Reprint as at 1 March 2016

Coat of Arms of New Zealand

Human Tissue Act 2008

Public Act
 
2008 No 28
Date of assent
 
18 April 2008
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 Health.

Contents

1Title
2Commencement
3Purpose of this Act
4Overview of this Act
5Overviews of use for certain purposes of certain tissue
6Interpretation
7Human tissue defined and illustrated
8How Act applies to foetal tissue not subject to Code
9Informed consent, informed objection, and overriding objection defined
10Close available relative defined
11When people not available for purposes of Act
12Responsible person defined
13Act binds the Crown
14Duty of person proposing to collect or use tissue
15Responsible person must help if consulted
16Act does not require collection or use
17Person justified in deciding not to collect or use tissue
18Person collecting or using tissue must take into account cultural and spiritual needs, values, and beliefs
19Collection or use for which informed consent required
20Informed consent not required for collection or use for specified purposes
21Other laws, and lawfulness of use, etc, not affected
22Collection or use without informed consent
23Donor analysis, etc, without informed consent
24Use for secondary purpose after donors’ deaths without informed consent
25Affirmative defence for informed consent offences
26Person 16 years old or older assumed to be capable
27Consent or objection assumed to be free and informed
28Person assumed to have taken into account immediate family’s cultural and spiritual needs, values, and beliefs
29When consent or objection on behalf of immediate family may be assumed to comply with section 40
30Death does not affect consent, objection, or nomination
31Who is entitled to give informed consent to collection or use for general purposes
32Who is entitled to give informed consent to collection or use for anatomical examination or public display
33Who is entitled to give informed consent to collection or use for donor analysis
34Who is entitled to give informed consent to use for secondary purpose after donor’s death
35Nominees do not exist or are not available, or it is not practicable to ascertain whether decision made
36Immediate family: procedure when it is not practicable to ascertain whether decision made on its behalf
37Capacity to give or raise or make, etc, consent, objection, or nomination, etc
38Consent or objection given or raised or made, etc, on behalf of another
39Nominations and consent or objections by nominees
40Consent or objection on behalf of immediate family
41Close available relative may raise overriding objection
42Duty to take into account immediate family’s cultural and spiritual needs, values, and beliefs
43Form of consent, objection, or nomination
44Written consent or objection on behalf of immediate family may include details of consultation, etc
45Amendment, etc, of consent, objection, or nomination
46Consent, objections, nominations, etc, may be recorded in national organ and tissue donor register
47Standards for collection or use of human tissue for non-therapeutic purposes
48Restriction on collecting or using tissue if official post-mortem or inquiry directed or opened
49Post-mortems must be performed by, or in accordance with instructions of, medical practitioners
50Collection only by qualified person after examination
51Anatomical examination and certain public display of body of person under 16 years prohibited
52Anatomical examinations must usually be performed at schools of anatomy
53Anatomical examinations outside schools of anatomy
54Duty of those performing post-mortems or anatomical examinations, or collecting tissue from bodies
55Interpretation
56Trading in human tissue generally prohibited
57Collection of blood or controlled human substance
58Consideration not generally to be provided for collection of blood or controlled human substance for administration to another person
59Person administering blood or controlled human substance not to charge recipient for its collection or use
60Exemptions
61Advertising prohibited
62Liability of employers, principals, and directors
63Appointed entities to collect and distribute blood and controlled human substances
64Exemption from Part 2 of Commerce Act 1986
65Protection of appointed entities
66Standards, etc, for export and import of human tissue
67Matters to be ascertained by authorised persons
68Powers of authorised persons
69Entry of dwellinghouses and marae
70Identification of authorised person [Repealed]
71Notice requirements when place entered [Repealed]
72Disposal of property seized
73Obstructing inspections, etc, by authorised persons
74Regulations prescribing or approving quality, safety, and other standards for collection or use of human tissue for non-therapeutic purposes
75Regulations prescribing or approving requirements and quality, safety, and other standards for export and import of human tissue
76Regulations may incorporate standards by reference
77Orders authorising establishment of schools of anatomy
78Regulations establishing or recognising national organ and tissue donor register
79Regulations prescribing form of search warrant [Repealed]
80Appointment
81Term of office
82Removal of inspectors who are not members of police
83Directions to inspectors
84Inspectors must report irregularities
85Inspectors may visit and inspect school
86Disclosure to ascertain medical suitability and whether consent required for use has been, or may be, given
87Land Transport Act 1998 amended
28BTransitional provision for driver licences showing organ donor information about holders, etc
88Land Transport (Driver Licensing) Rule 1999 amended
89Commencement of sections 87 and 88
90Interpretation
91Regulations
92Consequential amendments
93Repeals
94Exemptions under section 92E(1) of Health Act 1956
95Entities appointed under Health Act 1956 to collect and distribute blood and controlled human substances
96Schools of anatomy and inspectors of them
97Existing holdings of human tissue
Reprint notes

The Parliament of New Zealand enacts as follows: