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Reprint
as at 1 March 2016
Human Tissue Act 2008
Public Act
2008 No 28
Date of assent
18 April 2008
Commencement
see section 2
Contents
Page
1
Title
6
2
Commencement
6
Part 1
General provisions
3
Purpose of this Act
7
4
Overview of this Act
7
5
Overviews of use for certain purposes of certain tissue
8
6
Interpretation
8
7
Human tissue defined and illustrated
11
8
How Act applies to foetal tissue not subject to Code
12
9
Informed consent, informed objection, and overriding objection
12
defined
10
Close available relative defined
13
11
When people not available for purposes of Act
14
12
Responsible person defined
14
13
Act binds the Crown
15
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Health.
1
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Reprinted as at
Human Tissue Act 2008
1 March 2016
Part 2
Human tissue
Subpart 1—Requirements for informed consent for certain kinds of
collection or use of human tissue
Preliminary provisions on collection or use of tissue
14
Duty of person proposing to collect or use tissue
15
15
Responsible person must help if consulted
16
16
Act does not require collection or use
16
17
Person justified in deciding not to collect or use tissue
16
18
Person collecting or using tissue must take into account cultural
16
and spiritual needs, values, and beliefs
When informed consent required and not required
19
Collection or use for which informed consent required
16
20
Informed consent not required for collection or use for specified
17
purposes
How subpart relates to other laws, etc
21
Other laws, and lawfulness of use, etc, not affected
18
Subpart 2—Offences relating to informed consent
Tissue that is, or is collected from, bodies
22
Collection or use without informed consent
19
Non-health-care tissue
23
Donor analysis, etc, without informed consent
19
Tissue from living individuals
24
Use for secondary purpose after donors’ deaths without informed
19
consent
Affirmative defence and assumptions
25
Affirmative defence for informed consent offences
20
26
Person 16 years old or older assumed to be capable
20
27
Consent or objection assumed to be free and informed
20
28
Person assumed to have taken into account immediate family’s
20
cultural and spiritual needs, values, and beliefs
29
When consent or objection on behalf of immediate family may be
20
assumed to comply with section 40
30
Death does not affect consent, objection, or nomination
21
Subpart 3—Who is entitled to give informed consent
Tissue that is, or is collected from, bodies
31
Who is entitled to give informed consent to collection or use for
21
general purposes
2
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Reprinted as at
1 March 2016
Human Tissue Act 2008
32
Who is entitled to give informed consent to collection or use for
21
anatomical examination or public display
Non-health-care tissue
33
Who is entitled to give informed consent to collection or use for
22
donor analysis
Tissue from living individuals
34
Who is entitled to give informed consent to use for secondary
22
purpose after donor’s death
When consent or objection treated as not given or raised for
purposes of this subpart
35
Nominees do not exist or are not available, or it is not practicable
23
to ascertain whether decision made
36
Immediate family: procedure when it is not practicable to ascertain
23
whether decision made on its behalf
Capacity and consent or objections on behalf of another
37
Capacity to give or raise or make, etc, consent, objection, or
24
nomination, etc
38
Consent or objection given or raised or made, etc, on behalf of
24
another
Subpart 4—Further provisions on consent or objections by, or on
behalf of, nominees, immediate family, and close available
relatives
39
Nominations and consent or objections by nominees
24
40
Consent or objection on behalf of immediate family
25
41
Close available relative may raise overriding objection
25
Subpart 5—Process for, and form, amendment, and recording of,
consent, objections, and nominations
42
Duty to take into account immediate family’s cultural and spiritual
26
needs, values, and beliefs
43
Form of consent, objection, or nomination
26
44
Written consent or objection on behalf of immediate family may
26
include details of consultation, etc
45
Amendment, etc, of consent, objection, or nomination
27
46
Consent, objections, nominations, etc, may be recorded in national
27
organ and tissue donor register
Subpart 6—Other requirements for and restrictions on collection or
use of human tissue
Collection or use of tissue for non-therapeutic purposes
47
Standards for collection or use of human tissue for non-therapeutic
27
purposes
3
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Reprinted as at
Human Tissue Act 2008
