New Zealand Acts

HUMAN ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2004 - SECT 35

35 Functions of advisory committee

1 The advisory committee has the following functions:

aa) to issue guidelines and give advice to the ethics committee on the matters that the ethics committee must take into account in considering whether to give, change, or cancel in accordance with sections 10B to 10D an approval under section 10A for an extension to the applicable period for the storage of a human in vitro gamete or a human in vitro embryo:

a) to issue guidelines and give advice to the ethics committee on any matter relating to any kind of assisted reproductive procedure or human reproductive research and to keep such guidelines and advice under review:

b) to provide the Minister with advice on aspects of, or issues arising out of, kinds of assisted reproductive procedure or human reproductive research and, without limitation, advice as to whether—

i) this Act or another enactment should be amended to prohibit or provide for any kind of assisted reproductive procedure or human reproductive research:

ii) on the basis of the information, assessment, advice, and ethical analysis required under section 6(2)(a) to (d) , any kind of procedure or treatment should be declared an established procedure:

iii) any established procedure should be modified or should cease to be an established procedure:

iv) a moratorium should be imposed on any kind of assisted reproductive procedure or human reproductive research:

v) 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:

c) to liaise with the ethics committee on general and specific matters relating to assisted reproductive procedures or human reproductive research:

d) to consult with any persons who, in the opinion of the advisory committee, are able to assist it to perform its functions:

e) any other function that the Minister assigns to the advisory committee by written notice.

2 For the purposes of performing its functions under subsection (1), the advisory committee must monitor—

a) the application, and health outcomes, of assisted reproductive procedures and established procedures; and

b) developments in human reproductive research.

3 For the purpose of assisting the advisory committee in the performance of its functions, the Director-General of Health must provide the committee with administrative support.

4 Guidelines under subsection (1)(aa) or (a) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 35(1)(aa): inserted, on 16 October 2010, by section 9(1) of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).   Section 35(1)(a): amended, on 16 October 2010, by section 9(2) of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).     Section 35(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).