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Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Transitional provisions

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

You could also call this:

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

Illustration for Human Assisted Reproductive Technology Act 2004

When you look at the Health and Disability Services (Safety) Act 2001, it includes fertility services. The Act says fertility services are a type of health or disability service, as defined in section 4(1) of that Act. This means the rules in the Health and Disability Services (Safety) Act 2001 apply to fertility services.

You might wonder what fertility services are. Fertility services are things done to help people have babies, like creating embryos in a lab. This can also include storing, using, or implanting embryos or special cells that can help make babies.

If there is a conflict between this rule and section 7 of the Health and Disability Services (Safety) Act 2001, this rule overrides it. This means that when it comes to fertility services, this rule is more important. It helps keep people safe when they are using fertility services to try to have a baby.

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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=DLM319817.

Topics:
Health and wellbeing > Healthcare servicesFamily and relationships > Children and parenting
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79: Director-General of Health to be advisory committee pending its establishment, or

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

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81: Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period, or

"Fertility service providers must follow health and safety rules during a certain time."

Part 4Enforcement and miscellaneous provisions
Transitional provisions

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

  1. For the purposes of the Health and Disability Services (Safety) Act 2001, fertility services are deemed to be included in the definition of specified health or disability services in section 4(1) of that Act.

  2. In this section and in sections 81 and 82, fertility services means services performed for the purpose of assisting human reproduction that involve—

  3. the creation of an in vitro human embryo; or
    1. the storage, manipulation, or use of an in vitro human gamete or an in vitro human embryo; or
      1. the use of cells derived from an in vitro human embryo; or
        1. the implantation in a human being of human gametes or human embryos.

          1. Subsection (1) overrides section 7 of the Health and Disability Services (Safety) Act 2001.