Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750232273.pdf (New Zealand)
Reprint as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Public Act Date of assent Commencement 2004 No 92 21 November 2004 see section 2 Contents Title Commencement Part 1 Preliminary provisions Purposes Principles Interpretation Procedures or treatments may be declared to be established procedures Act binds the Crown Part 2 Prohibited and regulated activities Subpart 1—Prohibited actions Prohibited actions Page 6 6 6 7 7 11 11 12 Note 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.
1 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Duty to stop development of in vitro human or hybrid embryos Human in vitro embryos and human in vitro gametes not to be stored for more than 10 years Restrictions on sex selection of human embryos Restriction on obtaining gametes from minors Commercial supply of human embryos or human gametes prohibited Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements Advertising for illegal action prohibited Subpart 2—Activities requiring approval of ethics committee Activities to proceed only in accordance with approvals and regulations Assisted reproductive procedures and human reproductive research only to proceed with prior approval Approved activities must proceed in accordance with applicable conditions and regulations Matters to be considered and decided by ethics committee Applications for approval Approval of assisted reproductive procedure or research Person responsible for activity Ethics committee may change conditions Ethics committee may cancel approval If approval cancelled, activity must be stopped Moratorium for particular forms of assisted reproductive procedure or human reproductive research Moratorium may be imposed on forms of assisted reproductive procedure or human reproductive research Committee must not consider applications for approvals subject to moratorium Offence to perform procedures or conduct research subject to moratorium Designation and functions of ethics committee Designation of ethics committee Functions of ethics committee Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Duties of ethics committee in relation to advisory committee 29 30 Ethics committee must operate expeditiously and in accordance with guidelines of advisory committee Advisory committee to be informed of approvals Presentation and publication requirements
 31 Information about ethics committee must be made public Subpart 3—Advisory committee Establishment, appointments, and functions 32 33 34 35 36 37 38 39 40 41 Advisory committee must be established Number of members and procedure Appointment of members Functions of advisory committee Guidelines and advice Advisory committee to publish and notify guidelines Advisory committee to provide specific advice in respect of human reproductive research Advisory committee to provide specific advice in respect of human assisted reproductive technology Advisory committee to call for and consider submissions before giving significant advice Public meetings on proposed significant advice Requirement to consult 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 Application No retroactive application Provisions not applicable to all information Duties of keepers of information when information requests are made Duty to ensure that person requesting information is authorised 43 44 45 25 25 25 26 26 26 28 29 30 30 30 31 31 32 32 33 33 3 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Advice to prospective donors Providers must give advice to prospective donors and prospective guardians Information about donors Providers must obtain and accept information about donors Providers and Registrar-General must keep information about donors Access by donors to information about them kept by providers Access by donor offspring to information about donors kept by providers and Registrar-General Restriction on access to information about donors Information about donor offspring Providers must keep track of donor offspring births Providers must notify Registrar-General of donor offspring births Providers must give Registrar-General corrected information Registrar-General and providers must keep information about donor offspring
 Providers to accept updated and corrected information about donor offspring Access by donor offspring to information about them kept by providers or Registrar-General Access to information about siblings of donor offspring Donor offspring 18 years or older may consent to disclosure of identifying information to donor Access by donors to information about donor offspring kept by providers Access by donors to information about donor offspring kept by Registrar-General Restriction on disclosure of information about donor offspring Voluntary register to be maintained by Registrar-General Application of this Part to section 63 Court orders deeming certain donor offspring to be 18 Family Court may confer certain rights on donor offspring aged 16 or Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Application of Privacy Act 1993 66 Application of Privacy Act 1993 Part 4 Enforcement and miscellaneous provisions Enforcement Matters to be ascertained by authorised persons Powers of authorised persons Entry of dwellinghouses Identification of authorised person Notice requirements when place entered Disposal of property seized Detection of import and export offences Exclusion of liability of authorised persons, Customs officers, and assistants Offences related to inspections and searches Miscellaneous provisions Regulations Liability of employers, principals, and directors Fees Transitional provisions Director-General of Health to be advisory committee pending its establishment Health and Disability Services (Safety) Act 2001 applies to fertility services Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period Approval of standards during interim period Provisions to be treated as guidelines in interim period Availability of interim standards and guidelines
 Amendments to other enactments Amendment to Customs and Excise Act 1996 Amendment to Medicines Act 1981 Amendment to Summary Proceedings Act 1957 Schedule 1 Prohibited actions Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Schedule 2 Form of search warrant 62 Title This Act is the Human Assisted Reproductive Technology Act 2004.
Commencement Part 1, subpart 1 of Part 2, the provisions of section 67 (other than subsection (2)(c)(ii) to (v)), sections 68 to 75, the pro- visions of section 76(1), sections 77, 79 to 85, and 87, and Schedules 1 and 2 come into force on the day after the date on which this Act receives the Royal assent.

The rest of this Act comes into force on the expiry of 9 months after the date on which it receives the Royal assent.
Part 1 Preliminary provisions Purposes This Act has the following purposes: (a) to secure the benefits of assisted reproductive proced- ures, established procedures, and human reproductive research for individuals and for society in general by taking appropriate measures for the protection and pro- motion of the health, safety, dignity, and rights of all individuals, but particularly those of women and chil- dren, in the use of these procedures and research: to prohibit unacceptable assisted reproductive proced- ures and unacceptable human reproductive research: to prohibit certain commercial transactions relating to human reproduction: to provide a robust and flexible framework for regulat- ing and guiding the performance of assisted reproduc- tive procedures and the conduct of human reproductive research: to prohibit the performance of assisted reproductive procedures (other than established procedures) or the (b) (c) (d) (e) s 1 1 2 (1) (2) 3 6 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 1 s 5 (f) conduct of human reproductive research without the continuing approval of the ethics committee: to establish a comprehensive information-keeping regime to ensure that people born from donated em- bryos or donated cells can find out about their genetic origins.
4 Principles All persons exercising powers or performing functions under this Act must be guided by each of the following principles that is relevant to the particular power or function: (a) the health and well-being of children born as a result of the performance of an assisted reproductive procedure or an established procedure should be an important con- sideration in all decisions about that procedure: the human health, safety, and dignity of present and fu- ture generations should be preserved and promoted: while all persons are affected by assisted reproductive procedures and established procedures, women, more than men, are directly and significantly affected by their application, and the health and well-being of women must be protected in the use of these procedures: no assisted reproductive procedure should be performed on an individual and no human reproductive research should be conducted on an individual unless the indi- vidual has made an informed choice and given informed consent: donor offspring should be made aware of their genetic origins and be able to access information about those origins: the needs, values, and beliefs of Māori should be con- sidered and treated with respect: the different ethical, spiritual, and cultural perspectives in society should be considered and treated with respect.
(b) (c) (d) (e) (f) (g) 5 Interpretation In this Act, unless the context otherwise requires,— advisory committee means the committee established under section 32 7 Part 1 s 5 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 approval, in relation to the ethics committee, means an ap- proval given by the ethics committee under section 19 assisted reproductive procedure or procedure— (a) means a procedure performed for the purpose of assist- ing human reproduction that involves— (i) (ii) the creation of an in vitro human embryo; or the storage, manipulation, or use of an in vitro human gamete or an in vitro human embryo; or the use of cells derived from an in vitro human embryo; or the implantation into a human being of human gametes or human embryos; but (iii) (iv) does not include an established procedure (b) authorised person— (a) means a person authorised in writing by the Director- General of Health to enter and inspect premises for the purposes of this Act; and includes the Director-General of Health (b) cloned embryo means a human embryo that is a genetic copy (whether identical or not) of a living or dead human being, a still-born child, a human embryo, or a human foetus Customs officer has the same meaning as in section 2(1) of the Customs and Excise Act 1996 donated cell means the whole or part of an in vitro human gamete or other in vitro human cell that is donated for repro- ductive purposes donated embryo means an in vitro human embryo that is do- nated for reproductive purposes donor means a person from whose cells a donated embryo is formed or from whose body a donated cell is derived; and,— in relation to a donor offspring, means the donor or (a) donors of a donated embryo or a donated cell from which the donor offspring was formed; and in relation to an embryo that is a donated embryo or is formed from a donated cell, means the donor or donors of that donated embryo or donated cell; and (b) 8 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act
 2004 Part 1 s 5 (c) in relation to a provider, means the donor or donors of a donated embryo or a donated cell used or available for use in a service performed or arranged by the provider donor offspring,— (a) in relation to a donor, means a person formed from a do- nated embryo, or a donated cell, that is derived wholly or partly from the donor’s body; and in relation to a provider, means a person formed from a donated embryo or a donated cell used in a service performed or arranged by the provider (b) embryo includes a zygote and a cell or a group of cells that has the capacity to develop into an individual; but does not include stem cells derived from an embryo established procedure means any procedure, treatment, or application declared to be an established procedure under sec- tion 6 ethics committee means the committee designated under sec- tion 27 gamete means— (a) (b) an egg or a sperm, whether mature or not; or any other cell (whether naturally occurring or artifi- cially formed or modified) that— (i) contains only 1 copy of all or most chromosomes; and is capable of being used for reproductive pur- poses (ii) guardian, in relation to a donor offspring, means the donor offspring’s guardian within the meaning of the Guardianship Act 1968 human reproductive research means research that uses or creates a human gamete, a human embryo, or a hybrid embryo hybrid embryo means an embryo that is formed— (a) by fusing a human gamete with a non-human gamete; or by fusing or compacting a cell of a human embryo with the cell of a non-human embryo; or by fusing or compacting a cell or cells of a human em- bryo with the cell or cells of another human embryo; or (b) (c) 9 Part 1 s 5 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (d) (e) by transferring the nucleus of a human cell into a non- human egg or a non-human embryo; or by transferring the nucleus of a non-human cell into a human egg or a human embryo identifying information, in
 relation to any person, means that person’s name, address, or contact details; and includes any information that is likely to enable another person to ascertain that person’s name, address, or contact details implant includes insert into and inject into in vitro, in relation to an embryo, a foetus, gamete, or cell means an embryo, a foetus, gamete, or cell that is outside a living organism Minister means the Minister of Health person responsible, in relation to an activity approved by the ethics committee, means the person for the time being ap- proved under section 20 provider— (a) means a person who, in the course of a business (whether or not carried on with a view to making a profit), performs, or arranges the performance of, ser- vices in which donated embryos or donated cells are used; and includes a successor provider (b) Registrar-General means the person for the time being ap- pointed to that office under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 still-born child has the meaning given to it by section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 successor provider means the successor, receiver, or liquid- ator of any provider or successor provider surrogacy arrangement means an arrangement under which a woman agrees to become pregnant for the purpose of surren- dering custody of a child born as a result of the pregnancy valuable consideration includes an inducement, discount, or priority in the provision of a service.
10 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 1 s 7 Section 5 Registrar-General: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 5 still-born child: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
6 (1) (2) Procedures or treatments may be declared to be established procedures The Governor-General may, by Order in Council made on the recommendation of the Minister given after advice tendered by the advisory committee, declare any of the following to be an established procedure for the purposes of the definition of assisted reproductive procedure in section 5: (a) (b) (c) a medical, scientific, or technical procedure: a medical treatment: an application of a medical, scientific, or technical pro- cedure: an application of a medical treatment.
(d) In tendering advice to the Minister, under subsection (1), about a procedure or treatment, the advisory committee must provide the Minister with a report that sets out the following: information about the procedure or treatment: (a) an assessment, drawn from published and peer reviewed (b) research, of the known risks and benefits to health of the procedure or treatment: advice as to whether, in its expert opinion, the known risks to health of the procedure or treatment fall within a level of risk that is acceptable in New Zealand: an ethical analysis of the procedure or treatment: advice as to whether, in its expert opinion, the Minister should recommend that the procedure or treatment be declared an established procedure.
(d) (e) (c) (3) Promptly after providing the Minister with a report under sub- section (2), the chairperson of the advisory committee must ensure that the report is published on the Internet.

