Human Assisted Reproductive Technology Act 2004

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)

(1)

This section restricts then prohibits storage, manipulation, and use of a human in vitro gamete or a human in vitro embryo (being an embryo whose development has been suspended) that has been stored for the applicable period.

(2)

For a 6-month period starting with the expiry of the applicable period, any person may store for disposal or dispose of, but no person may in any other way store, manipulate, or use, the gamete or embryo.

(3)

After that 6-month period, no person may for any purpose store, manipulate, or use the gamete or embryo.

(4)

Applicable period, in this section and sections 10A to 10D, and in relation to the gamete or embryo, means—

(a)

a period of 10 years starting when storage of the gamete or embryo began; or

(b)

if the ethics committee has, under section 10A, approved in respect of the gamete or embryo 1 or more extensions, means that 10-year period and all of those extensions.

(5)

In calculating, for the purposes only of this section, the period for which a human in vitro gamete or a human in vitro embryo has been stored, any storage of that gamete or embryo before 22 November 2004 must be disregarded.

(6)

In calculating, for the purposes only of this section, the period for which a human in vitro embryo has been stored, that period must be treated as including any storage on or after 22 November 2004 of the only stored, or the (or any one of the) longest stored, human in vitro gamete or gametes (if any) used in that embryo’s creation.

(7)

In calculating, for the purposes only of this section, whether a gamete or embryo has been stored for the applicable period, storage of that gamete or embryo, or of a gamete used in creating that embryo, must be included even if it occurred outside New Zealand.

(8)

This section is not limited by, and does not limit, provisions of subpart 2 of this Part that apply to storage—

(a)

of an in vitro human gamete or an in vitro human embryo; and

(b)

that is, or is part of, any assisted reproductive procedure or human reproductive research.

(9)

Every person commits an offence who contravenes this section and is liable on conviction to a fine not exceeding $20,000.

Section 10: substituted (with effect on 22 November 2004), on 16 October 2010, by section 5 of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).

Section 10(9): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).