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Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Enforcement

67: Matters to be ascertained by authorised persons

You could also call this:

"Checking if places follow assisted reproductive technology rules"

Illustration for Human Assisted Reproductive Technology Act 2004

If you are an authorised person, you can check a place if you think it might have something to do with assisted reproductive technology. You can check if there are gametes, embryos or foetuses in the place, or if any assisted reproductive procedures or human reproductive research are happening there. You can use powers from section 68 to find out these things.

You want to know if the place is doing anything it should not be doing, like breaking rules in sections 8 to 13 or section 26. You also want to know if the place is following regulations made under section 76(1). You can check if the place has approval from an ethics committee and if it is following any conditions that came with that approval.

You can check if the place is storing gametes or embryos, and if it is doing so correctly. You are trying to find out if the place is following the rules and doing things properly. You have the power to check the place at a reasonable time to make sure everything is okay.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319397.

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Part 4Enforcement and miscellaneous provisions
Enforcement

67Matters to be ascertained by authorised persons

  1. Subsection (2) applies if an authorised person believes on reasonable grounds that there is a place (the place) in which—

  2. a gamete, an embryo or a foetus, or being that has been formed by an action described in Schedule 1 is located; or
    1. any assisted reproductive procedure is performed or any human reproductive research is conducted.

      1. The authorised person may at any reasonable time exercise any of the powers in section 68 reasonably necessary to ascertain all or any of the following matters:

      2. whether a gamete, an embryo or a foetus, or being that has been formed by an action described in Schedule 1 is, in fact, located in the place:
        1. whether any assisted reproductive procedure or any human reproductive research is, in fact, performed or conducted in the place:
          1. whether the performance of any assisted reproductive procedure or the conduct of any human reproductive research, or any storage of an in vitro human gamete or an in vitro human embryo and that is not, or is not part of, any assisted reproductive procedure or human reproductive research,—
            1. involves a contravention of any of sections 8 to 13:
              1. involves a contravention of section 26:
                1. complies with any regulations made under section 76(1) that regulate any kind of assisted reproductive procedure or human reproductive research:
                  1. complies with the requirement to obtain the approval of the ethics committee for the performance of an assisted reproductive procedure or the conduct of human reproductive research:
                    1. complies with any conditions included in an approval given by an ethics committee.

                    Notes
                    • Section 67(2)(c): amended, on , by section 10 of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).