Spraying by aircraft in 1964, peaked in 1967/1968 and is claimed to have ceased in 1971.

Analysis has only been done [by the author] in Phuoc Tuy province for the purposes of determining N. Z. troops exposure. Further analysis would be required for regions in which earlier Engineer and Artillery Units served. This may further reduce the number in the most likely to be exposed category.

6. Registered claimants in US Class Action Suit

At 2 January 1985 there were 502 persons registered as claimants in the Agent Orange Product Liability Litigation Suit MDL 381, Eastern District Court of New York, USA. The figure of 502 persons is about 20.2% of 2487 above.

It is acknowledged that not all persons affected by chemicals from service in Vietnam are registered claimants, for a variety of reasons. It is known that New Zealand Servicemen have filed claim within Australia, due to their residence there. How many, and to which country have they been accredited is not known. This fact prompted Mr Bill McMillan, Barrister, Brisbane, Australia, to meet with Mr Victor Johnson and others in January 1981.

Mr McMi1len was concerned at the high proportion of New Zealand Veterans residing in Australia registering as claimants in the Class Action Suit.

7. New Zealand Committal

New Zealand and Australian Infantry troops were likely to have been subjected to the heaviest exposure to chemicals in South Vietnam than troops of other nations.

During the war from 1961 to 1972, about 12% of South Vietnam was arially sprayed with herbicide chemicals,4 which is represented by about 3.6 million acres, some areas were subjected to more spraying programs than others. This is reflected in .96% of the land mass being sprayed four or mere times,5 about 34,560 acres.

The Australian and New Zealand forces served in many places in South Vietnam, the greater number in regions to the east and south-east of Saigon. During 1965 an artillery Battery was deployed at Bien Hoa. In 1966 it was moved to Phuoc Tuy Province. The Australians had established a Task Force base there.

An Infantry Company joined the Task Force in 1967 to form an ANZAC Battalion. New Zealand's military involvement grew further until 1970 when phase down started to occur, withdrawal of operational Units was completed in 1971. The main force of New Zealand troops were based in Phuoc Tuy Province under direct command of Australia, and were infantry and artillery units.

8. Chemical Agents

Spraying is known to have occurred in the Province of Phuoc Tuy from as early as 1962, with Agent Purple, no records were kept of such spraying along route 15. Later, the Province was subjected to spraying programs of undiluted chemicals amounting to 10.7 gallons per acre.

According to the herbs tapes printout, of the .96% landmass sprayed four or mare tires, 20 to 25% of it occurred in the area of Phuoc Tuy Province. The records have known discrepancies; also no record of backpack, truck, or helicopter spraying was ever maintained. The chemicals applied were, Agent Purple, Agent Orange, Agent White, Agent Blue, as well as a variety of other chemicals employed by the Australian Forces. Collation of available records have determined that New Zealand and Australian Veterans were in one of the most heavily defoliated area's of South Vietnam. Wide use of organophosphate insecticides occurred for mosquito and other insect control. Malathion (Maldison) was one of those chemicals, and aerially sprayed for mosquito control. Malathion is a relatively toxic substance to humans through inhibiting the cholinesterase enzymes. It is reported that repeated small exposures have a cumulative effect.

Outcome of exposure is that contact with very small amounts in the future can induce symptoms of acute poisoning e.g., anxiety, weakness, diarrhea, elevated blood pressure, nausea and other effects. Apart from these symptoms, chronic exposure to organophosphates such as malathion is reported to produce depressive and mental disorientation.

9. US Congress legislation

U.S. Congress passed legislation in October 1984 recognizing that symptoms of exposure to Dioxin, a contaminant of 2,4,5-T, are Chloracne, and Porphyria Cutanea Tarda. A cancer disease, sarcoma of the soft tissue was deleted in the final draft of the legislation Bill. However, an Australian Repatriation Review Tribunal ruled that a Mr C. P. Simpsons (deceased) malignant Lymphoma was allegedly attributable to War Service in Vietnam.

Introducing other Agent Orange Legislation, Senator Thomas Daschle on introducing a Bill in 1981, made the following statement, supported by 74 Senators "Concern about the effects of exposure to Agent Orange, and other herbicides are shared by Veterans from Australia and New Zealand, Similar to their American counterparts, Australian and New Zealand Veterans have organized and are lobbying their respective Governments in addition to disseminating educational material to the general public.

In his submission the Senator makes pointed reference to a report from the U.S. House Inter-Agency Work Group commenting on five scientific studies in Europe. "That despite the studies limitations, they do show a correlation between exposures to phenoxy acid herbicides and an increased risk of developing soft tissue tumors or malignant lymphomas..".

10. US Committee on Oversights and Investigation

An unpublished report compiled by the House Interstate and Foreign Commerce Committee on Oversights and Investigations of 1981 severely chastised and scathingly criticized some groups who were involved in the Agent Orange controversy from the out set. Those who came under direct fire were the U .S. Veterans Administration Department; the Pentagon; the Inter-Agency Work Group; and Dow Chemical.

The Veterans Administration was accused of denying Veterans claims while declining to specify what level of scientific certainty was required to establish the connection between Agent Orange and ill health effects. The report recommended that the Veterans Administration stop denying Agent Orange claims, an action referred to as being 'unsupportable'.

The report also accused the United States Defence Department of having continued using Agent Orange widely during the war after a White House directive to phase out operations. Such directive was in light of the fact that new and scientific data had verified that problems existed with Agent Orange.

11. New Zealand Veterans Health

In the early 1980's it became increasingly apparent that New Zealand Vietnam Veterans were not only struck with the same medical problems as their peers overseas, the problems were severe. The problems are in far greater depth and complexity than at first realised. Individuals are stricken with cancers, tumors, severe nervous disorders, skin diseases, effects on the senses, and deformities among children.

