Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Advisory committee - Establishment, appointments, and functions

35: Functions of advisory committee

You could also call this:

"The advisory committee's jobs are to help keep people safe and fair in assisted reproduction and give advice to important groups."

Illustration for Human Assisted Reproductive Technology Act 2004

The advisory committee has some jobs to do. You can think of these jobs as helping to make sure people are treated fairly and safely when it comes to things like assisted reproductive procedures. The committee gives advice to another group called the ethics committee on certain matters, like storing human eggs or embryos.

The committee also gives advice on any matter related to assisted reproductive procedures or human reproductive research. They keep their guidelines and advice under review to make sure they are still relevant.

The committee provides advice to the Minister on aspects of assisted reproductive procedures or human reproductive research. This includes advice on whether a procedure should be allowed or banned, or if rules should be made to regulate these procedures. They also advise on whether a procedure should be considered established or not.

The committee works with the ethics committee on general and specific matters. They can also talk to other people who can help them do their job. The Minister can give the committee other jobs to do by written notice.

To do their job, the committee must keep an eye on how assisted reproductive procedures are working and the health outcomes of these procedures. They also need to monitor developments in human reproductive research.

The Director-General of Health must help the committee by giving them administrative support. The committee's guidelines are considered secondary legislation, which means they have to follow certain rules for publication, as outlined in the Legislation Act 2019.

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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=DLM319348.

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34: Appointment of members, or

"The Minister picks people for a special group to give advice, choosing those with the right skills and views."

36: Advisory committee to publish and notify guidelines, or

"The advisory committee makes and shares rules after talking to people and considering their feedback."

Part 2Prohibited and regulated activities
Advisory committee: Establishment, appointments, and functions

35Functions of advisory committee

The advisory committee has the following functions:
to issue guidelines and give advice to the ethics committee on the matters that the ethics committee must take into account in considering whether to give, change, or cancel in accordance with sections 10B to 10D an approval under section 10A for an extension to the applicable period for the storage of a human in vitro gamete or a human in vitro embryo:
to issue guidelines and give advice to the ethics committee on any matter relating to any kind of assisted reproductive procedure or human reproductive research and to keep such guidelines and advice under review:
to provide the Minister with advice on aspects of, or issues arising out of, kinds of assisted reproductive procedure or human reproductive research and, without limitation, advice as to whether—
1. this Act or another enactment should be amended to prohibit or provide for any kind of assisted reproductive procedure or human reproductive research:
2. on the basis of the information, assessment, advice, and ethical analysis required under section 6(2)(a) to (d), any kind of procedure or treatment should be declared an established procedure:
3. any established procedure should be modified or should cease to be an established procedure:
4. a moratorium should be imposed on any kind of assisted reproductive procedure or human reproductive research:
5. regulations should be made under section 76 to regulate the performance of any kind of assisted reproductive procedure or the conduct of any kind of human reproductive research:
to liaise with the ethics committee on general and specific matters relating to assisted reproductive procedures or human reproductive research:
to consult with any persons who, in the opinion of the advisory committee, are able to assist it to perform its functions:
any other function that the Minister assigns to the advisory committee by written notice.

For the purposes of performing its functions under subsection (1), the advisory committee must monitor—
the application, and health outcomes, of assisted reproductive procedures and established procedures; and
developments in human reproductive research.

For the purpose of assisting the advisory committee in the performance of its functions, the Director-General of Health must provide the committee with administrative support.
Guidelines under subsection (1)(aa) or (a) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 35(1)(aa): inserted, on 16 October 2010, by section 9(1) of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).
Section 35(1)(a): amended, on 16 October 2010, by section 9(2) of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).
Section 35(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).