IN SCIENCE

Control of Animal Use in Science

Under New Zealand law (Animal Welfare Act 1999) we have a “Duty of Care” towards animals, i.e. we have a duty to provide for animals’ physical, health and behavioural needs. These needs and how they can be met are outlined in Codes of Welfare.

New Zealanders want the benefits of animal-based science. So, through the Animal Welfare Act 1999, New Zealanders have given permission for our “duty of care” towards animals to be partly suspended during research, teaching and testing, but only when very stringent conditions are met (see below).

A special way of thinking guides the humane and responsible use of animals in science in New Zealand. All scientists as individuals, and through their institutions (Company, Institute or University), are expected to accept ethical responsibility for their behaviour towards animals. The ways they are required to meet their ethical responsibilities are explained in a Code of Ethical Conduct which each institution is legally required to have. To make sure that this Code is followed, each institution must also have an Animal Ethics Committee. So the legally binding framework used in New Zealand is known as the Codes of Ethical Conduct and Animal Ethics Committee system.

For people in New Zealand to trust this system and continue to give permission for it to be used, animal-based scientists need to do two important things.

First, they must follow the letter of the law – they must follow the rules exactly as they are written.

Second, and this is more important, they must also operate according to the spirit of the law. This means that, while operating within the law as it is written:

they should behave honestly and responsibly;
the work they do must be worthwhile, i.e. it must be of value in helping animals or people in some way;
they must think about values, which means they must think about issues like what the best things to study are, what the best methods of study are, what ways of using animals are acceptable and what ways are not acceptable, and how we can be sure that the new knowledge obtained from animal work will be used to do good things and not bad;
they must also make sure that the highest standards of animal care are used at all times.

The legally binding conditions which must be followed when animals are used in science in New Zealand are laid out in the Animal Welfare Act 1999 and deal with the following matters:

National Animal Ethics Advisory Committee
Codes of Ethical Conduct
Animal Ethics Committees
Applications to do animal-based procedures
Regular critical review of Animal Ethics Committees
Heavy penalties for unacceptable behaviour towards animals
Surveillance – checking that things are done properly

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National Animal Ethics Advisory Committee

There must be a high-level national body which considers and advises on all matters to do with the use of animals in research, teaching and testing. This body takes into account many things, some of which are listed here.

The details of each institution’s Code of Ethical Conduct, to make sure that they meet the high standard required for approval.
Whether the ways we make sure that scientists and their institutions are following the Code of Ethical Conduct are working well or not.
Whether each Animal Ethics Committee is doing its job properly.
How animal use in science can be improved, both by finding better ways of decreasing any harm that might be done to the animals and by finding better ways of making sure that the benefits of the work are as great as they can be.
Whether the ways we look after the animals used in science are acceptable.
What people in New Zealand and overseas think are acceptable and unacceptable uses of animals in science, and how ideas about this are changing.

This body is called the National Animal Ethics Advisory Committee (NAEAC). By taking account of the matters just listed, NAEAC advises the appropriate Government Minister (the Minister of Agriculture) on how well the law which regulates the use of animals in science is working. NAEAC also suggests changes to the Minister when these are thought to be required. In addition, it provides advice and, when necessary, constructive critical comment to institutions and their Animal Ethics Committees.

The members of NAEAC, as a group, are required to have a wide range of interests and experience. These include:

animal welfare advocacy
animal use in research, teaching and testing
biological, medical and veterinary sciences
commercial interests in research and testing
education
environmental and conservation management
ethical standards and conduct towards animals
other relevant matters.

There also needs to be balance in the members who are actively engaged in research, teaching and testing and those who are not.

As a further safeguard on behalf of the public, the independent Chairperson of the Committee must not be an animal-based scientist and must not have or have had any direct connection with animal-based science.

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Codes of Ethical Conduct

Each institution undertaking animal-based science must have a Code of Ethical Conduct. This Code defines what the organisation must do ethically and practically when it engages in animal-based science. Before any institution can start such work it must submit its Code to the National Animal Ethics Advisory Committee (NAEAC). If NAEAC thinks the Code is alright, it is then passed to the Director General of Agriculture and Forestry (MAF) for approval. Once approved, each Code is allowed to operate for no more than 5 years. Each Code can be renewed, but only if the institution demonstrates to an independent reviewer that it has been working within its Code and, in addition, that its Animal Ethics Committee has been working properly.

