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A New Zealand High Court ruling has set aside Environmental Risk Management Authority (ERMA) approval for experiments putting copies of human genes into cows. Needless to say this has polarised already divided opinions on experimentations of genetic engineering, angering scientists and multiple sclerosis sufferers and pleasing supporters of an organic New Zealand. The experimentors were promising the dairy industry a technological and economic advantage, and possibly produce proteins that could be used in a search for a treatment for multiple sclerosis. The first transgenic cows with human gene codes are due to be born next month. However, two judges in Wellington have found fault with the way the Environment Risk Management Authority (Erma) dealt with Agresearch's application for field testing of its research. Erma has been told to reconsider the application. Lincoln University senior biochemistry lecturer Jon Hickford said the full implication of the court's 100-page decision was still being worked through. Scientists, though, were likely to think twice about proceeding with research projects in New Zealand if they were going to face so many ethical and legal obstacles. "People are realising it's too damn difficult in this country," he said. Reinforcing a belief that the economic issues are crystal clear, the health issues meanwhile are ignored, except when GE is meant to provide health benefits. Christchurch resident Peter Brouard, who has suffered from multiple sclerosis for 21 years and is vice-president of the Multiple Sclerosis Society, said the court's decison was hugely disappointing. "Anything that's going to move forward research into this disease is obviously going to be a benefit for people suffering from multiple sclerosis. It's a shame that ethics and bureaucracy are holding up research that could potentially help people with MS, because it's no fun living with this disease." Former Press journalist John Brown, who has had MS since he was in his early 20s, said he was angry that a small group of activists were derailing the hopes of the thousands of New Zealanders suffering from the disease. Opponents of the research were ill-informed, he said. Justice McGechan said the appeal he and Justice Goddard decided was the first against an Erma decision, so was important from a legal perspective. But it was not about the rights or wrongs of genetic engineering from a moral or social standpoint. Erma had not followed some of the proper steps in its decision-making process, and had not stated the tests it applied in reaching its decision, he said. Agresearch's experiment was developed at Ruakura, on ancestral lands of Ngati Wairere hapu, one of the groups that opposed field testing. Erma chief executive Dr Basil Walker said the High Court judgment was "very comprehensive". "We will, of course, carry out the court's directions," he said. But in terms of the decision's deeper ramifications, Erma needed time to make sure that it understood the decision properly before commenting in detail. "There's a lot of comment and interpretive detail, inside the decision, which we'll be studying," he said. Agresearch chief executive Dr Keith Steele said the court decision to refer the cattle application back to Erma for another lengthy approval process was disappointing. The project involved the insertion of a copied human myelin basic protein, known as MBP, in the cattle and extraction of the protein from their milk. Green Party spokeswoman Sue Kedgley said the calves would be "new organisms" not covered by a valid approval and should be humanely killed. Agriculture Minister Jim Sutton attacked the Greens' attitude, saying MS was a devastating disease and it was cruel to snatch away the hope of a cure. "This was not a willy-nilly release of genetically modified material." One thing is certain, genetic engineering experiments consistently ignore the issue of animal rights, not something that scientists, nor most politicians seem to be worried about. Ms Bleakley, one of the appellants agains ERMA said yesterday that the court ruling showed the risks were not properly evaluated and "we've won that part." Erma chief executive Dr Bas Walker said the authority would carry out the court's instructions and move as quickly as it could to reconsider the application. Meanwhile, Dr Steele confirmed security had been beefed up at Ruakura after a firebomb attack on April 6 and recent break-in attempts. The war heats up.
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