June 2025, the case was heard in the High Court.
Additional notes on the case:
ELI was not seeking a ban. A full risk assessment is an opportunity to ensure the EPA is taking the proper precautions to protect our people and our environment.
Other countries have stricter regulations about glyphosate use than NZ. For example, in the EU it is banned for use on crops pre-harvest, and several countries, including France and Germany have banned the domestic use of glyphosate as well as the use of glyphosate in public spaces such as parks and roadsides.
