5. Summary of recommendations

Toi te Taiao: the Bioethics Council recommends that:

Recommendation 1

Xenotransplantation (animal-to-human, animal-to-animal) be allowed to develop in New Zealand, with that development being demonstrably shaped by:

• the resolution and management of safety issues by a competent authority
• the Treaty relationship between Crown and Māori
• cultural, ethical and spiritual factors that matter to New Zealanders, including a compassionate response to the suffering of people and animals; the sanctity of human life; freedom of choice; kaitiatikanga and stewardship for other life forms; and safety.

Recommendation 2

The Government implements an appropriate regulatory and decision-making framework to guide the development of xenotransplantation. This might involve the establishment of a specialist body, or the further development of the existing framework.

Recommendation 3

Consistent with the framework chosen, decision-making bodies be guided by national standards and have access to expertise. Both must be adequate to deal with the special challenges of xenotransplantation – including its cultural, ethical and spiritual dimensions.

Recommendation 4

All xenotransplantation research involving human subjects be legally obliged to comply with the requirements of the regulatory framework.

Recommendation 5

The Government puts in place a monitoring body to oversee the development of the regulatory and decision-making framework, and developments in xenotransplantation technology.

Recommendation 6

(a) The Minister for the Environment enables, including through the provision of funding, an intra-cultural dialogue process (wananga) for Māori to examine their knowledge base from which to engage with xenotransplantation and other forms of biotechnology. This would address tikanga and spiritual, ethical and cultural issues within te ao Māori, including whakapapa, karakia etc.

(b) Subject to tikanga, the knowledge/matauranga emerging from this intra-cultural dialogue be widely promulgated.

Recommendation 7

The special protection afforded by the Animal Welfare Act 1999 to non-human hominids be extended to include all members of the order Primates.

Recommendation 8

(a) A register of New Zealanders and other people entering New Zealand who have undergone xenotransplantation be kept by the Ministry of Health for the purpose of traceability.

(b) Anyone entering New Zealand who is a current or past recipient of a xenograft be required to make a declaration to this effect on the entry documentation, and that this information be entered on the register.

(c) Medical practitioners be required to notify the Ministry of Health when they carry out a xenograft or when, in their professional capacity, they encounter a person who has undergone xenotransplantation, and that this information be entered on the register.

(d) The Government asks the Human Rights Commission to investigate the adequacy of present human rights legislation to deal with stigmatisation and discrimination towards people who have undergone xenotransplantation.

(e) The Government asks the Law Commission (or other appropriate body) to investigate liability issues associated with xenotransplantation.

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