1 March 2016
Post-mortems, official inquiries, etc
48
Restriction on collecting or using tissue if official post-mortem or
28
inquiry directed or opened
49
Post-mortems must be performed by, or in accordance with
28
instructions of, medical practitioners
Collection of tissue from bodies for therapeutic purposes, health
practitioner education, or research
50
Collection only by qualified person after examination
29
Anatomical examinations and public display
51
Anatomical examination and certain public display of body of
30
person under 16 years prohibited
52
Anatomical examinations must usually be performed at schools of
30
anatomy
53
Anatomical examinations outside schools of anatomy
30
Decency to be observed, etc
54
Duty of those performing post-mortems or anatomical
31
examinations, or collecting tissue from bodies
Trading in blood, controlled human substances, or other human
tissue
55
Interpretation
31
56
Trading in human tissue generally prohibited
32
57
Collection of blood or controlled human substance
33
58
Consideration not generally to be provided for collection of blood
33
or controlled human substance for administration to another person
59
Person administering blood or controlled human substance not to
34
charge recipient for its collection or use
60
Exemptions
34
61
Advertising prohibited
35
62
Liability of employers, principals, and directors
35
63
Appointed entities to collect and distribute blood and controlled
36
human substances
64
Exemption from Part 2 of Commerce Act 1986
37
65
Protection of appointed entities
37
Exportation and importation of human tissue
66
Standards, etc, for export and import of human tissue
37
Part 3
Technical and miscellaneous provisions
Enforcement provisions
67
Matters to be ascertained by authorised persons
38
68
Powers of authorised persons
38
4
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Reprinted as at
1 March 2016
Human Tissue Act 2008
69
Entry of dwellinghouses and marae
39
70
Identification of authorised person [Repealed]
40
71
Notice requirements when place entered [Repealed]
40
72
Disposal of property seized
40
73
Obstructing inspections, etc, by authorised persons
41
Regulations and Orders in Council
74
Regulations prescribing or approving quality, safety, and other
41
standards for collection or use of human tissue for non-therapeutic
purposes
75
Regulations prescribing or approving requirements and quality,
41
safety, and other standards for export and import of human tissue
76
Regulations may incorporate standards by reference
42
77
Orders authorising establishment of schools of anatomy
42
78
Regulations establishing or recognising national organ and tissue
42
donor register
79
Regulations prescribing form of search warrant [Repealed]
43
Inspectors of schools of anatomy
80
Appointment
43
81
Term of office
43
82
Removal of inspectors who are not members of police
44
83
Directions to inspectors
44
84
Inspectors must report irregularities
44
85
Inspectors may visit and inspect school
44
Disclosure of health information to facilitate consideration of use
of tissue for transplantation or other therapeutic purposes
86
Disclosure to ascertain medical suitability and whether consent
45
required for use has been, or may be, given
Repeal of organ donor provisions in driver licensing legislation
87
Land Transport Act 1998 amended
45
28B
Transitional provision for driver licences showing organ
45
donor information about holders, etc
88
Land Transport (Driver Licensing) Rule 1999 amended
46
89
Commencement of sections 87 and 88
46
Amendment ensuring taking of tissue from live donor for
transplantation, etc, is health treatment
90
Interpretation
47
Amendment to Human Assisted Reproductive Technology Act 2004
and relating to gametes and embryos
91
Regulations
47
5
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Reprinted as at
s 1
Human Tissue Act 2008
1 March 2016
Consequential amendments and repeals
92
Consequential amendments
48
93
Repeals
48
Savings and transitional provisions
94
Exemptions under section 92E(1) of Health Act 1956
48
95
Entities appointed under Health Act 1956 to collect and distribute
48
blood and controlled human substances
96
Schools of anatomy and inspectors of them
48
97
Existing holdings of human tissue
49
Schedule 1
50
Use for general purposes of tissue that is or is from bodies
Schedule 2
51
Use for anatomical examination or public display of tissue that
is or is from bodies
Schedule 3
52
Use for secondary purposes after donor’s death of tissue from
living individual
Schedule 4
53
Form of search warrant
Schedule 5
54
Incorporation of standards in regulations by reference
Schedule 6
58
Consequential amendments
The Parliament of New Zealand enacts as follows:
1
Title
This Act is the Human Tissue Act 2008.
