New Zealand Acts

HUMAN ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2004

- As at 1 August 2025
- Act 92 of 2004

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

   3.      Purposes
   4.      Principles
   5.      Interpretation
   6.      Procedures or treatments may be declared to be established procedures
   7.      Act binds the Crown

   PART 2 - Prohibited and regulated activities

           SUBPART 1 - Prohibited actions

   8.      Prohibited actions
   9.      Duty to stop development of in vitro human or hybrid embryos
   10.     Restriction and prohibition on further storage of human in vitro embryos and human in vitro gametes stored for applicable period (10 years and extensions)
   10A.    Ethics committee may approve extensions
   10B.    Giving of approval under section 10A
   10C.    Changing of approval under section 10A
   10D.    Cancellation of approval under section 10A
   11.     Restrictions on sex selection of human embryos
   12.     Restriction on obtaining gametes from minors
   13.     Commercial supply of human embryos or human gametes prohibited
   14.     Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements
   15.     Advertising for illegal action prohibited

           SUBPART 2 - Activities requiring approval of ethics committee

   16.     Assisted reproductive procedures and human reproductive research only to proceed with prior approval
   17.     Approved activities must proceed in accordance with applicable conditions and regulations
   18.     Applications for approval
   19.     Approval of assisted reproductive procedure or research
   20.     Person responsible for activity
   21.     Ethics committee may change conditions
   22.     Ethics committee may cancel approval
   23.     If approval cancelled, activity must be stopped
   24.     Moratorium may be imposed on forms of assisted reproductive procedure or human reproductive research
   25.     Committee must not consider applications for approvals subject to moratorium
   26.     Offence to perform procedures or conduct research subject to moratorium
   27.     Designation of ethics committee
   28.     Functions of ethics committee
   29.     Ethics committee must operate expeditiously and in accordance with guidelines of advisory committee
   30.     Advisory committee to be informed of approvals
   31.     Information about ethics committee must be made public

           SUBPART 3 - Advisory committee

   32.     Advisory committee must be established
   33.     Number of members and procedure
   34.     Appointment of members
   35.     Functions of advisory committee
   36.     Advisory committee to publish and notify guidelines
   37.     Advisory committee to provide specific advice in respect of human reproductive research
   38.     Advisory committee to provide specific advice in respect of human assisted reproductive technology
   39.     Advisory committee to call for and consider submissions before giving significant advice
   40.     Public meetings on proposed significant advice
   41.     Requirement to consult
   42.     Information about advisory committees to be made public

   PART 3 - Information about donors of donated embryos or donated cells and donor offspring

   43.     No retroactive application
   44.     Provisions not applicable to all information
   45.     Duty to ensure that person requesting information is authorised
   46.     Providers must give advice to prospective donors and prospective guardians
   47.     Providers must obtain and accept information about donors
   48.     Providers and Registrar-General must keep information about donors
   49.     Access by donors to information about them kept by providers
   50.     Access by donor offspring to information about donors kept by providers and Registrar-General
   51.     Restriction on access to information about donors
   52.     Providers must keep track of donor offspring births
   53.     Providers must notify Registrar-General of donor offspring births
   54.     Providers must give Registrar-General corrected information
   55.     Registrar-General and providers must keep information about donor offspring
   56.     Providers to accept updated and corrected information about donor offspring
   57.     Access by donor offspring to information about them kept by providers or Registrar-General
   58.     Access to information about siblings of donor offspring
   59.     Donor offspring 18 years or older may consent to disclosure of identifying information to donor
   60.     Access by donors to information about donor offspring kept by providers
   61.     Access by donors to information about donor offspring kept by Registrar-General
   62.     Restriction on disclosure of information about donor offspring
   63.     Voluntary register to be maintained by Registrar-General
   64.     Application of this Part to section 63
   65.     Family Court may confer certain rights on donor offspring aged 16 or 17
           Note
   66.     Application of Privacy Act 2020

   PART 4 - Enforcement and miscellaneous provisions

   67.     Matters to be ascertained by authorised persons
   68.     Powers of authorised persons
   69.     Entry of dwellinghouses
   70.     Identification of authorised person
   71.     Notice requirements when place entered
   72.     Disposal of property seized
   73.     Detection of import and export offences
   74.     Exclusion of liability of authorised persons, Customs officers, and assistants
   75.     Offences related to inspections and searches
   76.     Regulations
   77.     Liability of employers, principals, and directors
   78.     Fees
   79.     Director-General of Health to be advisory committee pending its establishment
   80.     Health and Disability Services (Safety) Act 2001 applies to fertility services
   81.     Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period
   82.     Approval of standards during interim period
   83.     Provisions to be treated as guidelines in interim period
   84.     Availability of interim standards and guidelines
   85.     Amendment to Customs and Excise Act 1996
   86.     Amendment to Medicines Act 1981
   87.     Amendment to Summary Proceedings Act 1957
           SCHEDULE 1
           SCHEDULE 2