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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

9: Duty to stop development of in vitro human or hybrid embryos

You could also call this:

"Stop developing lab-made embryos after 14 days to follow the law"

Illustration for Human Assisted Reproductive Technology Act 2004

If you are working with embryos that have been formed in a lab, you need to know when to stop their development. This applies to human embryos and hybrid embryos that have been artificially formed. You must stop the development of these embryos after a certain time.

If you know an embryo has been developing past this time, you must not do certain things. You must not bring the embryo into or out of New Zealand, help it develop further, keep it to use in research or for reproductive purposes, or use it for these things. You can get in trouble if you do these things.

People in charge of activities with embryos must make sure they follow the rules. They must take steps to stop the development of embryos at the right time. If they do not, they can get in trouble.

The rules say that the development of human and hybrid embryos must stop 14 days after they are formed, or when a certain stage of development is reached, whichever is earlier. If you break the rules, you can be punished with imprisonment or a fine. The punishment can be up to 2 years in prison or a $100,000 fine, or both, for some offences. For other offences, the punishment can be a fine of up to $50,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319311.

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8: Prohibited actions, or

"Things you are not allowed to do with assisted reproduction technology that can get you in trouble with the law"

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10: Restriction and prohibition on further storage of human in vitro embryos and human in vitro gametes stored for applicable period (10 years and extensions), or

"Rules for storing human embryos and gametes: you can store them for 10 years, with possible extensions, then they must be disposed of."

Part 2Prohibited and regulated activities
Prohibited actions

9Duty to stop development of in vitro human or hybrid embryos

  1. This section applies to an in vitro human embryo or an in vitro hybrid embryo that has been artificially formed (whether in New Zealand or elsewhere).

  2. Every person commits an offence who, knowing that the embryo has been developing after the specified day, intentionally—

  3. imports the embryo into New Zealand or exports the embryo from New Zealand; or
    1. does anything,—
      1. in the case of a human embryo, to cause the further development of the embryo outside the body of a human being; or
        1. in the case of a hybrid embryo, to cause the further development of the embryo; or
        2. possesses the embryo with a view to using it in human reproductive research or for reproductive purposes; or
          1. uses the embryo in human reproductive research or for reproductive purposes.

            1. Every provider and every person responsible for an activity approved by the ethics committee commits an offence who fails to take all practicable steps to ensure that subsection (2) is not contravened.

            2. For the purposes of this section, specified day means,—

            3. in relation to a human embryo, the 14th day after its formation (exclusive of any day during which the development of the embryo is suspended); and
              1. in relation to a hybrid embryo, the 14th day after its formation (exclusive of any day during which the development of the embryo is suspended) or the day on which the primitive streak appears, whichever is the earlier.

                1. Every person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $100,000, or both.

                2. Every person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $50,000.

                Notes
                • Section 9(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 9(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).