Some institutions, like schools and companies which use animals for scientific purposes to a limited extent, can approach large institutions like universities and make formal arrangements to abide by their Codes of Ethical Conduct. Once in place, these formal arrangements allow the school or company to submit all of their proposals to use animals in research, teaching or testing to that large institution’s Animal Ethics Committee for review.

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Animal Ethics Committees

Each institution must have an Animal Ethics Committee, the membership and responsibilities of which are prescribed in the Animal Welfare Act 1999 and detailed in the institution's Code of Ethical Conduct.

In addition to senior staff of the institution and animal care staff, there are three very important members of each Animal Ethics Committee. They are independent members who are watchdogs on behalf of animals and the public. There is a member of a recognised animal welfare organisation, a layperson nominated by the local authority, and a veterinarian nominated by the New Zealand Veterinary Association.

Among other things, the Animal Ethics Committee has the following responsibilities.

It must consider and, only if it is satisfied, approve all research, teaching and testing procedures before they begin.
It must assess any harm that may be done to the animals and how the scientists will keep that harm as low as possible (see Minimising the Harm Done to Animals Used in Science).
It must review the expected benefits of the work and how those benefits will be made as great as possible (see Benefits of Animal-Based Science).
It must decide on whether any harm will be outweighed by the benefits to a large enough extent to make it acceptable to do the work (see Balancing Harm and Benefit).
It must make sure that the training and experience of all people involved with the animals are of a high enough standard and cover the full range of skills required for the work.
It must be sure that the standards of animal care will be acceptable.
It must also ensure that the people doing the work know who is responsible for the day-to-day care of the animals and that emergency attention to the animals is speedily available at all times.

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Applications to do Animal-based Procedures

Every person wishing to conduct a research, teaching or testing procedure must first apply to, and receive approval for the proposed work from, their institution's Animal Ethics Committee. To do this they must make a formal written application to the Committee in which they provide all the information noted above (see Animal Ethics Committees above)

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Regular Critical Review of Animal Ethics Committees

Each institution's Code of Ethical Conduct is allowed to operate for no more than 5 years. Before it can be renewed, the institution must demonstrate to an independent reviewer that the way it conducts animal-based science has, to that point, followed its Code and reached acceptable national standards. To assess this, the independent reviewer assesses how well the institution's Animal Ethics Committee does its work, and whether the scientists and other staff are committed to following all animal ethics guidance and rules. The suitability of the independent reviewers is checked by the Ministry of Agriculture and Forestry (MAF), i.e. they are accredited by MAF.

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Heavy Penalties for Unacceptable Behaviour Towards Animals

Doing research, teaching or testing on animals outside the Codes of Ethical Conduct and Animal Ethics Committee system is forbidden by law. Anyone who does that can be fined up to $50,000 and/or sent to prison for up to 3 years, and an institution (Company, Institute, University) can be fined up to $250,000.

If animal-based scientists or their institutions break the rules when operating within the Codes of Ethical Conduct and Animal Ethics Committee system, the penalties are fines of up to $25,000 and/or 6 months imprisonment for individuals and fines of up to $125,000 for institutions. Any individual prosecuted successfully and penalised by the Courts for a serious breach of their institution's Code of Ethical Conduct would presumably also be sacked or banned by the institution from conducting animal-based procedures. In very serious cases an institution's Code of Ethical Conduct can be suspended or revoked, which would stop all of its animal-based science activities covered by that Code, not just those that led to the suspension or revocation. These heavy penalties show that animal welfare is taken seriously in New Zealand.

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Surveillance – Checking that Things are Done Properly

Watching to make sure that things are done properly when animals are used in research, teaching and testing is done in several ways.

