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Human Assisted Reproductive Technology Act 2004
Enforcement and miscellaneous provisions
Transitional provisions
79: Director-General of Health to be advisory committee pending its establishment

Part 1:
Preliminary provisions

3Purposes 4Principles 5Interpretation 6Procedures or treatments may be declared to be established procedures 7Act binds the Crown

Part 2:
Prohibited and regulated activities

Prohibited actions

8Prohibited actions 9Duty to stop development of in vitro human or hybrid embryos 10Restriction and prohibition on further storage of human in vitro embryos and human in vitro gametes stored for applicable period (10 years and extensions)10AEthics committee may approve extensions 10BGiving of approval under section 10A 10CChanging of approval under section 10A 10DCancellation of approval under section 10A 11Restrictions on sex selection of human embryos 12Restriction on obtaining gametes from minors 13Commercial supply of human embryos or human gametes prohibited 14Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements 15Advertising for illegal action prohibited

Activities requiring approval of ethics committee

Activities to proceed only in accordance with approvals and regulations

16Assisted reproductive procedures and human reproductive research only to proceed with prior approval 17Approved activities must proceed in accordance with applicable conditions and regulations

Matters to be considered and decided by ethics committee

18Applications for approval 19Approval of assisted reproductive procedure or research 20Person responsible for activity 21Ethics committee may change conditions 22Ethics committee may cancel approval 23If approval cancelled, activity must be stopped

Moratorium for particular forms of assisted reproductive procedure or human reproductive research

24Moratorium may be imposed on forms of assisted reproductive procedure or human reproductive research 25Committee must not consider applications for approvals subject to moratorium 26Offence to perform procedures or conduct research subject to moratorium

Advisory committee

Establishment, appointments, and functions

32Advisory committee must be established 33Number of members and procedure 34Appointment of members 35Functions of advisory committee

Guidelines and advice

36Advisory committee to publish and notify guidelines 37Advisory committee to provide specific advice in respect of human reproductive research 38Advisory committee to provide specific advice in respect of human assisted reproductive technology 39Advisory committee to call for and consider submissions before giving significant advice 40Public meetings on proposed significant advice 41Requirement to consult

Presentation and publication requirements

42Information about advisory committees to be made public

Part 3:
Information about donors of donated embryos or donated cells and donor offspring

Application

43No retroactive application 44Provisions not applicable to all information

Duties of keepers of information when information requests are made

45Duty to ensure that person requesting information is authorised

Advice to prospective donors

46Providers must give advice to prospective donors and prospective guardians

Information about donors

47Providers must obtain and accept information about donors 48Providers and Registrar-General must keep information about donors 49Access by donors to information about them kept by providers 50Access by donor offspring to information about donors kept by providers and Registrar-General 51Restriction on access to information about donors

Information about donor offspring

52Providers must keep track of donor offspring births 53Providers must notify Registrar-General of donor offspring births 54Providers must give Registrar-General corrected information 55Registrar-General and providers must keep information about donor offspring 56Providers to accept updated and corrected information about donor offspring 57Access by donor offspring to information about them kept by providers or Registrar-General 58Access to information about siblings of donor offspring 59Donor offspring 18 years or older may consent to disclosure of identifying information to donor 60Access by donors to information about donor offspring kept by providers 61Access by donors to information about donor offspring kept by Registrar-General 62Restriction on disclosure of information about donor offspring 63Voluntary register to be maintained by Registrar-General 64Application of this Part to section 63

Court orders deeming certain donor offspring to be 18

65Family Court may confer certain rights on donor offspring aged 16 or 17

Application of Privacy Act 2020

66Application of Privacy Act 2020

Part 4:
Enforcement and miscellaneous provisions

Enforcement

67Matters to be ascertained by authorised persons 68Powers of authorised persons 69Entry of dwellinghouses 70Identification of authorised person 71Notice requirements when place entered 72Disposal of property seized 73Detection of import and export offences 74Exclusion of liability of authorised persons, Customs officers, and assistants 75Offences related to inspections and searches

Miscellaneous provisions

76Regulations 77Liability of employers, principals, and directors 78Fees

Transitional provisions

79Director-General of Health to be advisory committee pending its establishment 80Health and Disability Services (Safety) Act 2001 applies to fertility services 81Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period 82Approval of standards during interim period 83Provisions to be treated as guidelines in interim period 84Availability of interim standards and guidelines

Amendments to other enactments

85Amendment to Customs and Excise Act 1996 86Amendment to Medicines Act 1981 87Amendment to Summary Proceedings Act 1957

Schedule 1:
Prohibited actions

Schedule 2:
Form of search warrant

Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Transitional provisions

79: Director-General of Health to be advisory committee pending its establishment

You could also call this:

"The Director-General of Health is a temporary advisor until a special committee is established."

Illustration for Human Assisted Reproductive Technology Act 2004

The Director-General of Health is like an advisor for now. You will see that this role is temporary. It will stop when a special committee is set up to take its place, but this part of the law is no longer in use.

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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=DLM319816.

Topics:

Health and wellbeing > Healthcare servicesGovernment and voting > Government departments

78: Fees, or

"You must pay a fee before the Registrar-General will do certain things under this law."

80: Health and Disability Services (Safety) Act 2001 applies to fertility services, or

"Fertility services, like helping people have babies, must follow safety rules from the Health and Disability Services Act."

Part 4Enforcement and miscellaneous provisions
Transitional provisions

79Director-General of Health to be advisory committee pending its establishment (Repealed)

Notes

Section 79: repealed, on 21 August 2005, by section 79(2).