New Zealand Acts

HUMAN ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2004 - SECT 6

6 Procedures or treatments may be declared to be established procedures

1 The Governor-General may, by Order in Council made on the recommendation of the Minister given after advice tendered by the advisory committee, declare any of the following to be an established procedure for the purposes of the definition of assisted reproductive procedure in section 5 :

a) a medical, scientific, or technical procedure:

b) a medical treatment:

c) an application of a medical, scientific, or technical procedure:

d) an application of a medical treatment.

2 In tendering advice to the Minister, under subsection (1), about a procedure or treatment, the advisory committee must provide the Minister with a report that sets out the following:

a) information about the procedure or treatment:

b) an assessment, drawn from published and peer reviewed research, of the known risks and benefits to health of the procedure or treatment:

c) advice as to whether, in its expert opinion, the known risks to health of the procedure or treatment fall within a level of risk that is acceptable in New Zealand:

d) an ethical analysis of the procedure or treatment:

e) advice as to whether, in its expert opinion, the Minister should recommend that the procedure or treatment be declared an established procedure.

3 Promptly after providing the Minister with a report under subsection (2), the chairperson of the advisory committee must ensure that the report is published on the Internet.

4 An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 6(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).