New Zealand Acts

HUMAN ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2004 - SECT 5

5 Interpretation

In this Act, unless the context otherwise requires,—  
"advisory committee" means the committee established under section 32     
"approval" , in relation to the ethics committee, means an approval given by the ethics committee under section 19     
"assisted reproductive procedure" or procedure —  

a) means a procedure performed for the purpose of assisting human reproduction that involves—

i) the creation of an in vitro human embryo; or

ii) the storage, manipulation, or use of an in vitro human gamete or an in vitro human embryo; or

iii) the use of cells derived from an in vitro human embryo; or

iv) the implantation into a human being of human gametes or human embryos; but

b) does not include an established procedure

"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

b) includes the Director-General of Health

"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 5(1) of the Customs and Excise Act 2018     
"donated cell" means the whole or part of an in vitro human gamete or other in vitro human cell that is donated for reproductive purposes    
"donated embryo" means an in vitro human embryo that is donated 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,—  

a) in relation to a donor offspring, means the donor or donors of a donated embryo or a donated cell from which the donor offspring was formed; and

b) 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

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 donated embryo, or a donated cell, that is derived wholly or partly from the donor's body; and

b) 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

"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 section 6     
"ethics committee" means the committee designated under section 27     
"gamete" means—  

a) an egg or a sperm, whether mature or not; or

b) any other cell (whether naturally occurring or artificially formed or modified) that—

i) contains only 1 copy of all or most chromosomes; and

ii) is capable of being used for reproductive purposes

"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

b) by fusing or compacting a cell of a human embryo with the cell of a non-human embryo; or

c) by fusing or compacting a cell or cells of a human embryo with the cell or cells of another human embryo; or

d) by transferring the nucleus of a human cell into a non-human egg or a non-human embryo; or

e) 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 approved 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, services in which donated embryos or donated cells are used; and

b) includes a successor provider

"Registrar-General" means the person for the time being appointed to that office under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021   
"still-born child" has the meaning given to it by section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021     
"successor provider" means the successor, receiver, or liquidator of any provider or successor provider    
"surrogacy arrangement" means an arrangement under which a woman agrees to become pregnant for the purpose of surrendering 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.  

History: Section 5 Customs officer: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).   Section 5 Registrar-General: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).     Section 5 still-born child: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).