New Zealand Acts

HUMAN TISSUE ACT 2008 - SECT 6

6 Interpretation

In this Act, unless the context otherwise requires,—  
"anatomical examination" means examination of a body, or any part of a body, for the purpose of the study and practice of the science of anatomy    
"associate coroner" means a person who holds office as an associate coroner under the Coroners Act 2006     
"authorised person" means a person who is not the Director-General but is authorised in writing by the Director-General to enter and inspect premises for the purposes of this Act    
"body" means a dead human body    
"capable" , in relation to an individual and a decision whether to give, make, raise, amend, revoke, revoke and replace, or accept or disagree with informed consent, an informed objection, an overriding objection, or a nomination, means that the individual has the capacity to—  

a) understand the nature, and foresee the consequences, of the decision; and

b) communicate the decision

"close available relative" has the meaning given to it by section 10   
"Code" means the Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under section 74(1) of the Health and Disability Commissioner Act 1994    
"collect" , in relation to human tissue, means to remove or take that tissue from a living individual, as a body, or from a body    
"consumer" means a health consumer or a disability services consumer, as those terms are defined in section 2(1) of the Health and Disability Commissioner Act 1994    
"controlled drug" means a controlled drug within the meaning of the Misuse of Drugs Act 1975     
"coroner" includes an associate coroner to the extent that they have the jurisdiction of a coroner under the Coroners Act 2006     
"dead foetus" means a foetus that does not breathe or show any other sign of life (such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles), whether or not all or any of the following apply:  

a) the umbilical cord has been severed:

b) the placenta has detached:

c) the foetus has issued completely from its mother

"Director-General" means the chief executive under the Public Service Act 2020 of the Ministry of Health  
"donor analysis" , in relation to human tissue, means analysis for the purpose of providing information (including genetic information) about an actual or potential condition or trait of the individual whose tissue was collected    
"embryo" includes a zygote, and a cell or group of cells that has the capacity to develop into an individual    
"ethics committee" means an ethics committee—  

a) established by, or appointed under, an enactment; or

b) approved by the Director-General

"exportation" has the same meaning as in section 5(1) of the Customs and Excise Act 2018   
"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

"head" , in relation to a school of anatomy, means the person who is, or who is authorised to represent the group of people or the organisation that is, responsible for the operation of the school  
"health care procedure" has the meaning given to it by section 2(1) of the Health and Disability Commissioner Act 1994    
"health practitioner" has the meaning given to it by section 5(1) of the Health Practitioners Competence Assurance Act 2003    
"human tissue" or
"tissue" has the meaning given to it by section 7     
"immediate family" , in relation to a dead individual,—  

a) means members of the individual’s family, whānau, or other culturally recognised family group, who—

i) were in a close relationship with the individual; or

ii) had, in accordance with customs or traditions of the community of which the individual was part, responsibility for the individual’s welfare and best interests; and

b) to avoid doubt, includes a person whose relationship to the dead individual was, or was a relationship that is established through, 1 or more of the following relationships:

i) spouse, civil union partner, or de facto partner of the individual:

ii) child, parent, guardian, grandparent, brother, or sister of the individual:

iii) stepchild, step-parent, stepbrother, or stepsister of the individual

"importation" has the same meaning as in section 5(1) of the Customs and Excise Act 2018   
"informed consent" has the meaning given to it by section 9     
"informed objection" has the meaning given to it by section 9     
"inspector" , in relation to a school of anatomy, means a person appointed under section 80 to be an inspector of that school of anatomy    
"marae" includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated    
"medical practitioner" means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003    
"medicine" means a medicine within the meaning of the Medicines Act 1981     
"Minister" means the Minister of Health    
"national organ and tissue donor register" means any register established or recognised by regulations under section 78     
"nomination" means a nomination under section 39     
"nominee" means a person nominated under section 39     
"non-health-care tissue" means human tissue that is, or is derived from, human tissue that is collected from a living individual, but is neither—  

a) collected from a consumer in the course of a health care procedure; nor

b) derived from human tissue collected in that way

"other donor information" includes—

a) a request by a person that his or her body or any specified part of his or her body be used after his or her death for therapeutic purposes or for purposes of health practitioner education or any kind of research; and

b) information (referred to in the Land Transport Act 1998 as organ donor information) indicating that an applicant for, or holder of, a driver licence has agreed in general terms, or has objected in general terms, to that applicant or holder being an organ donor

"overriding objection" has the meaning given to it by section 9   
"post-mortem" means a post-mortem examination    
"Registrar" means any Registrar or Deputy-Registrar of the High Court or of the District Court    
"responsible person" has the meaning given to it by section 12     
"school of anatomy" means a school of anatomy whose establishment is authorised by an order made under section 77     
"secondary purpose" , in relation to any collection or use of human tissue collected from a living individual or that is, or is collected from, a body, means that the collection or use is for a purpose that is not covered by informed consent—  

a) to the collection or use, by any person, and for identified purposes, of tissue collected from that living individual or tissue that is, or is collected from, the body; and

b) given, and not later revoked, in accordance with the requirements of this Act

"use" , in relation to any human tissue,—

a) includes—

i) the performance of a post-mortem involving that tissue; and

ii) research using that tissue; and

iii) anatomical examination and public display of that tissue; and

iv) testing (including donor analysis) of that tissue; and

v) storage of that tissue; and

vi) disposal of that tissue; and

b) in particular, includes use of that tissue in the development, making or preparation, and testing of controlled drugs, medicines, or both; and

c) includes, whether or not that tissue is non-health-care tissue, and except as provided in paragraph (e), the use of that tissue (for example, the administration or transplantation of that tissue) in the carrying out of a health-care procedure; and

d) includes, except as provided in paragraphs (e) and (f), use of that tissue for a secondary purpose; but

e) does not include use of that tissue in so far as it is, or is part of, a controlled drug, a medicine, or both; and

f) does not include the importation or the exportation of that tissue.

History: Section 6 associate coroner: inserted, on 5 April 2023, by section 36 of the Coroners Amendment Act 2023 (2023 No 8).   Section 6 coroner: inserted, on 5 April 2023, by section 36 of the Coroners Amendment Act 2023 (2023 No 8).     Section 6 Director-General: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).     Section 6 exportation: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).     Section 6 importation: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).     Section 6 Registrar: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).