There are three independent members of each Animal Ethics Committee. They are the watchdogs for the public to make sure that each ethics committee does its job properly. There is a member of a recognised animal welfare organisation, a layperson suggested by the local authority, and a veterinarian suggested by the New Zealand Veterinary Association. Their role is so important that they are given advice on how to do it well. This advice comes from ANZCCART (the Australian and New Zealand Council for the Care of Animals in Research and Teaching), the National Animal Ethics Advisory Committee, and from some of the organisations that suggested the three independent members. These organisations include the Royal (New Zealand) Society for the Prevention of Cruelty to Animals [R(NZ)SPCA] and the New Zealand Veterinary Association.

Colleagues of the animal-based scientists who actually conduct the work also have a role as watchdogs and are encouraged to report and discuss any matters of concern which may arise. A mechanism for reporting abuses, if any occur, is laid down in the Animal Welfare Act 1999.

Every 5 years there is also a compulsory independent review of how well the institution's Animal Ethics Committee does its work, and whether the scientists and other staff follow all animal ethics guidance and rules.

Finally, the National Animal Ethics Advisory Committee is responsible for making sure that the Codes of Ethical Conduct and Animal Ethics Committee system works properly, that all the safeguards for the public are effective, and that all parts of the system are kept up-to-date.

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Control of Animal Use in Science

they should behave honestly and responsibly;

the work they do must be worthwhile, i.e. it must be of value in helping animals or people in some way;

they must also make sure that the highest standards of animal care are used at all times.

The legally binding conditions which must be followed when animals are used in science in New Zealand are laid out in the Animal Welfare Act 1999 and deal with the following matters:

National Animal Ethics Advisory Committee

There must be a high-level national body which considers and advises on all matters to do with the use of animals in research, teaching and testing. This body takes into account many things, some of which are listed here.

The details of each institution’s Code of Ethical Conduct, to make sure that they meet the high standard required for approval.

Whether the ways we make sure that scientists and their institutions are following the Code of Ethical Conduct are working well or not.

Whether each Animal Ethics Committee is doing its job properly.

How animal use in science can be improved, both by finding better ways of decreasing any harm that might be done to the animals and by finding better ways of making sure that the benefits of the work are as great as they can be.

Whether the ways we look after the animals used in science are acceptable.

What people in New Zealand and overseas think are acceptable and unacceptable uses of animals in science, and how ideas about this are changing.

animal welfare advocacy

animal use in research, teaching and testing

biological, medical and veterinary sciences

commercial interests in research and testing

education

environmental and conservation management

ethical standards and conduct towards animals

other relevant matters.

Codes of Ethical Conduct

Animal Ethics Committees

It must consider and, only if it is satisfied, approve all research, teaching and testing procedures before they begin.

It must assess any harm that may be done to the animals and how the scientists will keep that harm as low as possible (see Minimising the Harm Done to Animals Used in Science).

It must review the expected benefits of the work and how those benefits will be made as great as possible (see Benefits of Animal-Based Science).

It must decide on whether any harm will be outweighed by the benefits to a large enough extent to make it acceptable to do the work (see Balancing Harm and Benefit).

It must make sure that the training and experience of all people involved with the animals are of a high enough standard and cover the full range of skills required for the work.

It must be sure that the standards of animal care will be acceptable.

It must also ensure that the people doing the work know who is responsible for the day-to-day care of the animals and that emergency attention to the animals is speedily available at all times.

Applications to do Animal-based Procedures

Regular Critical Review of Animal Ethics Committees

Heavy Penalties for Unacceptable Behaviour Towards Animals

Surveillance – Checking that Things are Done Properly

Watching to make sure that things are done properly when animals are used in research, teaching and testing is done in several ways.

Colleagues of the animal-based scientists who actually conduct the work also have a role as watchdogs and are encouraged to report and discuss any matters of concern which may arise. A mechanism for reporting abuses, if any occur, is laid down in the Animal Welfare Act 1999.

Every 5 years there is also a compulsory independent review of how well the institution's Animal Ethics Committee does its work, and whether the scientists and other staff follow all animal ethics guidance and rules.

Finally, the National Animal Ethics Advisory Committee is responsible for making sure that the Codes of Ethical Conduct and Animal Ethics Committee system works properly, that all the safeguards for the public are effective, and that all parts of the system are kept up-to-date.