7 Act binds the Crown This Act binds the Crown.


11 Part 2 s 8 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Part 2 Prohibited and regulated activities Subpart 1—Prohibited actions 8 (1) (2) (3) Prohibited actions Every person commits an offence who takes an action de- scribed in Schedule 1.
Every person commits an offence who, knowing that an in vitro gamete, an in vitro embryo or an in vitro foetus, or an in vitro being has been formed by an action described in Schedule 1, imports into, or exports from, New Zealand that in vitro gamete, in vitro embryo, in vitro foetus, or in vitro being.
Every person commits an offence who, knowing that a gamete, an embryo or foetus, or a being has been formed by an ac- tion described in Schedule 1, possesses, without reasonable excuse, that gamete, embryo, foetus, or being.

(4) A person who commits an offence against this section is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine not exceeding $200,000, or both.
Duty to stop development of in vitro human or hybrid embryos 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).
Every person commits an offence who, knowing that the em- bryo has been developing after the specified day, intention- ally— (a) imports the embryo into New Zealand or exports the embryo from New Zealand; or does anything,— (i) (b) in the case of a human embryo, to cause the fur- ther development of the embryo outside the body of a human being; or in the case of a hybrid embryo, to cause the fur- ther development of the embryo; or (ii) (c) possesses the embryo with a view to using it in human reproductive research or for reproductive purposes; or 9 (1) (2) 12 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 11 (d) uses the embryo in human reproductive research or for reproductive purposes.
(3) (4) (5) (6) 10 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.
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 de- velopment of the embryo is suspended); and in relation to a hybrid embryo, the 14th day after its for- mation (exclusive of any day during which the develop- ment of the embryo is suspended) or the day on which the primitive streak appears, whichever is the earlier.
(b) Every person who commits an offence against subsection (2) is liable on summary conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $100,000, or both.

Every person who commits an offence against subsection (3) is liable on summary conviction to a fine not exceeding $50,000.
Human in vitro embryos and human in vitro gametes not to be stored for more than 10 years (1) No person may keep a human in vitro gamete or a human in vitro embryo (being an embryo whose development has been suspended) that has been stored for more than— (a) (b) a period of 10 years; or if the ethics committee has, before the expiry of that period of 10 years, approved a longer period in respect of the gamete or embryo, the longer period approved by the ethics committee.
(2) Every person commits an offence who contravenes this section and is liable on summary conviction to a fine not exceeding $20,000.
Restrictions on sex selection of human embryos 11 (1) No person may, for reproductive purposes,— 13 Part 2 s 12 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (a) (b) select an in vitro human embryo for implantation into a human being on the basis of the sex of the embryo; or perform any procedure, or provide, prescribe, or admin- ister any thing in order to ensure, or in order to increase the probability, that a human embryo will be of a par- ticular sex.
Every person commits an offence who contravenes this section and is liable on summary conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.

It is a defence to a charge of an offence against this section if the defendant proves that the act to which the charge relates was performed to prevent or treat a genetic disorder or disease.
(2) (3) Restriction on obtaining gametes from minors 12 (1) No person may— (2) (3) (a) (b) obtain a gamete from an individual who is under 16 years; or use a gamete that has been obtained from an individual who is under 16 years.

Every person commits an offence who contravenes this section and is liable on summary conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.
It is a defence to a charge of an offence against this section if the defendant proves that the gamete concerned was obtained or used by a person— (a) (b) to preserve the gamete; or to bring about the birth of a child that was, in the rea- sonable opinion of the person, likely to be brought up by the individual from whom the gamete was obtained.
13 Commercial supply of human embryos or human gametes prohibited (1) No person may give or receive, or agree to give or receive, valuable consideration for the supply of a human embryo or human gamete.

14 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 15 (2) Every person commits an offence who contravenes subsection (1) and is liable on summary conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.
14 Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements (1) A surrogacy arrangement is not of itself illegal, but is not en- (2) (3) (4) forceable by or against any person.

Subsection (1) does not affect the Part 2 of the Status of Chil- dren Act 1969.
Every person commits an offence who gives or receives, or agrees to give or receive, valuable consideration for his or her participation, or for any other person’s participation, or for arranging any other person’s participation, in a surrogacy ar- rangement.
Subsection (3) does not apply to a payment— (a) (ii) transporting, or using a to the provider concerned for any reasonable and ne- cessary expenses incurred for any of the following pur- poses: (i) collecting, storing, human embryo or human gamete: counselling 1 or more parties in relation to the surrogacy agreement: insemination or in vitro fertilisation: ovulation or pregnancy tests; or (iii) (iv) to a legal adviser for independent legal advice to the woman who is, or who might become, pregnant under the surrogacy arrangement.
(b) (5) Every person who commits an offence against subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.

Section 14(2): amended, on 20 September 2007, by section 4 of the Human Assisted Reproductive Technology Amendment Act 2007 (2007 No 63).
Advertising for illegal action prohibited 15 (1) No person may, with the intention of obtaining responses from members of the public, publish, or arrange for any other person to publish, any material that invites persons to participate, or 15 Part 2 s 16 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 to inquire about opportunities for participating, in actions that are prohibited by section 8 or section 13 or section 14.
For the purposes of subsection (1), publish means— (a) (2) insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or send to any person, by post or otherwise; or deliver to any person or leave upon premises occupied by any person; or broadcast within the meaning of the Broadcasting Act 1989; or include in any film or video recording; or include in any disk for use with a computer; or disseminate by means of the Internet or any other elec- tronic medium; or distribute by any means; or display by way of a sign, notice, poster, or other means; or bring to the notice of the public in New Zealand in any other manner.
(b) (c) (d) (e) (f) (g) (h) (i) (j) (3) Every person who commits an offence against subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,500, or both.
Subpart 2—Activities requiring approval of ethics committee Activities to proceed only in accordance with approvals and regulations Assisted reproductive procedures and human reproductive research only to proceed with prior approval Every person commits an offence who performs an assisted reproductive procedure or conducts human reproductive re- search without the prior approval in writing of the ethics com- mittee.
Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $50,000.
16 (1) (2) 16 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 19 17 18 (1) (2) (3) 19 (1) Approved activities must proceed in accordance with applicable conditions and regulations The person responsible for an activity approved by the ethics committee must ensure that the activity is undertaken in ac- cordance with— (a) any conditions imposed by the committee under section 19 or section 21; and any regulations made under section 76 that for the time being govern the activity.
(b) Matters to be considered and decided by ethics committee Applications for approval The ethics committee may receive a written application for an approval for an assisted reproductive procedure or for human reproductive research if the application— (a) (b) (c) (d) is in a form approved by the ethics committee; and describes the activity for which approval is sought; and states the purpose of the proposed activity; and nominates an appropriate person who is to be respon- sible for the activity.
If the kind of activity for which an approval is sought is not covered in guidelines or advice issued or given by the advisory committee, the ethics committee must— decline the application; and (a) refer the application to the advisory committee.

