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Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Enforcement

68: Powers of authorised persons

You could also call this:

"What authorised people can do when checking on fertility clinics and research"

Illustration for Human Assisted Reproductive Technology Act 2004

If you are an authorised person, you have certain powers when it comes to places where assisted reproductive procedures or human reproductive research are happening. You can enter the place and inspect equipment or devices used for these procedures. You can also inspect documents related to these procedures.

You can search for and seize certain things like equipment, documents, or records. You are allowed to use reasonable force to gain entry or break open things, but you must avoid harming any gametes, embryos, or foetuses. You can ask the person in charge of the place to answer your questions.

Some rules from the Search and Surveillance Act 2012 apply to what you can do. This means you have to follow those rules when you are exercising your powers. You cannot make someone answer a question if it might incriminate them.

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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=DLM319398.

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Part 4Enforcement and miscellaneous provisions
Enforcement

68Powers of authorised persons

  1. The powers referred to in section 67, in relation to any place, are the powers to—

  2. enter the place:
    1. inspect—
      1. any equipment or device believed on reasonable grounds to be used in the place in relation to any assisted reproductive procedure or human reproductive research:
        1. any document in the place believed on reasonable grounds to relate to any assisted reproductive procedure or human reproductive research:
          1. search for and seize—
            1. any equipment or device referred to in paragraph (b)(i):
              1. an in vitro gamete:
                1. an in vitro embryo or an in vitro foetus:
                  1. a document or record (whether in electronic or other form):
                  2. use any force for gaining entry to the place and for breaking open any article or thing that is in the place, being force that is reasonable in the circumstances and applied in a manner that is calculated to avoid adverse effects on any gametes, embryos, or foetuses:
                          1. require any person appearing to be in charge of the place concerned (or any part of it) to answer any question the authorised person may reasonably ask for the purpose of exercising the powers of the authorised person.

                            1. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3 and sections 118 and 119) apply.

                            2. Repealed

                            3. Repealed

                            4. This section does not limit the privilege against self-incrimination.

                            Notes
                            • Section 68(1)(c): repealed, on , by section 257(2) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 68(1)(f): repealed, on , by section 257(2) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 68(1)(g): repealed, on , by section 257(2) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 68(1)(h): repealed, on , by section 257(2) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 68(2): replaced, on , by section 257(3) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 68(3): repealed, on , by section 257(3) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 68(4): repealed, on , by section 257(3) of the Search and Surveillance Act 2012 (2012 No 24).