11 MAY NEW ZEALAND GAZETTE 1073

(iii) economic matters (including research and innovation, business development, primary production, and exports):

(iv) cultural and ethical concerns:

(k) the key strategic issues drawing on ethical, cultural, environmental, social, and economic risks and benefits arising from the use of genetic modification, genetically modified organisms, and products:

(l) the international implications, in relation to both New Zealand’s binding international obligations and New Zealand’s foreign and trade policy, of any measures that New Zealand might take with regard to genetic modification, genetically modified organisms, and products, including the costs and risks associated with particular options:

(m) the range of strategic outcomes for the future application or avoidance of genetic modification, genetically modified organisms, and products in New Zealand:

(n) whether the statutory and regulatory processes controlling genetic modification, genetically modified organisms, and products in New Zealand are adequate to address the strategic outcomes that, in your opinion, are desirable, and whether any legislative, regulatory, policy, or other changes are needed to enable New Zealand to achieve these outcomes:

Definitions
And We declare that, in this Our Commission, unless the context otherwise requires,—

genetic modification means the use of genetic engineering techniques in a laboratory, being a use that involves—

(a) the deletion, multiplication, modification, or moving of genes within a living organism; or

(b) the transfer of genes from one organism to another; or

(c) the modification of existing genes or the construction of novel genes and their incorporation in any organisms; or

(d) the utilisation of subsequent generations or offspring of organisms modified by any of the activities described in paragraphs (a) to (c)

genetically modified organism means an organism that is produced by genetic modification

organism includes a human being

product includes every medicinal, commercial, chemical, and food product that (while not itself capable of replicating genetic material) is derived from, or is likely to be derived from, genetic modification:

Exclusions from inquiry
But We declare that you are not, under this Our Commission, to inquire into the generation of organisms or products using modern standard breeding techniques (including cloning, mutagenesis, protoplast fusions, controlled pollination, hybridisation, hybridomas and monoclonal antibodies):

Appointment of chairperson
And We appoint you, The Right Honourable SIR THOMAS EICHELBAUM, to be the Chairperson of the Commission:

Power to adjourn
And for better enabling you to carry this Our Commission into effect you are authorised and empowered, subject to the provisions of this Our Commission, to make and conduct any inquiry or investigation under this Our Commission in such manner and at such time and place as you think expedient, with power to adjourn from time to time and from place to place as you think fit, and so that this Our Commission will continue in force and any such inquiry may at any time and place be resumed although not regularly adjourned from time to time or from place to place:

Consultation and procedures
And you are required, in carrying this Our Commission into effect,—

• to consult with the public in a way that allows people to express clearly their views, including ethical, cultural, environmental, and scientific perspectives, on the use, in New Zealand, of genetic modification, genetically modified organisms, and products;

• to adopt procedures that will encourage people to express their views in relation to any of the matters referred to in the immediately preceding paragraph;

• to consult and engage with Maori in a manner that specifically provides for their needs; and

• to use relevant expertise, including consultancy and secretarial services, and to conduct, where appropriate, your own research:

And you are empowered, in carrying this Our Commission into effect,—

(a) to prepare and publish discussion papers from time to time on topics relevant to the inquiry; and

(b) unless you think it proper in any case to withhold any evidence or information obtained by you in the exercise of the powers conferred upon you,—

(i) to include in any discussion papers prepared and published by you all or any of that evidence or information; and

(ii) to publish or otherwise disclose in such other ways as you think fit all or any of that evidence or information:

General provisions
And, without limiting any of your other powers to hear proceedings in private or to exclude any person from any of your proceedings, you are empowered to exclude any person from any hearing, including a hearing at which evidence is being taken, if you think it proper to do so:

And you are strictly charged and directed that you may not at any time publish or otherwise disclose, except to His Excellency the Governor-General in pursuance of this Our Commission or by His Excellency’s direction, the contents or purport of any report so made or to be made by you:

And it is declared that the powers conferred by this Our Commission are exercisable despite the absence at any time of any 1 or any 2 of the members appointed by this Our Commission so long as the Chairperson, or a member deputed by the Chairperson to act in the place of the Chairperson, and at least 1 other member, are present and concur in the exercise of the powers:

And We do further declare that you have liberty to report your proceedings and findings under this Our Commission from time to time if you judge it expedient to do so:

Reporting date
And, using all due diligence, you are required to report to His Excellency the Governor-General in writing under your hands, not later than 1 June 2001, your findings and opinions on the matters aforesaid, together with such recommendations as you think fit to make in respect of them:

And, lastly, it is declared that these presents are issued under the authority of the Letters Patent of Her Majesty Queen Elizabeth the Second constituting the office of Governor-General of New Zealand, dated 28 October 1983, and under the authority of and subject to the provisions of the Commissions of Inquiry Act 1908, and with the advice and consent of the Executive Council of New Zealand.