(b) The ethics committee may, for any reason that it considers appropriate, reconsider an application that it has previously declined if relevant new information becomes available.
Approval of assisted reproductive procedure or research The ethics committee may give its written approval— (a) for the performance of assisted reproductive procedures by a nominated person; or for the conduct of human reproductive research by a nominated person.
(b) (2) The ethics committee may not give an approval unless it is satisfied that the activity proposed to be undertaken under the 17 Part 2 s 20 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 approval is consistent with relevant guidelines or relevant ad- vice issued or given by the advisory committee.
The ethics committee may give an approval subject to any con- ditions it thinks fit to impose, which may, without limitation,— (a) (b) limit the duration of the approval; or limit the individual or individuals on whom any assisted reproductive procedure may be performed to a particu- lar individual or to particular individuals or to a class or classes of individuals.
The ethics committee must impose any conditions that it con- siders are required to ensure that the informed consent of any person is obtained before— (a) the person is involved in an activity to be undertaken under the approval; or 1 or more embryos, gametes, or other cells derived from the person are used.
(b) In an approval for human reproductive research, the ethics committee must impose a condition that requires any person specified in the approval— (a) to prepare, in accordance with any requirements stated by the committee, reports on the research (consisting of progress reports and a final report); and to provide those reports to the committee,— (i) in the case of progress reports, at specified inter- vals of not less than 1 year; and in the case of the final report, on completion of the research.
(ii) (b) Person responsible for activity Before the ethics committee gives an approval for an activity, it must approve a person nominated under section 18(1)(d) as the person responsible for the activity to be undertaken under the approval.
If, at any time, the person responsible for an activity under- taken under an approval is, for any reason, unable or unwilling to perform the person’s duties, the activity under the approval must be suspended until the ethics committee concerned ap- proves, or 1 or more members of the committee authorised by the committee in that behalf approve, another person nomin- (3) (4) (5) 20 (1) (2) 18 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 21 (3) (4) 21 (1) (2) (3) (4) ated by the agency that applied for that approval under section 18 as the person responsible for the activity.
Before the ethics committee approves a person under this sec- tion, the committee must be satisfied that the person— (a) is able to ensure that the activity concerned will be undertaken in a manner that is consistent with relevant guidelines or relevant advice issued by the advisory committee; and (b) is willing to assume responsibility for the activity.

Every person appointed under this section must be a natural person.
(b) Ethics committee may change conditions The ethics committee may change an approval in 1 or more of the following respects: (a) by varying a condition previously imposed on the ap- proval: by revoking a condition previously imposed on the ap- proval: (c) by imposing 1 or more new conditions on the approval.
The ethics committee may change the approval on its own ini- tiative only if it is satisfied that the change is necessary— (a) to ensure consistency with this Act or relevant guide- lines or relevant advice issued or given by the advi- sory committee before or after the date on which the approval was given; or to correct an error or omission made by the ethics com- mittee.
(b) The ethics committee may change the approval at the request of the person responsible for the activity undertaken under the approval if it is satisfied that the change is consistent with rele- vant guidelines or relevant advice issued or given by the advi- sory committee before or after the date on which the approval was given.
In any case where the person responsible for the activity re- quests the ethics committee to exercise its power under subsec- tion (1)(a), the power may be exercised by 1 or more members of the committee authorised by the committee in that behalf.
19 Part 2 s 22 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 The ethics committee may not change the approval on its own initiative unless it has first— (a) informed the person responsible for the activity under- taken under the approval concerned why it is consider- ing the change; and given that person a reasonable time to make written sub- missions and be heard on the question, either personally or by his or her representative; and considered any submissions made in that time.
(b) (c) Ethics committee may cancel approval The ethics committee may cancel an approval, in whole or in part, if it is satisfied— (a) that 1 or more conditions stated in the approval have been breached; or that the activity undertaken, or purportedly undertaken, under the approval— (i) (b) is inconsistent with any relevant guidelines and advice issued by the advisory committee on or before or after the date on which the approval was given; or is inconsistent with the description set out in the application in which the approval was sought; or breaches or has breached this Act or regulations made under section 76; or (ii) (iii) (c) that, since giving the approval, the ethics committee has become aware that the activity to which the approval relates poses a serious risk to human health and safety.
The ethics committee must cancel an approval so far as it re- lates to a kind of assisted reproductive procedure or human reproductive research that has become subject to a morator- ium imposed under section 24.
The ethics committee may not cancel an approval under sub- section (1) unless it has first— (a) informed the person responsible for the activity under the approval why it is considering cancelling the ap- proval; and (5) 22 (1) (2) (3) 20 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 23 (b) given that person a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.
Before the ethics committee cancels an approval under subsec- tion (2), it must endeavour to inform the person responsible for the activity of the forthcoming cancellation and of the date on which the cancellation is to take effect.

If the ethics committee cancels an approval, it may give direc- tions on how the activity affected by the cancellation is to be stopped.
(4) (5) (6) Directions under subsection (5) may, without limitation, relate to the preservation, custody, or disposal of in vitro human ga- metes, in vitro human embryos, or in vitro hybrid embryos.

The ethics committee cancels an approval under this section by written notice given or sent to the person responsible for the activity to which the approval relates or to any other person who appears to be in charge of the activity.
(7) (8) A notice issued under subsection (7) takes effect according to its tenor and must— (a) state the date on which it takes effect (not being a date earlier than the date of the notice); and if the cancellation relates to only part of the approval, identify the part to which it relates.
(b) 23 If approval cancelled, activity must be stopped If the ethics committee cancels an approval, the person who, immediately before the cancellation, is the person responsible for the activity under the approval must— (a) (b) ensure that the activity is stopped; and comply with any directions given, under section 22(5), on how the activity is to be stopped.
21 Part 2 s 24 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Moratorium for particular forms of assisted reproductive procedure or human reproductive research 24 Moratorium may be imposed on forms of assisted (1) (2) reproductive procedure or human reproductive research For the purpose of allowing time for the development of advice or guidelines, or both, about any kind of assisted reproductive procedure or human reproductive research, the Governor-Gen- eral may, by Order in Council made on the recommendation of the Minister, declare a particular kind of assisted reproductive procedure or human reproductive research to be subject to a moratorium for a period not exceeding 18 months.
The Governor-General may, by Order in Council made on the recommendation of the Minister, extend a moratorium im- posed under subsection (1) for 1 further period not exceeding 18 months.
(3) After the imposition of a moratorium under subsection (1) on a form of assisted reproductive procedure or human reproduc- tive research, the advisory committee must, by a date agreed with the Minister, provide the Minister with information, ad- vice, and, if the committee thinks fit, recommendations on that form of procedure or research.
Committee must not consider applications for approvals subject to moratorium During any time that a kind of assisted reproductive proced- ure or human reproductive research is subject to a moratorium imposed under section 24, the ethics committee must not con- sider or grant a request to approve a proposal for that form of procedure or research.
Offence to perform procedures or conduct research subject to moratorium Every person commits an offence who performs an assisted reproductive procedure or conducts human reproductive re- search in the following circumstances: (a) the procedure or research is at the time of its perform- ance of a kind that is subject to a moratorium imposed under section 24(1); and 25 26 (1) 22 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 27 (b) the ethics committee— (i) has never given its approval for the procedure or research; or has cancelled any approval previously given for the procedure or research.
(ii) (2) 27 (1) (2) (3) Every person who commits an offence against subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $100,000, or both.

Designation and functions of ethics committee Designation of ethics committee The Minister may, by written notice given to any committee, designate the committee as the ethics committee for the pur- poses of this Part.
The Minister may designate a committee— (a) that the Minister establishes for the purposes of this sec- tion; or that has been established for another purpose.
(b) In designating a committee under this section, the Minister must ensure that the committee— (a) complies in its composition with any applicable stand- ard governing ethics committees determined by the national advisory committee appointed under section 16(1) of the New Zealand Public Health and Disability Act 2000; and includes— (i) 1 or more members with expertise in assisted re- productive procedures; and 1 or more members with expertise in human re- productive research.
(ii) (b) (4) (5) The committee designated under this section is subject to any applicable ethical standards determined by the national ad- visory committee appointed under section 16(1) of the New Zealand Public Health and Disability Act 2000.
Each meeting of the ethics committee may be attended by the chairperson of the advisory committee or a member of the ad- visory committee nominated by the chairperson for the meet- 23 Part 2 s 28 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (6) ing, but a person attending under this subsection is not a mem- ber of the ethics committee.
If the committee is established for the purposes of this section, the Minister may, by written notice,— (a) appoint any person to be a member or chairperson of the ethics committee; and terminate the appointment of a member or chairperson of the ethics committee.
(b) (7) (8) Each member of the ethics committee established for the pur- poses of this section is appointed on any terms and conditions (including terms and conditions as to remuneration and trav- elling allowances and expenses) that the Minister determines by written notice to the member.
In order to meet the requirements of subsection (3), the Min- ister may appoint 1 or more additional members to a commit- tee, being a committee established for another purpose, on any terms and conditions (including terms and conditions as to re- muneration and travelling allowances and expenses) that the Minister determines by written notice to the member.

(9) A change in the membership of the committee designated under this section does not affect its designation.
Functions of ethics committee For the purposes of this Part, the ethics committee has the fol- lowing functions: (a) to consider and determine applications for approvals for the performance of assisted reproductive procedures or the conduct of human reproductive research: to keep under review any approvals previously given and, without limitation, to monitor the progress of any assisted reproductive procedures performed or any human reproductive research conducted under current approvals: to liaise with the advisory committee on general and specific matters relating to assisted reproductive pro- cedures and human reproductive research and, without limitation, to forward to the advisory committee reports received under section 19(5) together with any com- (b) (c) 28 (1) 24 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 31 (2) 29 ments or requests for advice that the ethics committee considers appropriate: to consult with any persons who, in the opinion of the committee, are able to assist it to perform its functions: any other functions that the Minister assigns to the com- mittee by written notice.
(d) (e) For the purpose of assisting the ethics committee in the per- formance of its functions under this Part, the Director-General of Health must provide the committee with administrative sup- port.
Duties of ethics committee in relation to advisory committee Ethics committee must operate expeditiously and in accordance with guidelines of advisory committee In the performance of its functions and the exercise of its powers, the ethics committee must operate— (a) in accordance with any guidelines issued by the advi- sory committee; and expeditiously, having regard, in particular, to the effect that undue delay may have on the reproductive capacity of individuals.
(b) 30 Advisory committee to be informed of approvals As soon as practicable after the ethics committee grants an approval, it must give a copy of the approval and the relevant proposal to the advisory committee.

