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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

15: Advertising for illegal action prohibited

You could also call this:

"It's against the law to advertise for people to do things that are not allowed."

Illustration for Human Assisted Reproductive Technology Act 2004

You cannot advertise for people to do things that are against the law, like what is prohibited by section 8, section 13, or section 14. When you advertise, you are making information public, which can be done in many ways, such as putting it in a newspaper, sending it to someone, or putting it on the internet. You can also advertise by broadcasting on the radio or TV, as defined in the Broadcasting Act 1989, or by showing a film or video.

If you break this rule, you might have to go to prison for up to three months, or pay a fine of up to $2,500, or both. You should know what "publish" means, which includes many things like sending something to someone or putting it on a computer disk. Publishing also means distributing something, displaying a sign, or bringing something to people's attention in any other way in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319318.

Topics:
Health and wellbeing > Public healthRights and equality > PrivacyCrime and justice > Criminal law
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14: Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements, or

"Surrogacy is allowed, but you can't pay someone to do it or take them to court over it"

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16: Assisted reproductive procedures and human reproductive research only to proceed with prior approval, or

"You must get approval before doing special baby-making treatments or research on humans."

Part 2Prohibited and regulated activities
Prohibited actions

15Advertising for illegal action prohibited

  1. No person may, with the intention of obtaining responses from members of the public, publish, or arrange for any other person to publish, any material that invites persons to participate, or to inquire about opportunities for participating, in actions that are prohibited by section 8 or section 13 or section 14.

  2. For the purposes of subsection (1), publish means—

  3. insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or
    1. send to any person, by post or otherwise; or
      1. deliver to any person or leave upon premises occupied by any person; or
        1. broadcast within the meaning of the Broadcasting Act 1989; or
          1. include in any film or video recording; or
            1. include in any disk for use with a computer; or
              1. disseminate by means of the Internet or any other electronic medium; or
                1. distribute by any means; or
                  1. display by way of a sign, notice, poster, or other means; or
                    1. bring to the notice of the public in New Zealand in any other manner.

                      1. Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,500, or both.

                      Notes
                      • Section 15(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).