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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Activities requiring approval of ethics committee - Matters to be considered and decided by ethics committee

21: Ethics committee may change conditions

You could also call this:

"The ethics committee can change the rules for something that's already been approved."

Illustration for Human Assisted Reproductive Technology Act 2004

The ethics committee can change an approval in certain ways. You might wonder what this means - an approval is like a permission to do something, and the ethics committee is a group that decides if something is okay to do. The committee can change the conditions of the approval, which are like rules that must be followed.

The committee can do this in a few ways, such as changing a condition that was already set, getting rid of a condition, or adding a new one. The committee can make these changes on its own if it thinks it's necessary to follow the law or guidelines, or to fix a mistake.

If you are the person in charge of the activity that was approved, you can ask the committee to make changes to the approval. The committee will consider your request and might make the changes if they think it's consistent with the guidelines. Before the committee makes any changes on its own, it must tell you why it's thinking of making the change and give you a chance to say what you think.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319328.

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20: Person responsible for activity, or

"Who is in charge of making sure everything is done correctly during an activity"

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22: Ethics committee may cancel approval, or

"The ethics committee can stop something they previously approved if rules are broken."

Part 2Prohibited and regulated activities
Activities requiring approval of ethics committee: Matters to be considered and decided by ethics committee

21Ethics committee may change conditions

  1. The ethics committee may change an approval in 1 or more of the following respects:

  2. by varying a condition previously imposed on the approval:
    1. by revoking a condition previously imposed on the approval:
      1. by imposing 1 or more new conditions on the approval.

        1. The ethics committee may change the approval on its own initiative only if it is satisfied that the change is necessary—

        2. to ensure consistency with this Act or relevant guidelines or relevant advice issued or given by the advisory committee before or after the date on which the approval was given; or
          1. to correct an error or omission made by the ethics committee.

            1. The ethics committee may change the approval at the request of the person responsible for the activity undertaken under the approval if it is satisfied that the change is consistent with relevant guidelines or relevant advice issued or given by the advisory committee before or after the date on which the approval was given.

            2. In any case where the person responsible for the activity requests the ethics committee to exercise its power under subsection (1)(a), the power may be exercised by 1 or more members of the committee authorised by the committee in that behalf.

            3. The ethics committee may not change the approval on its own initiative unless it has first—

            4. informed the person responsible for the activity undertaken under the approval concerned why it is considering the change; and
              1. given that person a reasonable time to make written submissions and be heard on the question, either personally or by his or her representative; and
                1. considered any submissions made in that time.