Shearer David: Human Assisted Reproductive Technology (Storage) Amendment Bill — First Reading 
Shearer David: Human Assisted Reproductive Technology (Storage) Amendment Bill — First Reading 
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DAVID SHEARER (Labour—Mt Albert) 
: 
 I rise to speak in the first reading of the Human Assisted Reproductive Technology (Storage) Amendment Bill. The Labour Opposition supports this bill in its first reading and referral to select committee. 
The purpose of this bill is to amend several aspects of the Human Assisted Reproductive Technology Act of 2004. It is a fairly recent Act but I think the amendment is necessary given the advances in science now and as we move forward into the future. My colleague across the House was just speaking of the increased need or demand for in vitro fertilisation treatment. That is a function of a lot of things but particularly as we have seen recently of the falling sperm rate in the New Zealand population. It is therefore a useful and timely moment to look at the Human Assisted Reproductive Technology (Storage) Amendment Bill and to bring it into line with many of the needs that we see in this area at the moment. 
This bill amends several aspects of the Human Assisted Reproductive Technology Act 2004 which prohibits the storage of a human in vitro gamete the actual sperm itself or the in vitro embryo—in a sense the fertilised embryo or egg—for longer than 10 years or a longer period if the Ethics Committee on Assisted Reproductive Technology established under the Act approves. Why is this legislation being amended? The 10-year prohibition applies to gametes and embryos that were stored before 22 November 2004 when the prohibition came into force. Because of this the fertility clinics acting in good faith have unknowingly breached the Act. Many of these clinics are doing excellent work for couples throughout New Zealand in helping them to conceive children. They are acting in good faith they are doing what they believe is the right thing but unknowingly and unwittingly they are breaching this Act. This was not intended by the original 2004 Act and the Government therefore proposes to amend the Act with Labour’s support to ensure that no account may be taken of the period for which the gametes or embryos were stored before 22 November 2004. 
There has been a degree of uncertainty as to whether the Ministerial Advisory Committee on Assisted Reproductive Procedures and Human Reproductive Research under the Act may issue guidelines and advice to the ethics committee on matters to be taken into account in considering whether to approve a longer period for the storage. There is also uncertainty as to whether the ethics committee may extend the storage period only if the extension would be consistent with the guidelines handed down by the advisory committee. 
The amendment therefore clarifies much of the 2004 Act brings it into line with the intention of the original Act ensures that the fertility clinics themselves are acting lawfully—even though as I say unintentionally they are acting unlawfully—and ensures that the 2004 Act is in fact doing what it was originally set up to do. For that reason this legislation is needed. It should go to the select committee where we can hear the full range and breadth of opinion from across the specific area of fertility and the expertise that we can draw on and we can look at this amendment in light of trying to make the 2004 Act apply and do what it is supposed to in light of its intentions at the time of enactment. For that reason we recommend that the bill goes to select committee. We are in support of its main provisions. Thank you.