Human Assisted Reproductive Technology Act 2004

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Human Assisted Reproductive Technology Act 2004

Public Act
 
2004 No 92
Date of assent
 
21 November 2004
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Purposes
4Principles
5Interpretation
6Procedures or treatments may be declared to be established procedures
7Act binds the Crown
8Prohibited actions
9Duty to stop development of in vitro human or hybrid embryos
10Restriction and prohibition on further storage of human in vitro embryos and human in vitro gametes stored for applicable period (10 years and extensions)
10AEthics committee may approve extensions
10BGiving of approval under section 10A
10CChanging of approval under section 10A
10DCancellation of approval under section 10A
11Restrictions on sex selection of human embryos
12Restriction on obtaining gametes from minors
13Commercial supply of human embryos or human gametes prohibited
14Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements
15Advertising for illegal action prohibited
16Assisted reproductive procedures and human reproductive research only to proceed with prior approval
17Approved activities must proceed in accordance with applicable conditions and regulations
18Applications for approval
19Approval of assisted reproductive procedure or research
20Person responsible for activity
21Ethics committee may change conditions
22Ethics committee may cancel approval
23If approval cancelled, activity must be stopped
24Moratorium may be imposed on forms of assisted reproductive procedure or human reproductive research
25Committee must not consider applications for approvals subject to moratorium
26Offence to perform procedures or conduct research subject to moratorium
27Designation of ethics committee
28Functions of ethics committee
29Ethics committee must operate expeditiously and in accordance with guidelines of advisory committee
30Advisory committee to be informed of approvals
31Information about ethics committee must be made public
32Advisory committee must be established
33Number of members and procedure
34Appointment of members
35Functions of advisory committee
36Advisory committee to publish and notify guidelines
37Advisory committee to provide specific advice in respect of human reproductive research
38Advisory committee to provide specific advice in respect of human assisted reproductive technology
39Advisory committee to call for and consider submissions before giving significant advice
40Public meetings on proposed significant advice
41Requirement to consult
42Information about advisory committees to be made public
43No retroactive application
44Provisions not applicable to all information
45Duty to ensure that person requesting information is authorised
46Providers must give advice to prospective donors and prospective guardians
47Providers must obtain and accept information about donors
48Providers and Registrar-General must keep information about donors
49Access by donors to information about them kept by providers
50Access by donor offspring to information about donors kept by providers and Registrar-General
51Restriction on access to information about donors
52Providers must keep track of donor offspring births
53Providers must notify Registrar-General of donor offspring births
54Providers must give Registrar-General corrected information
55Registrar-General and providers must keep information about donor offspring
56Providers to accept updated and corrected information about donor offspring
57Access by donor offspring to information about them kept by providers or Registrar-General
58Access to information about siblings of donor offspring
59Donor offspring 18 years or older may consent to disclosure of identifying information to donor
60Access by donors to information about donor offspring kept by providers
61Access by donors to information about donor offspring kept by Registrar-General
62Restriction on disclosure of information about donor offspring
63Voluntary register to be maintained by Registrar-General
64Application of this Part to section 63
65Family Court may confer certain rights on donor offspring aged 16 or 17
66Application of Privacy Act 1993
67Matters to be ascertained by authorised persons
68Powers of authorised persons
69Entry of dwellinghouses
70Identification of authorised person [Repealed]
71Notice requirements when place entered [Repealed]
72Disposal of property seized
73Detection of import and export offences
74Exclusion of liability of authorised persons, Customs officers, and assistants
75Offences related to inspections and searches
76Regulations
77Liability of employers, principals, and directors
78Fees
79Director-General of Health to be advisory committee pending its establishment [Repealed]
80Health and Disability Services (Safety) Act 2001 applies to fertility services
81Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period
82Approval of standards during interim period
83Provisions to be treated as guidelines in interim period
84Availability of interim standards and guidelines
85Amendment to Customs and Excise Act 1996
86Amendment to Medicines Act 1981
87Amendment to Summary Proceedings Act 1957
[Repealed]
Reprint notes