Human Assisted Reproductive Technology Act 2004

Preliminary provisions

5: Interpretation

You could also call this:

"What special words in the Human Assisted Reproductive Technology Act 2004 mean"

Illustration for Human Assisted Reproductive Technology Act 2004

When you read the Human Assisted Reproductive Technology Act 2004, you will see some words that have special meanings. The Act says what these words mean, so you can understand them correctly. You need to know what these words mean to understand the Act.

The Act defines words like "advisory committee", "approval", and "assisted reproductive procedure". An "assisted reproductive procedure" is a way to help people have babies, and it can involve creating an embryo outside the body. The Act also defines words like "donor", "donated embryo", and "embryo". A "donor" is someone who gives their cells to help someone else have a baby.

The Act explains what "identifying information" is, which includes a person's name, address, and contact details. It also defines "implant", which means putting something into the body. You will see other words like "in vitro", which means something is outside a living body. The Act says what "Minister" means, which is the Minister of Health.

The Act defines "person responsible" and "provider", which are important for understanding who is in charge of certain activities. A "provider" is someone who performs services that involve donated embryos or cells. The Act also explains what "successor provider" means, which is someone who takes over a provider's business.

The Act defines other words like "surrogacy arrangement", which is when a woman agrees to have a baby for someone else. It also explains what "valuable consideration" is, which includes things like money or favours. All these definitions help you understand the Human Assisted Reproductive Technology Act 2004.

Some words are defined using links to other Acts, like the Customs and Excise Act 2018 and the Births, Deaths, Marriages, and Relationships Registration Act 2021. These links help you find more information about these words.

The Act has many definitions to help you understand the rules and regulations around assisted reproductive technology. These definitions are important for understanding the Act and how it applies to you. You can use these definitions to help you navigate the Act and understand your rights and responsibilities.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319249.


Previous

4: Principles, or

"Guiding rules to keep people safe and respected when making decisions about assisted reproduction"


Next

6: Procedures or treatments may be declared to be established procedures, or

"The Governor-General can decide if a medical treatment is safe and okay to use."

Part 1Preliminary provisions

5Interpretation

  1. 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

        1. means a procedure performed for the purpose of assisting human reproduction that involves—
          1. the creation of an in vitro human embryo; or
            1. the storage, manipulation, or use of an in vitro human gamete or an in vitro human embryo; or
              1. the use of cells derived from an in vitro human embryo; or
                1. the implantation into a human being of human gametes or human embryos; but
                2. does not include an established procedure

                  authorised person

                  1. means a person authorised in writing by the Director-General of Health to enter and inspect premises for the purposes of this Act; and
                    1. 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,—

                              1. 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
                                1. 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
                                  1. 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,—

                                    1. 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
                                      1. 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—

                                              1. an egg or a sperm, whether mature or not; or
                                                1. any other cell (whether naturally occurring or artificially formed or modified) that—
                                                  1. contains only 1 copy of all or most chromosomes; and
                                                    1. 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—

                                                        1. by fusing a human gamete with a non-human gamete; or
                                                          1. by fusing or compacting a cell of a human embryo with the cell of a non-human embryo; or
                                                            1. by fusing or compacting a cell or cells of a human embryo with the cell or cells of another human embryo; or
                                                              1. by transferring the nucleus of a human cell into a non-human egg or a non-human embryo; or
                                                                1. 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

                                                                            1. 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
                                                                              1. 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.

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