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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

10D: Cancellation of approval under section 10A

You could also call this:

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

Illustration for Human Assisted Reproductive Technology Act 2004

The ethics committee can cancel an approval under section 10A if they follow the guidelines set by the advisory committee. You need to know that the committee must be satisfied the cancellation is consistent with these guidelines. The ethics committee looks at the guidelines when making their decision.

The ethics committee can cancel an approval if conditions are breached or the storage of a gamete or embryo is not done correctly. They can also cancel if the storage poses a serious risk to human health and safety. You should be aware that the committee checks if the storage is inconsistent with any guidelines or advice given by the advisory committee.

Before cancelling an approval, the ethics committee informs the person storing the gamete or embryo and gives them time to make submissions. The committee considers these submissions and then informs the person of the cancellation. The cancellation is done by written notice, which states the date it takes effect.

The notice must include the date it takes effect and which part of the approval is being cancelled, if it is only part of the approval. The ethics committee sends this notice to the person in charge of storing the gamete or embryo.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3314013.

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

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Part 2Prohibited and regulated activities
Prohibited actions

10DCancellation of approval under section 10A

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

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

      1. The ethics committee may cancel an approval, in whole or in part, if it is satisfied—

      2. that 1 or more conditions stated in the approval have been breached; or
        1. that the storage of the gamete or embryo undertaken, or purportedly undertaken, under the approval—
          1. is inconsistent with any relevant guidelines issued or any relevant advice given by the advisory committee on or before or after the date on which the approval was given; or
            1. is inconsistent with the description set out in the application in which the approval was sought; or
              1. breaches or has breached this Act; or
              2. that, since giving the approval, the ethics committee has become aware that the storage of the gamete or embryo to which the approval relates poses a serious risk to human health and safety.

                1. The ethics committee may not cancel an approval under subsection (2) unless it has first—

                2. informed the person storing the gamete or embryo under the approval why it is considering cancelling the approval; 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; and
                      1. informed the person storing the gamete or embryo under the approval of the forthcoming cancellation and of the date on which the cancellation is to take effect.

                        1. The ethics committee cancels an approval under this section by written notice given or sent to the person who is, or to any other person who appears to be in charge of, storing the gamete or embryo to which the approval relates.

                        2. A notice issued under subsection (4) takes effect according to its tenor and must—

                        3. state the date on which it takes effect (not being a date earlier than the date of the notice); and
                          1. if the cancellation relates to only part of the approval, identify the part to which it relates.

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