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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

10C: Changing of approval under section 10A

You could also call this:

"The ethics committee can change its earlier decision if it's fair and follows the rules."

Illustration for Human Assisted Reproductive Technology Act 2004

The ethics committee can change an approval under section 10A if it follows guidelines from the advisory committee. You need to know the committee must be satisfied the change is consistent with these guidelines. The committee gets advice from the advisory committee to help make decisions.

The ethics committee can change an approval in a few ways, such as changing a condition, removing a condition, or adding a new condition. This means the committee can make changes to what was originally agreed. The committee can make these changes to ensure the approval is fair and follows the rules.

If the ethics committee wants to change an approval on its own, it must tell the person storing the gamete or embryo why it wants to make the change. You have the right to make written submissions and be heard on the matter. The committee must consider your submissions before making a decision. The committee can also change an approval if you ask for a change and it is consistent with the guidelines.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3314012.

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10B: Giving of approval under section 10A, or

"The ethics committee can approve something if it follows the rules and guidelines, and can even change its mind or add conditions later."

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10D: Cancellation of approval under section 10A, or

"When the ethics committee cancels permission to store embryos or eggs, they follow strict guidelines to keep people safe."

Part 2Prohibited and regulated activities
Prohibited actions

10CChanging of approval under section 10A

  1. The ethics committee may change an approval only if—

  2. the changing of approvals under section 10A is covered in relevant guidelines issued by the advisory committee; and
    1. the ethics committee is satisfied that the changing of the approval is consistent with relevant guidelines issued and relevant advice given by the advisory committee.

      1. The ethics committee may change an approval in 1 or more of the following respects:

      2. by varying a condition previously imposed on the approval:
        1. by revoking a condition previously imposed on the approval:
          1. by imposing 1 or more new conditions on the approval.

            1. The ethics committee may change the approval on its own initiative only if it is satisfied that the change is necessary—

            2. to ensure consistency with this Act or relevant guidelines issued or relevant advice given by the advisory committee before or after the date on which the approval was given; or
              1. to correct an error or omission made by the ethics committee.

                1. The ethics committee may not change the approval on its own initiative unless it has first—

                2. informed the person storing the gamete or embryo under the approval concerned why it is considering the change; and
                  1. given that person a reasonable time to make written submissions and be heard on the question, either personally or by that person's representative; and
                    1. considered any submissions made in that time.

                      1. The ethics committee may change the approval at the request of the person storing the gamete or embryo under the approval if it is satisfied that the change is consistent with relevant guidelines issued or relevant advice given by the advisory committee before or after the date on which the approval was given.

                      Notes
                      • Section 10C: inserted, on , by section 6 of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).