Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Activities requiring approval of ethics committee - Moratorium for particular forms of assisted reproductive procedure or human reproductive research

26: Offence to perform procedures or conduct research subject to moratorium

You could also call this:

"Breaking rules about banned reproductive procedures or research is a serious offence"

Illustration for Human Assisted Reproductive Technology Act 2004

If you perform an assisted reproductive procedure or conduct human reproductive research, you commit an offence in certain circumstances. This happens when the procedure or research is subject to a moratorium imposed under section 24(1) and an ethics committee has not approved it or has cancelled its approval. You can be punished if you break this rule.

If you break this rule, you can be liable for imprisonment for up to 2 years or a fine of up to $100,000, or both, when you are convicted. This is a serious punishment for performing a procedure or conducting research that is not allowed. You must follow the rules to avoid this punishment.

You need to know that there are rules about assisted reproductive procedures and human reproductive research to ensure they are done safely and ethically.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319334.

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25: Committee must not consider applications for approvals subject to moratorium, or

"The committee can't approve some types of fertility treatments or research if they're currently banned."

27: Designation of ethics committee, or

"The Minister chooses a committee to make ethical decisions about assisted reproduction and makes sure it has the right people and follows the rules."

Part 2Prohibited and regulated activities
Activities requiring approval of ethics committee: Moratorium for particular forms of assisted reproductive procedure or human reproductive research

26Offence to perform procedures or conduct research subject to moratorium

Every person commits an offence who performs an assisted reproductive procedure or conducts human reproductive research in the following circumstances:
the procedure or research is at the time of its performance of a kind that is subject to a moratorium imposed under section 24(1); and
the ethics committee—
1. has never given its approval for the procedure or research; or
2. has cancelled any approval previously given for the procedure or research.

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

Notes

Section 26(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).