Presentation and publication requirements 31 Information about ethics committee must be made public (1) As soon as practicable after giving a notice of the kind speci- fied in subsection (2), the Minister must present a copy of the notice to the House of Representatives.
The kinds of notice are as follows: (a) a notice designating the ethics committee under section 27: a notice assigning a function to an ethics committee under section 28(1)(e).

(b) (2) 25 Part 2 s 32 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 In every annual report of the Ministry of Health, the Ministry must publish— (a) (b) the name of the chairperson of the ethics committee; and the names of the members of the ethics committee.
Subpart 3—Advisory committee Establishment, appointments, and functions Advisory committee must be established The Minister must establish a committee to be known as the Advisory Committee on Assisted Reproductive Procedures and Human Reproductive Research.
Number of members and procedure The advisory committee— (a) consists of not fewer than 8 and not more than 12 mem- bers; and (b) may, subject to this Act and any directions that the Min- ister gives by written notice to the committee, regulate its procedure in any manner that the committee thinks fit.
Each meeting of the advisory committee may be attended by the chairperson of the ethics committee or a member of the ethics committee nominated by the chairperson of the ethics committee for the meeting, but a person attending under this subsection is not a member of the committee.
Promptly after an agenda for, and the minutes of, a meeting of the advisory committee are sent to the members of the com- mittee, the chairperson of the committee must ensure that the agenda and minutes are published on the Internet.
Appointment of members The Minister may appoint any person to be a member or chair- person of the advisory committee and must, before doing so, consult any persons who, in the Minister’s opinion, are able to provide advice on prospective appointees who have the re- quired expertise and the ability to reflect relevant perspectives and concerns, including, without limitation, the perspectives and concerns of women.
(3) 32 33 (1) (2) (3) 34 (1) 26 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 34 (2) (3) (4) The Minister may, by written notice, terminate the appoint- ment of a member or chairperson of the advisory committee.

Each member of the advisory committee is appointed on any terms and conditions (including terms and conditions as to re- muneration and travelling allowances and expenses) that the Minister determines by written notice to the member.
The advisory committee must include— (a) 1 or more members with expertise in assisted reproduc- tive procedures; and 1 or more members with expertise in human reproduc- tive research; and 1 or more members with expertise in ethics; and 1 or more Māori members with expertise in Māori cus- tomary values and practice and the ability to articulate issues from a Māori perspective; and 1 or more members with the ability to articulate issues from a consumer perspective; and 1 or more members with expertise in relevant areas of the law; and 1 or more members with the ability to articulate the interests of children.
(b) (c) (d) (e) (f) (g) (5) Any person appointed by virtue of subsection (4)(g) must at the time of his or her appointment hold the office of Children’s Commissioner or be a representative or employee of the per- son who holds that office.

(6) At least half the members of the advisory committee must be (7) laypersons.
For the purposes of subsection (6), a layperson is a person who, at no time during the person’s membership of the advisory committee or in the 3 years before becoming a member of the committee,— (a) is a health practitioner within the meaning of the Health Practitioners Competence Assurance Act 2003; or is involved in health research; or is employed by or associated with, or has a pecuniary interest in, a provider.
(b) (c) 27 Part 2 s 35 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Functions of advisory committee The advisory committee has the following functions: (a) to issue guidelines and advice to the ethics committee on any matter relating to any kind of assisted reproduc- tive procedure or human reproductive research and to keep such guidelines and advice under review: to provide the Minister with advice on aspects of, or issues arising out of, kinds of assisted reproductive pro- cedure or human reproductive research and, without limitation, advice as to whether— (i) (b) this Act or another enactment should be amended to prohibit or provide for any kind of assisted re- productive procedure or human reproductive re- search: on the basis of the information, assessment, ad- vice, and ethical analysis required under section 6(2)(a) to (d), any kind of procedure or treatment should be declared an established procedure: any established procedure should be modified or should cease to be an established procedure: a moratorium should be imposed on any kind of assisted reproductive procedure or human repro- ductive research: regulations should be made under section 76 to regulate the performance of any kind of assisted reproductive procedure or the conduct of any kind of human reproductive research: (ii) (iii) (iv) (v) (c) (d) (e) to liaise with the ethics committee on general and spe- cific matters relating to assisted reproductive proced- ures or human reproductive research: to consult with any persons who, in the opinion of the advisory committee, are able to assist it to perform its functions: any other function that the Minister assigns to the advi- sory committee by written notice.
For the purposes of performing its functions under subsection (1), the advisory committee must monitor— (a) the application, and health outcomes, of assisted repro- ductive procedures and established procedures; and 35 (1) (2) 28 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 36 (3) 36 (1) developments in human reproductive research.
(b) For the purpose of assisting the advisory committee in the per- formance of its functions, the Director-General of Health must provide the committee with administrative support.
Guidelines and advice Advisory committee to publish and notify guidelines The advisory committee may issue guidelines only after it has,— (a) on the basis of a discussion paper or an outline of the proposed guidelines, given interested parties and mem- bers of the public a reasonable opportunity to make sub- missions; and taken any such submissions into account.
(b) (2) When the advisory committee issues guidelines, it must— (a) (b) (c) give copies of the guidelines to the Minister, the Dir- ector-General of Health, to the ethics committee, and to providers; and publish the guidelines on the Internet and in any other publications (if any) that the committee thinks appro- priate; and give public notice of the issue of the guidelines by pub- lishing in any publication that it considers appropriate for the purpose a notice that states— (i) (ii) (4) the date and subject matter of the guidelines; and the Internet website on which they are published.
(3) As soon as practicable after receiving a copy of guidelines under subsection (2)(a), the Minister must present a copy of those guidelines to the House of Representatives.
The Director-General of Health must ensure that there are— sufficient copies of guidelines published under this sec- (a) tion available for public inspection, free of charge, at the Head Office of the Ministry of Health during nor- mal office hours; and sufficient copies of those guidelines available, either for distribution free of charge or for purchase at a reason- able price during normal office hours, at places desig- nated by the Director-General of Health.
(b) 29 Part 2 s 37 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Advisory committee to provide specific advice in respect of human reproductive research The advisory committee must, within time frames agreed with the Minister, provide the Minister with information, advice, and, if it thinks fit, recommendations on the following matters in relation to the use of gametes and embryos in human repro- ductive research: (a) (b) (c) cloned embryos: donations of human embryos: genetic modification of human gametes and human em- bryos: human gametes derived from foetuses or deceased per- sons: hybrid embryos: requirements for informed consent: the import into, or export from, New Zealand of in vitro human gametes or in vitro human embryos.
(d) (e) (f) (g) In subsection (1)(e), hybrid embryo does not include a mix- ture of animal and human gametes that has been prepared for any diagnostic test.
Advisory committee to provide specific advice in respect of human assisted reproductive technology The advisory committee must, within time frames agreed with the Minister, provide the Minister with information, advice, and, if it thinks fit, recommendations on the following matters in relation to human assisted reproductive technology: (a) (b) (c) (d) (e) donations of embryos: embryo splitting: gametes derived from deceased persons: requirements for informed consent: selection of embryos using pre-implantation genetic analysis: the import into, or export from, New Zealand of in vitro donated cells or in vitro donated embryos.
(f) Advisory committee to call for and consider submissions before giving significant advice This section applies to advice that— 37 (1) (2) 38 39 (1) 30 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 2 s 41 (2) (3) 40 (1) (2) (a) (b) is given under section 37 or section 38; or although not given under those sections, is of significant public interest but is not required as a matter of urgency.
The advisory committee may give advice to which this section applies only after it has,— (a) on the basis of a discussion paper or an outline of the proposed advice, given interested parties and members of the public a reasonable opportunity to make submis- sions; and taken any such submissions into account.
(b) For the purposes of subsection (1)(b), advice is not required as a matter of urgency if it relates to the question whether or not a treatment or procedure should be declared to be an established procedure.
Public meetings on proposed significant advice If, in the opinion of the advisory committee, a significant num- ber of persons wish to make oral submissions on a proposal to give advice of the kind to which section 39 applies, the advi- sory committee must hold as many meetings as are required to enable those submissions to be made.
The advisory committee must— (a) notify the persons who wish to make oral submissions of the time and place of any meeting to be held under subsection (1); and publish a notice on the Internet and in any other publi- cation the committee thinks appropriate that states the time, place, and purpose of any such meeting and that it will be held in public.

(b) (3) A meeting held under subsection (1) must be held in public.
41 (1) Requirement to consult Before the advisory committee gives advice to the Minister or issues guidelines to the ethics committee, it must consult on the proposed advice or guidelines with— (a) any members of the public that the committee considers appropriate: appropriate government departments and agencies: (b) 31 Part 2 s 42 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (c) any other person or group that the committee considers appropriate.
(2) Before the advisory committee issues guidelines to the ethics committee, it must consult on the proposed guidelines with the Minister.

Presentation and publication requirements Information about advisory committees to be made public 42 (1) As soon as practicable after giving a notice of the kind speci- fied in subsection (2), the Minister must present a copy of the notice to the House of Representatives.
The kinds of notice are as follows: (a) (2) a notice appointing a member or chairperson of the ad- visory committee under section 34(1): a notice terminating the appointment of a member of the advisory committee under section 34(2): a notice assigning a function to the advisory committee under section 35(1)(e): a notice giving directions as to the procedure of the ad- visory committee under section 33(1)(b).
(b) (c) (d) (3) The advisory committee must, as soon as practicable after each 12-month period ending on 30 June, give the Minister a re- port— (a) (b) on its progress in carrying out its functions; and on the number and kinds of decisions given by the ethics committee in that period.