Unconfirmed reports allege that Veterans in New Zealand were being asked to sign a document disclaiming any association between their medical condition and chemicals, before being granted a war pension. This was alleged to have been occurring about 1981.

Various Ministers of two New Zealand Governments have continually stated they prefer to await results of overseas studies. The New Zealand Veteran population was too small to enable a study to be effectively carried out within New Zealand they claim. A private members Bill sought to provide for a health inquiry among New Zealand Veterans. A member of the opposition put it to the House of Parliament in April 1983.

An Australian study on Congenital Abnormalities was referred to by a member of the Government in speaking against the Bill's introduction. Australian authorities had only just released the study.

Scientists have been engaged in researching the health effects of 2,4, 5-T and the dioxin contaminant for a number of years. Some studies establish a cause and effect relationship using laboratory test animals. Other studies record no cause and effect relationship, hence scientist argues against Scientist.

Every study is measured for its methodology to determine validity of results and findings. The results, and measures of validity, are used by supporters and opponents to the claims of alleged health effects in persuading others to accept their particular stand.

Using the Australian Study on Congenital Abnormalities during debate, persuasion was applied to defeat the Bill. The report was cited by the then Minister in Charge of War Pensions. Members of Parliament were persuaded that '...(the report) concludes there is no evidence that Army Service has increased the risk of birth of a child with an anomaly (birth defect)...'. The Minister went further '... I am delighted that is so, because at least it puts away the false hope that many such fathers hold - that their service in Vietnam might be the cause of their babies abnormality...'.

The Minister used further persuasion by saying that he did not just accept the report, he had given instructions to the effect that official advisors from the Ministry of Defence, the Department of Health, and the War Pensions division of the Department of Social Welfare should study the report and obtain opinion of our scientists as to whether it is scientifically valid? The Bill was defeated by one vote.

Using the Australian study in this debate exceeded the ethical limits of persuasion because the report should not have been tabled until measured for validity. In 1984 two Canadian Scientists measured the study as being invalid. They stated the report was deserving of special attention.

Firstly because it is an example of inappropriate study design, and secondly because it was being used as evidence for a lack of relationship between birth defects and paternal exposure to herbicides. Their measure of the study highlighted design flaws, and they said that the comparisons used for the study was an invalid test of the relationship between herbicide exposure and birth defects.

Fortunately, the Scientists stated, sufficient data was contained in the Australian study report to enable a comparison. In their analysis of data, the observed number of malformations among Vietnam Veterans was 25% greater than the expected number of malformations based on the population-adjusted rate of malformations among Veterans without Vietnam Service.

12. International Correlation

In the early 1960's Scientists sought to persuade U.S. Presidents against using chemicals in Vietnam. Military advisors and chemical industries persuaded otherwise.

Almost twenty years later, discovery of documents turned up minutes of a secret meeting among rival Chemical Companies in 1965. One Company (Dow) warned its rivals of a dangerous contaminant in one of the chemicals, Dioxin, which arises in 2,4,5-T during the manufacturing process.

The conclusion of the meeting was to conceal knowledge of the contaminant from the U.S. Government. The persuasive argument was to prevent regulations being imposed on the industry. Dioxin is the deadliest toxic poison known to man.

In May 1984 seven chemical companies made the largest Out of Court Settlement in U.S. history, to Vietnam Veterans who had filed Suit alleging health damage.

A clause was written into the settlement document, 'defendant Companies denied all liability'. The Veterans had contended that the contaminant of Agent Orange, Dioxin, was responsible for a varying range of health disorders and birth defects.

While denial exists, and scientists argue against scientists the U.S. Environmental Protection Agency has finally barred the agricultural chemical 2,4, 5-T in 1985. Restrictions in the United States against 2,4,5-T first cane into force in 1970 after reports linked the chemical with birth defects in animals.

Further studies showed that the dioxin contaminant of 2,4,5-T was associated with birth defects, miscarriages and cancer. The E.P.A. imposed tighter controls in 1979 in response to the studies findings.

Two years ago, after the giant Dow Chemical Company withdrew from defending an action to cancel all remaining uses of the chemical, the EPA moved to cancel all registrations or licences for the weed killers.

A judge later upheld the agencies decision, ruling that no commercial defender of the chemical "is prepared to assure the requisite statutory burden of demonstrating on the record that such end uses satisfy the statutory standard for registration". Adverse effects on animals in laboratory tests is normally considered as sufficient evidence to prevent the product tested from being introduced where damage to human health is likely to occur.

13. Vietnamese Studies

Research and studies within Vietnam provide a link between Agent Orange (2,4, 5-T) and health damage.

Many different types of malformations were found to occur in the children of mothers or fathers exposed to herbicides. It is very important to note that the birth defects reported with the highest frequency in the exposed versus control groups, were the same defects found to be associated with 2,4, 5-T in animal experiments. These defects include muscular and skeletal deformities such as cleft palate, hair lip, and missing limbs, or the incomplete closure of embryonic tissue resulting in neuro and spinal defects.

Many other such study results were presented to a panel of scientists from 21 Countries who were invited to a conference in Vietnam during January 1983

14. Conclusion

The U.S. District Court Eastern District of New York indicated that there has been no causal relationship between Agent Orange exposure and any significant health problems. There is evidence to the contrary. It must be realised that the matter between chemical companies and veterans was not tried in Court.

Within New Zealand not one veteran who has served in other Asian Countries, other than Vietnam, has come forward with medical problems like that of Vietnam veterans and their children.

15. References

NOTE: The full reference bibliography will be completed as time permits with this voluntary work.