New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 16 October 2010
| Public Act | 2004 No 92 |
| Date of assent | 21 November 2004 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
6 Procedures or treatments may be declared to be established procedures
Part 2
Prohibited and regulated activities
9 Duty to stop development of in vitro human or hybrid embryos
10 Restriction and prohibition on further storage of human in vitro embryos and human in vitro gametes stored for applicable period (10 years and extensions)
10A Ethics committee may approve extensions
10B Giving of approval under section 10A
10C Changing of approval under section 10A
10D Cancellation of approval under section 10A
11 Restrictions on sex selection of human embryos
12 Restriction on obtaining gametes from minors
13 Commercial supply of human embryos or human gametes prohibited
14 Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements
15 Advertising for illegal action prohibited
Subpart 2—Activities requiring approval of ethics committee
Activities to proceed only in accordance with approvals and regulations
16 Assisted reproductive procedures and human reproductive research only to proceed with prior approval
17 Approved activities must proceed in accordance with applicable conditions and regulations
Matters to be considered and decided by ethics committee
19 Approval of assisted reproductive procedure or research
20 Person responsible for activity
21 Ethics committee may change conditions
22 Ethics committee may cancel approval
23 If approval cancelled, activity must be stopped
Moratorium for particular forms of assisted reproductive procedure or human reproductive research
24 Moratorium may be imposed on forms of assisted reproductive procedure or human reproductive research
25 Committee must not consider applications for approvals subject to moratorium
26 Offence to perform procedures or conduct research subject to moratorium
Designation and functions of ethics committee
27 Designation of ethics committee
28 Functions of ethics committee
Duties of ethics committee in relation to advisory committee
29 Ethics committee must operate expeditiously and in accordance with guidelines of advisory committee
30 Advisory committee to be informed of approvals
Presentation and publication requirements
31 Information about ethics committee must be made public
Establishment, appointments, and functions
32 Advisory committee must be established
33 Number of members and procedure
35 Functions of advisory committee
36 Advisory committee to publish and notify guidelines
37 Advisory committee to provide specific advice in respect of human reproductive research
38 Advisory committee to provide specific advice in respect of human assisted reproductive technology
39 Advisory committee to call for and consider submissions before giving significant advice
40 Public meetings on proposed significant advice
Presentation and publication requirements
42 Information about advisory committees to be made public
Part 3
Information about donors of donated embryos or donated cells and donor offspring
44 Provisions not applicable to all information
Duties of keepers of information when information requests are made
45 Duty to ensure that person requesting information is authorised
46 Providers must give advice to prospective donors and prospective guardians
47 Providers must obtain and accept information about donors
48 Providers and Registrar-General must keep information about donors
49 Access by donors to information about them kept by providers
50 Access by donor offspring to information about donors kept by providers and Registrar-General
51 Restriction on access to information about donors
Information about donor offspring
52 Providers must keep track of donor offspring births
53 Providers must notify Registrar-General of donor offspring births
54 Providers must give Registrar-General corrected information
55 Registrar-General and providers must keep information about donor offspring
56 Providers to accept updated and corrected information about donor offspring
57 Access by donor offspring to information about them kept by providers or Registrar-General
58 Access to information about siblings of donor offspring
59 Donor offspring 18 years or older may consent to disclosure of identifying information to donor
60 Access by donors to information about donor offspring kept by providers
61 Access by donors to information about donor offspring kept by Registrar-General
62 Restriction on disclosure of information about donor offspring
63 Voluntary register to be maintained by Registrar-General
64 Application of this Part to section 63
Court orders deeming certain donor offspring to be 18
65 Family Court may confer certain rights on donor offspring aged 16 or 17
Application of Privacy Act 1993
66 Application of Privacy Act 1993
Part 4
Enforcement and miscellaneous provisions
67 Matters to be ascertained by authorised persons
68 Powers of authorised persons
70 Identification of authorised person
71 Notice requirements when place entered
72 Disposal of property seized
73 Detection of import and export offences
74 Exclusion of liability of authorised persons, Customs officers, and assistants
75 Offences related to inspections and searches
77 Liability of employers, principals, and directors
79 Director-General of Health to be advisory committee pending its establishment [Repealed]
80 Health and Disability Services (Safety) Act 2001 applies to fertility services
81 Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period
82 Approval of standards during interim period
83 Provisions to be treated as guidelines in interim period
84 Availability of interim standards and guidelines
Amendments to other enactments
85 Amendment to Customs and Excise Act 1996
86 Amendment to Medicines Act 1981
87 Amendment to Summary Proceedings Act 1957
