Power Simon: Human Assisted Reproductive Technology (Storage) Amendment Bill — Second Reading 
Power Simon: Human Assisted Reproductive Technology (Storage) Amendment Bill — Second Reading 
[Volume:666;Page:13722] 
Hon SIMON POWER (Minister of Justice) 
: 
 I move  
That the Human Assisted Reproductive Technology (Storage) Amendment Bill be now read a second time 
. I thank the Health Committee for its careful consideration of the bill and its recommendation that the bill be passed with some amendments. 
The bill clarifies and implements the policy intent of section 10 of the Human Assisted Reproductive Technology Act 2004 which deals with the storage of human gametes and embryos. The Act provides that gametes and embryos may be stored for only 10 years although it allows for extensions to the storage limit in particular cases. The 10-year limit on storage starts from when the Act came into force on 22 November 2004 or from when the storage of a gamete or an embryo began whichever is later. The Government received legal advice that indicates that as the Act is currently written the 10-year limit starts from when a gamete or embryo was stored. This means that some gametes or embryos placed in storage prior to 22 November 2004 are in unintentional breach of the Act. To enforce the Act as it stands would require the destruction of these gametes and embryos. That would be unreasonable and unfair on the couples concerned and on fertility clinics who had been acting in good faith. 
The bill also clarifies the roles of the Ethics Committee on Assisted Reproductive Technology and the Advisory Committee on Assisted Reproductive Technology under the Act in extending the storage of gametes and embryos. When approving extensions to the storage limit the ethics committee must apply the relevant guidelines and advice issued by the advisory committee. 
The Health Committee received eight submissions on the bill. 
Hon David Parker 
: 80 or 8? 
Hon SIMON POWER 
: Just eight. All supported its purpose although they proposed a number of useful amendments. Some submitters expressed concern that the bill was not clear about how the 10-year storage limit is calculated for gametes or embryos that have for a period been stored outside New Zealand. The committee recommended making it explicit that any storage time outside New Zealand is included in calculating the 10-year limit on stored gametes and embryos. This is not an area that I have a great deal of expertise in and it is a bit of an anomaly that the Minister of Justice is dealing with these issues but I will do my best. Reproductive technology allows embryos to be created from previously stored gametes so the committee has recommended clarifying that the 10-year storage limit runs from the first storage date of any gamete used to make a stored embryo. In addition any extension that has been granted for the storage of that gamete also applies to the storage limit for any embryo created from that gamete. 
The committee has also suggested amendments to address concerns that the Act would place an unnecessary burden on clinics if they were legally obliged to dispose of a gamete or embryo on the day that the storage limit expired. The committee has suggested the inclusion of a 6-month grace period to dispose to gametes and embryos after the storage limit expires—a sensible suggestion. Finally to ensure that section 10 of the principal Act can be enforced the committee has recommended amending section 67(2)(c) to ensure that the Act’s enforcement provisions are available for any storage that contravenes section 10. 
This bill will provide certainty to couples who are trying to have children and for that reason I implore the House to deal with it expeditiously. I commend this bill to the House.