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Human Assisted Reproductive Technology Act 2004

Preliminary provisions

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

You could also call this:

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

Illustration for Human Assisted Reproductive Technology Act 2004

The Governor-General can decide if a medical procedure or treatment is an established procedure. This decision is made after the Minister gets advice from a special committee. You can find out what an established procedure is by looking at section 5. The committee gives the Minister a report about the procedure or treatment. The report includes information about it, the risks and benefits, and if it is safe. The committee also does an ethical analysis and advises if the procedure or treatment should be declared established. After the report is given to the Minister, it is published on the Internet. If the Governor-General makes an order about a procedure or treatment, it is secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319306.

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

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"The government must follow this law too"

Part 1Preliminary provisions

6Procedures 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:

  2. a medical, scientific, or technical procedure:
    1. a medical treatment:
      1. an application of a medical, scientific, or technical procedure:
        1. an application of a medical treatment.

          1. 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:

          2. information about the procedure or treatment:
            1. an assessment, drawn from published and peer reviewed research, of the known risks and benefits to health of the procedure or treatment:
              1. 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:
                1. an ethical analysis of the procedure or treatment:
                  1. advice as to whether, in its expert opinion, the Minister should recommend that the procedure or treatment be declared an established procedure.

                    1. 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.

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

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