Human Assisted Reproductive Technology Act 2004

9 Duty to stop development of in vitro human or hybrid embryos

(1)

This section applies to an in vitro human embryo or an in vitro hybrid embryo that has been artificially formed (whether in New Zealand or elsewhere).

(2)

Every person commits an offence who, knowing that the embryo has been developing after the specified day, intentionally—

(a)

imports the embryo into New Zealand or exports the embryo from New Zealand; or

(b)

does anything,—

(i)

in the case of a human embryo, to cause the further development of the embryo outside the body of a human being; or

(ii)

in the case of a hybrid embryo, to cause the further development of the embryo; or

(c)

possesses the embryo with a view to using it in human reproductive research or for reproductive purposes; or

(d)

uses the embryo in human reproductive research or for reproductive purposes.

(3)

Every provider and every person responsible for an activity approved by the ethics committee commits an offence who fails to take all practicable steps to ensure that subsection (2) is not contravened.

(4)

For the purposes of this section, specified day means,—

(a)

in relation to a human embryo, the 14th day after its formation (exclusive of any day during which the development of the embryo is suspended); and

(b)

in relation to a hybrid embryo, the 14th day after its formation (exclusive of any day during which the development of the embryo is suspended) or the day on which the primitive streak appears, whichever is the earlier.

(5)

Every person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $100,000, or both.

(6)

Every person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $50,000.

Section 9(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).