September 14, 2000
The Environmental Risk Management Authority confirms that it has received notice of an appeal against its decision to approve the genetic modification of cattle.
AgResearch Ltd applied to produce and field test genetically modified cattle at its research facility in the Waikato. The proposal, first notified in March 1999, was in three parts - including modifications to the protein and casein components of cows' milk, and the insertion of a synthetic human gene. See background information below
Notice of the appeal was received by the Authority on 21 August 2000. The appeal is to the High Court. An initial conference of the parties is scheduled for 18 September 2000.
ERMA New Zealand Chief Executive, Dr Bas Walker said that he understood this conference was just to deal with procedural issues.
"I have been advised that it could be some months before a hearing is held. But I need to stress that this is a process for the High Court, and we are in their hands. There is very little that we can say about the matter. The Authority will provide the Court with whatever information it can to assist the proceedings."
Dr Walker confirmed that Authority's Maori advisory committee, Nga Kaihautu Tikanga Taiao, had signalled its interest in providing information to the Court, as will the Authority.
" We are currently working through the best way for the Authority and Nga Kaihautu to provide the most useful input possible to the handling of the appeal."
This is the first time the Authority has received an appeal on any of its decisions, since it began operation in July 1998.
Dr Walker said that given the wide range of issues that the Authority has been dealing with since it started, it was not surprising that an appeal might be made against a decision at some point.
"The cattle application was complex and challenging. While it was only for a field test in a contained facility and not for a general release, the application generated considerable public interest. The Authority had to deal with difficult issues, particularly those aspects related to Maori cultural values. The appeal provides the opportunity for some of these very difficult points of law to be considered and clarified by the court."
For further information contact:
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Dr Bas Walker |
Karen Cronin |
Background
Full details, and pictures available from Feature page.
The GM cattle application was a field test for research purposes, not for release into the wider environment. It was received in 1999 and is therefore not covered by the current voluntary moratorium on GM field tests.
It was a three-part proposal, involving modifications to dairy cattle to: 1) insert additional casein protein genes 2) inactivate the b-lactoglobulin milk protein 3) insert a sequence that coded for human myelin basic protein (MBP), so that MBP would be expressed in the milk of GM cattle.
Parts 1 and 2 were approved in November 1999, but the committee adjourned its consideration while further information was sought on part 3. The decision to approve part 3, with controls, was issued on 25 July 2000.
The application was approved subject to the following controls: - construction of two 2 metre high perimeter fences around the facility - installation of an electronic monitoring system on the inner fence - double tagging the GM cattle, including ear tags and a subcutaneous electronic microchip - maintaining a database to register and track all cattle in the research programme - milking the cattle under strict containment conditions - disposing of cattle and any biological material through on-site burial, in such a manner which minimises leaching to defined aquifers, and following consultation with Ngati Wairere the local hapu - prohibiting the removal of conventional cattle off the site, until 50 days after the completion of 3 negative pregnancy tests - disposing of all milk on site by either an effluent treatment digester, incineration or by spraying on to pasture after treatment to destroy any cells present in the milk
The applicant was also required to establish a Working Group with Ngati Wairere, to enable Ngati Wairere to monitor the implementation and progress of the field test, and to provide a forum for the exchange of information on the science of genetic modification.
The total number of cattle in all three parts of the research programme, including GM and conventional cattle, is not permitted to exceed 200. All cattle are to be kept in secure containment in a MAF approved facility and managed in accordance with animal welfare regulations.