(4) As soon as practicable after receiving a report under subsec- tion (3), the Minister must present the report to the House of Representatives.
Part 3 Information about donors of donated embryos or donated cells and donor offspring Application No retroactive application Except for section 63, this Part— 43 32 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 3 s 45 (a) (b) (c) applies to an embryo if, and only if, the embryo is a donated embryo, or is formed from a donated cell, that was donated after the commencement of this Part; and applies to a donated cell if, and only if, it was donated after the commencement of this Part; and applies to a donor offspring if, and only if, the donated embryo or every donated cell from which the donor off- spring was formed was donated after the commence- ment of this Part.
44 Provisions not applicable to all information The provisions of this Part apply to information only if the information is required to be kept by this Part.
Duties of keepers of information when information requests are made 45 Duty to ensure that person requesting information is authorised (1) When a person requests a provider or the Registrar-General to give the person access to information required to be kept by this Part, the provider or the Registrar-General must not give the person access to that information unless satisfied about the identity of the person who is making the request.
Each provider and the Registrar-General— (a) must adopt appropriate procedures to ensure that any information intended for a person is received— (i) (ii) only by that person; or if the request is made by an agent of the person, only by that person or his or her agent; and (2) (b) must ensure that, if the request is made by an agent of the person, the agent has the written authority of that person to obtain the information or is otherwise prop- erly authorised by that person to obtain the information.
33 Part 3 s 46 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Advice to prospective donors 46 Providers must give advice to prospective donors and prospective guardians (2) (1) A provider must ensure that, before a person consents to donating a donated embryo or a donated cell to or through the provider, or to any service performed or arranged by the provider that involves a donated embryo or a donated cell, the person is told the things described in subsection (3).
Before a provider performs or arranges the performance of a service that may result in the birth of a donor offspring, the provider must ensure that each prospective guardian of the donor offspring is told the things described in subsection (3).
The things are as follows: (a) which information about donors is obtained and kept by providers: how long the information is kept: why the information is obtained and kept: (b) (c) (d) which part of the information is forwarded to, and kept (3) (e) (f) (g) indefinitely by, the Registrar-General: the rights given by this Act to donor offspring, the guardians of donor offspring, and other people to obtain information about donors: the rights given by this Act to donors and other people to obtain information about donor offspring: the importance of telling offspring about the nature of their conception: the availability of counselling.
(h) To avoid any doubt, this section does not limit any right or duty set out in the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996.
(4) Information about donors 47 Providers must obtain and accept information about donors (1) When a donor donates a donated embryo or a donated cell to or through a provider, the provider must ensure that the provider 34 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 3 s 48 has obtained the following information about the donor or, as the case requires, about each donor: (a) (b) (c) (d) (e) (f) (g) the donor’s name: the donor’s gender: the donor’s address: the date, place, and country of the donor’s birth: the donor’s height: the colour of the donor’s eyes and hair: the donor’s ethnicity and any relevant cultural affilia- tion: in the case of a Māori donor, the donor’s whanau, hapu, and iwi, to the extent that the donor is aware of those affiliations: any aspects, considered significant by the provider, of the medical history of— (i) (ii) (iii) (iv) the donor’s reasons for donating.
the donor; and the donor’s parents and grandparents; and the donor’s children (if any); and the donor’s siblings (if any): (j) The provider must accept any information that is offered by a donor that updates or corrects any of the information about the donor obtained under subsection (1).
(h) (i) (2) 48 Providers and Registrar-General must keep information about donors (2) (1) A provider must, in accordance with this section, keep all in- formation about a donor obtained or accepted under section 47 in relation to any donated embryo or a donated cell.
In any case where the use of the donated embryo or the do- nated cell results in the birth of a living donor offspring, the provider must give the information to the Registrar-General on the earlier of the following events: (a) (b) the expiry of 50 years after the date of that birth: the provider ceasing to be a provider in circumstances where there is no successor provider.

(3) The Registrar-General must keep indefinitely all information given under subsection (2).
35 Part 3 s 49 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 In any case where no living donor offspring is formed from the donated embryo or the donated cell, the provider may de- stroy the information on the occurrence of any of the following events: (a) the termination (otherwise than by the birth of a living child) of a pregnancy resulting from the implantation of a donated embryo or an embryo formed from the donated cell: the destruction before implantation of a donated embryo or an embryo formed from the donated cell: the destruction of the donated cell.
(b) (c) Access by donors to information about them kept by providers If asked to do so by a donor, a provider must— (a) give the donor access to any information about the donor that the provider is keeping; and tell the donor whether the donor offspring has asked for information about the donor.
(b) Access by donor offspring to information about donors kept by providers and Registrar-General If asked to do so by a donor offspring who is 18 years or older, the relevant agency must tell the offspring whether the relevant agency is keeping any information about the donor or, as the case requires, the donors and, if so, give the offspring access to it.
If asked to do so by a guardian of a donor offspring who is under 18 years, the relevant agency must tell the guardian whether the relevant agency is keeping any information about the donor or, as the case requires, the donors and, if so, give the guardian access to it.
If asked to do so by a donor offspring who is under 18 years, the relevant agency must tell the donor offspring whether the relevant agency is keeping any information about the donor or, as the case requires, the donors and, if so, give the donor offspring access to as much of that information as is not iden- tifying information.
(4) 49 50 (1) (2) (3) 36 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 3 s 53 (4) (5) (6) (7) (8) 51 The relevant agency may refuse to give a person access to information about a donor if satisfied, on reasonable grounds, that the disclosure is likely to endanger any person.

The relevant agency that gives a person access to information under this section must advise the person of the desirability of counselling.
The relevant agency must advise the donor concerned when- ever a person is, under this section, given access to identifying information about the donor.

Subsection (4) overrides subsections (1) to (3).

In this section, relevant agency means a provider or the Regis- trar-General.
Restriction on access to information about donors A provider or the Registrar-General must not allow any person access to information about a donor unless— (a) (b) authorised or required to do so by this Act; or required to do so by any other enactment or rule of law; or the information is relevant for the purposes of providing medical treatment or medical advice to a person, and is requested by a medical practitioner who produces a certificate signed by 2 medical practitioners that states that access to the information should be obtained for those purposes.
(c) Information about donor offspring 52 Providers must keep track of donor offspring births A provider must ensure that, at all times, there is in place an effective system for being notified of, or otherwise becoming aware of, the births of donor offspring.
53 Providers must notify Registrar-General of donor offspring births (1) A provider who learns of the birth of a donor offspring must promptly— 37 Part 3 s 54 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (a) (b) take all practicable steps to obtain, from any person who knows of the donor offspring, the following informa- tion: (i) (ii) (iii) give to the Registrar-General, on a form provided by the Registrar-General for the purpose,— (i) the date and place of the donor offspring’s birth: the donor offspring’s sex: the donor offspring’s name; and the information that the provider has been able to obtain under paragraph (a); and the names and addresses of the guardians of the donor offspring; and the information specified in subsection (2) about the donor or, as the case requires, about each donor; and the name of the provider.
(ii) (iii) (iv) (2) 54 The information referred to in subsection (1)(b)(iii) is— (a) (b) (c) the donor’s name: the donor’s address: the date, place, and country of the donor’s birth.
Providers must give Registrar-General corrected information If a provider who has given the Registrar-General information under section 53(1)(b) receives additional information that up- dates or corrects any of the information already given, the provider must promptly give the Registrar-General the up- dated or corrected information.
55 (1) Registrar-General and providers must keep information about donor offspring The Registrar-General must keep indefinitely all information given under section 53 or section 54.

(2) A provider must keep all information obtained under section 53 or accepted under section 56 until the expiry of the specified period.
In subsection (2), specified period means the period that starts with the date of the birth of the donor offspring concerned and expires on the earlier of the following: (3) 38 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 3 s 57 56 (1) (2) 57 (1) (2) (3) (a) (b) the expiry of 50 years after the date of that birth: the provider ceasing to be a provider in circumstances where there is no successor provider.
Providers to accept updated and corrected information about donor offspring If a donor offspring who is 18 years or older offers to a provider any information that updates or corrects any of the informa- tion already given under section 53(1)(b) about the donor off- spring, the provider must accept the updated or corrected in- formation.
If a guardian of a donor offspring who is under 18 years of- fers to a provider any information that updates or corrects any of the information already given under section 53(1)(b) about the donor offspring, the provider must accept the updated or corrected information.
Access by donor offspring to information about them kept by providers or Registrar-General If asked to do so by a donor offspring who is 18 years or older, the relevant agency must— (a) give the donor offspring access to any information about the donor offspring kept by the relevant agency: tell the donor offspring whether the donor has asked for information about the donor offspring.
(b) If asked to do so by the guardian of a donor offspring who is under 18 years, the relevant agency must— (a) give the guardian access to any information about the donor offspring kept by the relevant agency: tell the guardian whether the donor has asked for infor- mation about the donor offspring.
(b) If asked to do so by a donor offspring who is under 18 years, the relevant agency must— (a) give the offspring access to as much information about the donor offspring that is kept by the relevant agency and that is not identifying information about the donor: tell the offspring whether the donor has asked for infor- mation about the donor offspring.
(b) 39 Part 3 s 58 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (4) (5) The relevant agency that gives a person access to information under this section must advise the person of the desirability of counselling.

In this section, relevant agency means a provider or the Regis- trar-General.
Access to information about siblings of donor offspring 58 (1) A provider or the Registrar-General may tell a donor offspring (donor offspring A) and, if donor offspring A is under 18 years, the guardian of donor offspring A whether donor off- spring A shares a donor with another donor offspring (donor offspring B) and, if that is the case and the condition specified in subsection (2) is met, give access to identifying information about donor offspring B— (a) if donor offspring A is 18 years or older, to donor off- spring A; or if donor offspring A is under 18 years, to the guardian of donor offspring A.
(b) (2) The condition referred to in subsection (1) is that— (a) if donor offspring B is 18 years or older, donor offspring B consents to the giving of access; or if donor offspring B is under 18 years, the guardian of donor offspring B consents to the giving of access.

(b) (3) This section overrides sections 51 and 62.


59 Donor offspring 18 years or older may consent to disclosure of identifying information to donor (1) A donor offspring who is 18 years or older may give a provider (b) or the Registrar-General a written notice— (a) consenting to the disclosure of identifying information about the donor offspring to any named donor; or cancelling a notice given to the provider or the Regis- trar-General by the donor offspring under paragraph (a).
(2) A provider or the Registrar-General must keep with any in- formation about the donor offspring kept under this Act every notice given by the donor offspring under subsection (1).
For the purposes of any provision of this Act, a provider or the Registrar-General has the consent of a donor offspring to (3) 40 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 3 s 61 the disclosure to a donor of identifying information about the donor offspring if, and only if,— (a) the provider or the Registrar-General holds a notice in relation to that donor given by the donor offspring under subsection (1)(a); and that notice has not been cancelled under subsection (1)(b).
(b) 60 Access by donors to information about donor offspring kept by providers (2) (1) At the request of a donor, a provider must tell the donor whether, to the best of the provider’s knowledge, there have been born any donor offspring formed from a donated embryo or a donated cell given to or through the provider and (if so) the sex of each donor offspring.
If the provider has the donor offspring’s consent to give the donor access to identifying information about the donor off- spring, the provider must do so at the donor’s request.

The provider may refuse to disclose to the donor, or give the donor access to, information about the donor offspring if satis- fied, on reasonable grounds, that to do so is likely to endanger any person.

Subsection (3) overrides subsections (1) and (2).


(3) (4) 61 Access by donors to information about donor offspring kept by Registrar-General (2) (1) At the request of a donor, the Registrar-General must tell the donor whether information given to the Registrar-Gen- eral under section 53(1)(b) discloses that there have been any donor offspring born and, if so, the sex of each donor offspring.
If the Registrar-General has the donor offspring’s consent to give the donor access to identifying information about the donor offspring, the Registrar-General must do so at the donor’s request.
The Registrar-General may refuse to disclose to the donor, or give the donor access to, identifying information about the (3) 41 Part 3 s 62 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (4) 62 63 (1) donor offspring if satisfied, on reasonable grounds, that to do so is likely to endanger any person.

Subsection (3) overrides subsections (1) and (2).


Restriction on disclosure of information about donor offspring A provider or the Registrar-General must not disclose any in- formation about a donor offspring unless— (a) (b) authorised or required to do so by this Act; or required to do so by any other enactment or rule of law.
Voluntary register to be maintained by Registrar-General This section applies to— (a) any donor who has, before the commencement of this Part, donated a donated embryo or a donated cell; and any donor offspring formed from a donated embryo or a donated cell that has been donated before that com- mencement.
(b) (2) A donor to whom this section applies may give to the Regis- trar-General, on a form provided by the Registrar-General for the purpose, the following information: (a) (b) (c) (d) (e) (f) (g) the donor’s name: the donor’s gender: the donor’s address: the date, place, and country of the donor’s birth: the donor’s height: the colour of the donor’s eyes and hair: the donor’s ethnicity and any relevant cultural affilia- tion: in the case of a Maori donor, the donor’s whanau, hapu, and iwi, to the extent that the donor is aware of those affiliations: any aspects, considered significant, of the medical his- tory of— (i) (ii) (iii) (iv) the donor; and the donor’s parents and grandparents; and the donor’s children (if any); and the donor’s siblings (if any): (h) (i) 42 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 3 s 63 (j) (ja) (k) the name of the provider who received any donated em- bryo or donated cell from the donor: the donor’s reasons for donating: any number or other symbol used by the provider to identify the donor, if known.
(3) (4) (5) The following persons may give to the Registrar-General, on a form provided by the Registrar-General for the purpose, the information specified in subsection (4): (a) a donor offspring who is 18 years or older and to whom this section applies: the guardian of a donor offspring, being a donor off- spring who is under 18 years and to whom this section applies.
(b) the The following information is the information referred to in subsection (3): (a) (b) (c) (d) the donor offspring’s name: the date and place of the donor offspring’s birth: the donor offspring’s address: if the information is given by the guardian, guardian’s name and address: the donor offspring’s gender: the donor offspring’s ethnicity and any cultural affilia- tion: in the case of a Maori donor offspring, the donor off- spring’s whanau, hapu, and iwi, to the extent that those affiliations are known: any aspects, considered significant, of the medical his- tory of the donor offspring: the name of the provider who received the donated em- bryo or donated cell concerned: any number or other symbol used by the provider to identify the donor offspring, if known.
(e) (f) (g) (h) (i) (j) The Registrar-General must accept, on a form provided by the Registrar-General for the purpose, information— (a) from a donor that updates information provided by the donor under subsection (2): from a donor offspring who is 18 years or older that updates information provided by the donor offspring or (b) 43 Part 3 s 63 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (c) by the guardian of the donor offspring under subsection (3): from a guardian of a donor offspring who is under 18 years that updates information provided by the guardian under subsection (3).
(6) Any person who provides information under this section may also request the Registrar-General to restrict the access to the information in the manner specified in the request.

(7) A donor offspring about whom information has been given by a guardian under subsection (3) may, at any time after turning 18, do either or both of the following: (a) request the Registrar-General to restrict the access to that information: vary or revoke any request made by the guardian under subsection (6).
(b) The Registrar-General may, subject to any request made under subsection (6), give each of the following persons access to information about a donor provided under subsection (2) and subsection (5): (a) (b) the offspring of the donor; and 18 years or older: the donor: any person whom the Registrar-General believes on rea- sonable grounds to be— (i) (ii) any person whom the Registrar-General believes on rea- sonable grounds to be the guardian of a person who is— (i) (ii) the offspring of the donor; and under 18 years.
(c) The Registrar-General may, subject to any request made under subsection (6) or subsection (7)(a), give each of the follow- ing persons access to information about a donor offspring pro- vided under subsection (3) and subsection (5): (a) (b) the donor offspring, if he or she is 18 years or older: the guardian of the donor offspring, if the donor off- spring is under 18 years: a person whom the Registrar-General believes on rea- sonable grounds to be the donor of the donor offspring: a person whom the Registrar-General believes on rea- sonable grounds to be a person— (c) (d) (8) (9) 44 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 3 s 65 (e) who shares a donor with the donor offspring; and (i) (ii) who is 18 years or older: a person whom the Registrar-General believes on rea- sonable grounds to be the guardian of a person— (i) (ii) who is under 18 years.
who shares a donor with the donor offspring; and (10) The Registrar-General may decline to give access to informa- tion under this section if satisfied, on reasonable grounds, that the disclosure is likely to endanger any person.

(11) The Registrar-General, when giving access to information under this section to a person, must advise the person of the desirability of counselling.
Section 63(2)(ja): inserted, on 20 September 2007, by section 5 of the Human Assisted Reproductive Technology Amendment Act 2007 (2007 No 63).

64 Application of this Part to section 63 The provisions of this Part, other than this section and sections 43, 45, 51, 62, 65, and 66, do not apply 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 (2) (3) (1) A donor offspring who is 16 years or older but under 18 years may apply to the Family Court for an order that, for the pur- poses of 1 or more of the provisions stated in subsection (2), the donor offspring is to be treated as a donor offspring who is 18 years old.

The provisions are sections 50, 56, 57, 58, 59, and 63.
If satisfied that it is in the best interests of the donor offspring to do so, a Family Court Judge may make an order that requires a named provider or the Registrar-General, or both, to treat, for the purposes of 1 or more of the provisions specified in subsection (2), the donor offspring as a donor offspring who is 18 years old.

Rules may be made under section 16A of the Family Courts Act 1980 relating to the practice and procedure of Family Courts in proceedings under this Act.
(4) 45 Part 3 s 66 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Application of Privacy Act 1993 Application of Privacy Act 1993 66 (1) Any person may make a complaint to the Privacy Commis- sioner holding that office under section 12 of the Privacy Act 1993 if— (a) the person is dissatisfied with any decision, action, or failure to act by a provider or the Registrar-General in relation to— (i) a request under this Act for information or access to information; or a request under this Act to accept updated or cor- rected information; or (ii) (b) the person believes that information— (i) has been obtained, kept, or disclosed otherwise than in accordance with this Act; or has not been obtained, accepted, kept, or given, as required by this Act.
(ii) (2) (3) Sections 40 and 41 of the Privacy Act 1993, so far as applicable and with any necessary modifications, apply to any request of a kind referred to in subsection (1)(a).

Parts 8, 9, and 12 of the Privacy Act 1993, so far as applicable and with any necessary modifications, apply to the making of a complaint under subsection (1) as if the matter to which the complaint relates were an interference with privacy within the meaning of section 66 of that Act.
(4) Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 1993 to investigate any complaint made under Part 8 of that Act.
Part 4 Enforcement and miscellaneous provisions Enforcement 67 Matters to be ascertained by authorised persons (1) Subsection (2) applies if an authorised person believes on rea- sonable grounds that there is a place (the place) in which— 46 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 4 s 68 (2) (a) (b) a gamete, an embryo or a foetus, or being that has been formed by an action described in Schedule 1 is located; or any assisted reproductive procedure is performed or any human reproductive research is conducted.
The authorised person may at any reasonable time exercise any of the powers in section 68 reasonably necessary to ascertain all or any of the following matters: (a) whether a gamete, an embryo or a foetus, or being that has been formed by an action described in Schedule 1 is, in fact, located in the place: (c) (b) whether any assisted reproductive procedure or any human reproductive research is, in fact, performed or conducted in the place: whether the performance of any assisted reproductive procedure or the conduct of any human reproductive research— (i) involves a contravention of any of sections 8 to 13: involves a contravention of section 26: complies with any regulations made under sec- tion 76(1) that regulate any kind of assisted re- productive procedure or human reproductive re- search: complies with the requirement to obtain the ap- proval of the ethics committee for the perform- ance of an assisted reproductive procedure or the conduct of human reproductive research: complies with any conditions included in an ap- proval given by an ethics committee.
(ii) (iii) (iv) (v) 68 (1) Powers of authorised persons The powers referred to in section 67, in relation to any place, are the powers to— (a) (b) enter the place: inspect— (i) any equipment or device believed on reasonable grounds to be used in the place in relation to any 47 Part 4 s 68 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (ii) assisted reproductive procedure or human repro- ductive research: any document in the place believed on reason- able grounds to relate to any assisted reproduc- tive procedure or human reproductive research: take or make copies of, or copies of extracts from, any document inspected and, for that purpose,— (i) take possession of and remove the document from the place for any reasonable period: in the case of a document or information stored otherwise than on paper, take any reasonable steps to reproduce, in usable form, any or all of the information in it: (ii) search for and seize— (i) any equipment or device referred to in paragraph (b)(i): an in vitro gamete: an in vitro embryo or an in vitro foetus: a document or record (whether in electronic or other form): (ii) (iii) (iv) use any force for gaining entry to the place and for breaking open any article or thing that is in the place, being force that is reasonable in the circumstances and applied in a manner that is calculated to avoid adverse effects on any gametes, embryos, or foetuses: take photographs, and make drawings or other represen- tations, of any item that may be seized under paragraph (d): (c) (d) (e) (f) (g) mark or identify, by any appropriate means, any item (h) (i) that may be seized under paragraph (d): require any person appearing to be in charge of the place concerned (or any part of it) to ensure that any item that may be seized under paragraph (d) is not removed or interfered with: require any person appearing to be in charge of the place concerned (or any part of it) to answer any question the authorised person may reasonably ask for the purpose of exercising the powers of the authorised person.
48 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 4 s 69 (2) An authorised person who enters a place under this section on first entering the place: must produce evidence of his or her authorisation— (a) (b) whenever subsequently reasonably required to do so by a person appearing to be in charge of the place or any part of the place.
(3) An authorised person who enters a place under this section may be accompanied by any number of persons (including any constable) reasonably necessary to assist him or her with the exercise of his or her powers under this section.

(4) A person who accompanies an authorised person under sub- section (3) may, under the direction of the authorised person, exercise each of the powers described in subsection (1)(a) to (g).

This section does not limit the privilege against self-incrimin- ation.
Section 68(3): amended, on 1 October 2008, by section 116(a)(ii) of the Polic- ing Act 2008 (2008 No 72).

(5) Entry of dwellinghouses 69 (1) An authorised person may not enter a dwellinghouse under section 68(1)(a), except— (a) with the consent of an occupier of the dwellinghouse; or (b) with the authority of a search warrant issued under sub- section (2).
(2) A District Court Judge, a Justice, or a court Registrar who is not a constable, may, on a written application made on oath by an authorised person, issue a search warrant in the form set out in Schedule 2 in respect of a dwellinghouse if satisfied that there are reasonable grounds to believe that in that house— (a) an offence against this Act has been or is being commit- ted; or there is any gamete, any kind of embryo or foetus, or being that is or may be evidence of the commission of an offence against this Act.
(b) (3) The search warrant authorises the authorised person to whom it is directed to exercise in respect of the dwellinghouse all or 49 Part 4 s 70 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (4) (5) any of the powers described in section 68, and the provisions of that section apply to the execution of the warrant.

The Judge, Justice, or court Registrar may issue the warrant unconditionally or subject to any conditions that he or she thinks fit.
The authorised person to whom the search warrant is directed may execute it on 1 occasion within 14 days after the date of its issue.

Section 69(2): amended, on 1 October 2008, by section 116(a)(ii) of the Polic- ing Act 2008 (2008 No 72).
Identification of authorised person 70 (1) An authorised person exercising powers under section 68 in respect of any place,— (a) (b) if a person appearing to be in charge of the place is present on first entering the place, must identify himself or herself to that person; and if asked by the person appearing to be in charge of the place or any part of the place to do so, must produce evidence of his or her identity and evidence of his or her appointment as an authorised person.
If the authorised person executes a search warrant issued under section 69, the authorised person must produce the warrant,— on first entering the place specified in the warrant, to the (a) person appearing to be in charge of the place; and (b) whenever subsequently required to do so by any person appearing to be in charge of the place or any part of that place.
Notice requirements when place entered If the occupier of the place is not present when an authorised person enters a place under section 68(1)(a), the authorised person must leave in a prominent location at the place a written statement of the time and date of the entry, the name of the person, and the address of the office of the Ministry of Health to which inquiries should be made.
If anything is seized under section 68(1)(d), the authorised per- son concerned must leave in a prominent location at the place, (2) 71 (1) (2) 50 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 4 s 73 or deliver or send to the occupier within 10 working days after the search, a written inventory of all things seized.
72 Disposal of property seized Section 199 of the Summary Proceedings Act 1957 applies to any property seized by an authorised person under section 68(1)(d), subject to the following provisions: (a) (b) (c) (d) an item seized by an authorised person may be retained by the authorised person or the Commissioner of Police pending the trial of the person for the offence in respect of which the item was seized; and any item retained under paragraph (a) that is any kind of gamete, embryo, or foetus must receive the expert treatment that is required to preserve it and to avoid any contravention of section 9; and the item in question must be returned to the person from whom it was seized,— (i) if no proceedings are taken in respect of an of- fence to which the item relates, within 6 months after its seizure; or if proceedings are completed in respect of the of- fence and no order of forfeiture is made in respect of the item; and (ii) if any person is convicted of an offence to which the item relates, the court may, if it thinks fit, order that the item be forfeited to the Crown or disposed of as the court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the authorised person or the Commissioner of Police in retaining the item.
Detection of import and export offences 73 (1) A Customs officer may detain any matter or item that he or she finds in the course of exercising any power of search or examination under the Customs and Excise Act 1996, if he or she believes on reasonable grounds that the matter or item is— a gamete, an embryo, or a foetus, or being that is being (a) imported or exported in contravention of section 8(2) or section 9(2); or 51 Part 4 s 74 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (b) any equipment or device used in relation to that import or export.
(2) If a Customs officer detains any matter or item under subsec- tion (1), he or she must, as soon as practicable, deliver that matter or item into the custody of an authorised person.

(3) Once a matter or item has been delivered under subsection (2),— (a) (b) responsibility for that matter or item passes from the Customs officer to the authorised person; and section 72 applies to that matter or item as if it had been seized under section 68(1)(d).
The following sections of the Customs and Excise Act 1996 apply, with any necessary modifications, to any gamete, em- bryo, foetus, or being that is imported or exported in contra- vention of section 8(2) or section 9(2) as if the gamete, em- bryo, foetus, or being and any equipment or device used in relation to that import or export were a prohibited import or, as the case requires, a prohibited export within the meaning of that Act: (a) (b) section 145 (questioning persons about goods and debt): section 147 (evidence of identity and entitlement to travel): section 148 (detention of persons questioned about goods or debt): section 160 (requisition to produce documents): (d) section 161 (further powers in relation to documents).
(e) If a Customs officer requests an authorised person to assist the Customs officer in the exercise of a power under this section or any of the sections applied by subsection (4), the authorised person may exercise the relevant power under the direction of the Customs officer.
(c) Exclusion of liability of authorised persons, Customs officers, and assistants No authorised person, or a person requested to assist an au- thorised person, or a Customs officer who does, or omits to do, an act in pursuance of a function or power conferred on that person by this Act or by the Customs and Excise Act 1996 as applied by section 73 is under civil or criminal liability for that (4) (5) 74 52 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 4 s 76 act or omission unless the person acts, or omits to act, in bad faith or without reasonable cause.
75 (1) Offences related to inspections and searches Every person commits an offence who— (a) intentionally obstructs, hinders, or resists an authorised person, or any person lawfully assisting an authorised person, in the exercise of the authorised person’s powers under this Act; or intentionally refuses or fails to comply with any lawful requirements of an authorised person under this Act.
(b) (2) A person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $20,000.
Miscellaneous provisions 76 (1) Regulations The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: (a) providing for the circumstances and the manner in which, and the conditions subject to which, any kind of assisted reproductive procedure may be performed or any kind of human reproductive research may be conducted, including, without limitation: (i) prescribing requirements for informed consent in relation to the performance of assisted re- productive procedures or the conduct of human reproductive research, not being requirements that are inconsistent with this Act or the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996: providing for the use or destruction of in vitro gametes or in vitro embryos, in particular, with- out limitation, in cases where one party from whom such a gamete or embryo has been ob- tained or formed withdraws his or her consent to any course of action: (ii) 53 Part 4 s 76 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (iii) (iv) (v) prescribing requirements or conditions for, or imposing restrictions on, the import into, or the export from, New Zealand of in vitro gametes or in vitro embryos, including, without limita- tion, requirements for the giving of informed consent (not being requirements that are incon- sistent with this Act or the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996) by persons from whom gametes are obtained overseas: requiring any person approved under section 20 as the person responsible for an activity to keep records of information of a kind provided for by the regulations (not being identifying informa- tion) in relation to that activity, and requiring that person to disclose, in the manner provided for by the regulations, that information to the advi- sory committee or any duly authorised represen- tative of that committee or the Director-General of
 Health: requiring persons who perform, or who arrange for the performance of, established procedures or any class of health practitioner (within the meaning of the Health Practitioners Competence Assurance Act 2003) to keep records of informa- tion of a kind provided for by the regulations (not being identifying information) in relation to es- tablished procedures, and requiring those persons and health practitioners to disclose, in the man- ner provided for by the regulations, that infor- mation to the advisory committee or to any duly authorised representative of that committee or to the Director-General of Health: (b) prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under paragraph (a) and the amounts of fines that may be im- posed in respect of those offences, which fines must not exceed $20,000: 54 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 4 s 77 (c) (d) prescribing the fees to be paid in relation to the taking of any action under Part 3 by the Registrar-General: providing for any other matters that are contemplated by, or necessary for giving full effect to, this Act, and for its due administration.
(1A) Regulations under subsection (1)(a)(i) may prescribe require- ments (not inconsistent with this Act, the Health and Disability Commissioner (Code of Health and Disability Services Con- sumers’ Rights) Regulations 1996, or the Human Tissue Act 2008) for informed consent for collection of gametes, em- bryos, or both— (a) (b) from dead individuals; and in connection with, or for the purposes of, the perform- ance of assisted reproductive procedures, the conduct of human reproductive research, or any other lawful use or uses of the gametes, embryos, or both.
(1B) Subsection (1A) does not limit subsection (1)(a)(i) or the power under section 6 to declare procedures or treatments not to be established procedures if they involve the use of gametes or embryos collected from a person, who has since died, who did not consent to the specific use of the gametes or embryos before that person’s death.
Regulations under subsection (1)(a) may be made only on the recommendation of the Minister after the Minister has con- sulted and received advice from the advisory committee and consulted any other person the Minister thinks fit to consult.

Section 76(1A): inserted, on 1 November 2008, by section 91(2) of the Human Tissue Act 2008 (2008 No 28).

(2) Section 76(1B): inserted, on 1 November 2008, by section 91(2) of the Human Tissue Act 2008 (2008 No 28).
Liability of employers, principals, and directors 77 (1) An act done by a person as the employee (the employee) of another person (the employer) is, for the purposes of an of- fence against this Act, to be treated as done by the employer as well as by the employee if— (a) the employer approved of the act; or 55 Part 4 s 78 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (b) the employer knew that the act was to be done or was being done and failed to take all reasonable steps to prevent it.
(2) An act done by a person as the agent (the agent) of another person (the principal) is, for the purposes of an offence against this Act, to be treated as done by the principal as well as by the agent if— (a) (b) the principal approved of the act; or the principal knew that the act was to be done or was being done and failed to take all reasonable steps to prevent it.
(3) Whenever a body corporate is convicted of an offence against this Act, a director of the body corporate is to be treated as having committed the same offence if— (a) the director approved of the act that constituted the of- fence; or the director knew the offence was to be or was being committed and failed to take all reasonable steps to pre- vent it.

(b) (4) 78 In subsection (3), director includes a person who is concerned in the management of a body corporate.
Fees The Registrar-General may refuse to take any action under this Act for which a fee is prescribed unless the fee has been paid.

Transitional provisions 79 Director-General of Health to be advisory committee pending its establishment (1) Until the expiry of 9 months after the date on which this Act receives the Royal assent, the Director-General of Health is deemed to be the advisory committee for the purposes of this Act.
This section expires, and is taken to be repealed on the date that is 9 months after the date on which this Act receives the Royal assent.
(2) 56 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 4 s 81 80 (1) (2) (3) 81 Health and Disability Services (Safety) Act 2001 applies to fertility services For the purposes of the Health and Disability Services (Safety) Act 2001, fertility services are deemed to be included in the definition of specified health or disability services in section 4(1) of that Act.
In this section and in sections 81 and 82, fertility services means services performed for the purpose of assisting human reproduction that involve— (a) (b) the creation of an in vitro human embryo; or the storage, manipulation, or use of an in vitro human gamete or an in vitro human embryo; or the use of cells derived from an in vitro human embryo; or the implantation in a human being of human gametes or human embryos.
(c) (d) Subsection (1) overrides section 7 of the Health and Disability Services (Safety) Act 2001.
Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period (1) During the interim period, the provision of fertility services by a person is deemed to comply with section 9 of the Health and Disability Services (Safety) Act 2001 if the person who provides those services— (a) (b) is certified by the Director-General of Health; and has been the subject of an audit report completed, for the purposes of the person’s accreditation, by an organ- isation approved under subsection (4); and has, within 5 days after the receipt of the most recent report of the kind described in paragraph (b), given the Director-General a copy of the report; and complies with any standards approved by the Director- General of Health under section 82.
(c) (d) (2) For the purposes of subsection (1)(a), a person who is ac- credited by an organisation approved under subsection (4) is deemed to be certified for the purposes of section 26 of the Health and Disability Services (Safety) Act 2001.
57 Part 4 s 82 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 (3) (4) The provision of fertility services is not in compliance with section 9 of the Health and Disability Services (Safety) Act 2001 unless it is deemed to comply with that section by sub- section (1).
The Director-General may approve any organisation to act as auditing agency to accredit a person for the purposes of the interim period if the Director-General is satisfied that the or- ganisation has the expertise and experience to carry out that function.

(6) (5) An organisation approved under subsection (4) may be a body corporate or an association of persons, whether or not that body is incorporated, or any of those persons reside, in New Zealand or overseas.
In this section and in section 82, interim period means the period that commences on the day after the date on which this Act receives the Royal assent and ends immediately before the commencement of the first notice under section 13 of the Health and Disability Services (Safety) Act 2001 that approves standards for fertility services.
Approval of standards during interim period 82 (1) During the interim period, the Director-General of Health may,— (a) (b) by written notice describing by name the standards con- cerned, approve standards for providing fertility ser- vices; and amend or revoke such a notice.

(2) A notice, or the amendment or revocation of a notice, comes into force on the 28th day after the day on which it is published in the Gazette.
(3) A notice and any amendment of a notice, unless sooner re- voked, expires at the end of the interim period.

83 (1) Provisions to be treated as guidelines in interim period In this section, interim period means the period that com- mences on the day after the date on which this Act receives the Royal assent and ends on the third anniversary of that day.
(2) During the interim period, the Minister may— 58 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Part 4 s 85 (a) issue a requirement requiring the ethics committee to treat specified provisions of any document as guidelines issued by the advisory committee for the purposes of this Act; and amend or revoke a requirement of that kind.
(3) A requirement, or the amendment or revocation of a require- ment, comes into force on the 28th day after the day on which it is published in the Gazette.

(b) (5) (4) A requirement and any amendment of a requirement, unless sooner revoked, expires at the end of the interim period.

The ethics committee must give effect to the current form of every requirement.
Every requirement and any amendment or revocation of the requirement must be published in the Gazette, and the publica- tion of a requirement or an amendment of a requirement must identify the provisions that are to be treated as guidelines but need not set them out.
(6) 84 (1) (2) Availability of interim standards and guidelines This section applies to the following documents: (a) (b) (c) (d) current notices issued under section 82: standards for the time being approved under section 82: current requirements issued under section 83: provisions required to be treated as guidelines under section 83.
The Director-General of Health must ensure that there are— sufficient copies of the documents available for public (a) inspection, free of charge, at the Head Office of the Min- istry of Health during normal office hours; and sufficient copies of the documents available either for distribution free of charge or for purchase at a reason- able price during normal office hours at places desig- nated by the Director-General of Health.
(b) Amendments to other enactments 85 Amendment to Customs and Excise Act 1996 Amendment(s) incorporated in the Act(s).

59 Part 4 s 86 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Amendment to Medicines Act 1981 86 (1), (2) Amendment(s) incorporated in the Act(s).
(3) Any application made, before the commencement of this sec- tion, under section 96G of the Medicines Act 1981 for the grant of an authorisation in relation to any germ-cell genetic proced- ure or any cloning procedure must be treated as if this Act had not been enacted; and an authorisation under section 96C or section 96D of that Act granted in respect of such an applica- tion has effect as if this Act had not been enacted.
87 Amendment to Summary Proceedings Act 1957 Amendment(s) incorporated in the Act(s).

60 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Schedule 1 Prohibited actions Schedule 1 s 8 Artificially form, for reproductive purposes, a cloned embryo.

For the purposes of this item, a cloned embryo is not formed by splitting, on 1 or more occasions, an embryo that has been formed by the fusion of gametes.
Artificially form, for reproductive purposes, a hybrid embryo.

Implant into a human being a cloned embryo.

Implant into a human being an animal gamete or embryo.

Implant into a human being a hybrid embryo.

Implant into an animal a human gamete or human embryo.

Implant into an animal a hybrid embryo.

Implant into a human being a genetically modified gamete, human embryo, or hybrid embryo.
Implant into a human being gametes derived from a foetus, or an embryo that has been formed from a gamete or gametes derived from a foetus.
61 Schedule 2 Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 Schedule 2 Form of search warrant Warrant under section 69(2) of Human Assisted Reproductive Technology Act 2004 to enter dwellinghouse s 69(2) To [state name of authorised person] Being satisfied on written application made on oath by an author- ised person that there are reasonable grounds to believe that in the dwellinghouse located at [state address or other description of loca- tion]— (a) an offence against the Human Assisted Reproductive Technol- ogy Act 2004 has been or is being committed; or there is any gamete, any kind of embryo or foetus, or being that is or may be evidence of the commission of an offence against the Human Assisted Reproductive Technology Act 2004,— (b) by this warrant I authorise you, on 1 occasion within 14 days of the issue of this warrant, to enter that dwellinghouse and exercise the powers conferred by section 68 of that Act.
Dated at [state place and date of issue].

Conditions (if any) subject to which warrant issued: .............................. District Court Judge (or Justice or court Registrar (not being a constable)).

Schedule 2: amended, on 1 October 2008, by section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
62 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 The reprint General This is a reprint of the Human Assisted Reproductive the Technology Act 2004. amendments to the Act as at 1 November 2008, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

incorporates all Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.
This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions are that are repealed or conventions reprints.
not included followed are the For example, and in Acts, revoked are omitted.

63 Notes Human Assisted Reproductive Technology Act 2004 Reprinted as at 24 January 2009 see For a detailed list of http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
the editorial conventions, Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 4 64 Reprinted as at 24 January 2009 Human Assisted Reproductive Technology Act 2004 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, List of amendments incorporated in this reprint (most recent first) Policing Act 2008 (2008 No 72): section 116(a)(ii) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 47 Human Tissue Act 2008 (2008 No 28): section 91(2) Human Assisted Reproductive Technology Amendment Act 2007 (2007 No 63): sections 4, 5 5 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 65