2
Commencement
(1)
Sections 1, 2, and
89 come into force on the day after the date on which this
Act receives the Royal assent.
(2)
Sections 87 and
88, and the heading above
section 87, come into force as pro-
vided by section 89.
(3)
The rest of this Act comes into force on a date to be appointed by the Govern-
or-General by Order in Council.
Section 2(3): Human Tissue Act 2008 (except sections 1, 2, 87, 88, 89, and the heading above section
87) brought into force, on 1 November 2008, by the
Human Tissue Act 2008 Commencement Order
2008 (SR 2008/311).
6
link to page 17
Reprinted as at
1 March 2016
Human Tissue Act 2008
Part 1 s 4
Part 1
General provisions
3
Purpose of this Act
The purpose of this Act is to help to ensure that collection or use of human tis-
sue—
(a)
occurs only with proper recognition of, and respect for,—
(i)
the autonomy and dignity of the individual whose tissue is, before
or after his or her death, collected or used; and
(ii)
the cultural and spiritual needs, values, and beliefs of the immedi-
ate family of that individual; and
(iii)
the cultural, ethical, and spiritual implications of the collection or
use of human tissue; and
(iv)
the public good associated with collection or use of human tissue
(whether for health practitioner education, the investigation of
offences, research, transplantation or other therapeutic purposes,
or for other lawful purposes); and
(b)
does not endanger the health and safety of members of the public; and
(c)
generally does not involve the requirement or acceptance, or the offering
or provision, of financial or other consideration for the tissue.
4
Overview of this Act
(1)
To help to achieve its purpose, this Act—
(a)
requires, unless they are done for a purpose specified in
section 20, in-
formed consent for the following:
(i)
collection or use of human tissue that is, or is collected from, a
body:
(ii)
collection of non-health-care tissue for donor analysis:
(iii)
donor analysis of non-health-care tissue:
(iv)
use for a secondary purpose, after the donor’s death, of human tis-
sue collected from a living individual; and
(b)
makes it an offence to collect or use tissue if the informed consent re-
quired has not been given; and
(c)
imposes other requirements for and restrictions on collection or use of
human tissue; and
(d)
provides for related matters; and
(e)
repeals and replaces (with modified provisions)—
(i)
the Human Tissue Act 1964; and
7
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Reprinted as at
Part 1 s 5
Human Tissue Act 2008
1 March 2016
(ii)
Part 3A (trading in human blood and controlled human substance)
of the Health Act 1956.
(2)
This section is intended as a guide only.
5
Overviews of use for certain purposes of certain tissue
(1)
A diagrammatic overview of use for general purposes of tissue that is or is
from bodies is set out in
Schedule 1.
(2)
A diagrammatic overview of use for anatomical examination or public display
of tissue that is or is from bodies is set out in Schedule 2.
(3)
A diagrammatic overview of use for secondary purposes after the donor’s death
of tissue from a living individual is set out in
Schedule 3.
(4)
The diagrams are intended as a guide only.
6
Interpretation
In this Act, unless the context otherwise requires,—
anatomical examination means examination of a body, or any part of a body,
for the purpose of the study and practice of the science of anatomy
authorised person means a person who is not the Director-General but is au-
thorised in writing by the Director-General to enter and inspect premises for
the purposes of this Act
body means a dead human body
capable, in relation to an individual and a decision whether to give, make,
raise, amend, revoke, revoke and replace, or accept or disagree with informed
consent, an informed objection, an overriding objection, or a nomination,
means that the individual has the capacity to—
(a)
understand the nature, and foresee the consequences, of the decision; and
(b)
communicate the decision
close available relative has the meaning given to it by
section 10
Code means the Code of Health and Disability Services Consumers’ Rights
prescribed by regulations made
under section 74(1) of the Health and Disabili-
ty Commissioner Act 1994
collect, in relation to human tissue, means to remove or take that tissue from a
living individual, as a body, or from a body
consumer means a health consumer or a disability services consumer, as those
terms are defined in
section 2(1) of the Health and Disability Commissioner
Act 1994
controlled drug means a controlled drug within the meaning of the
Misuse of
Drugs Act 1975
dead foetus means a foetus that does not breathe or show any other sign of life
(such as beating of the heart, pulsation of the umbilical cord, or definite move-
8
link to page 11
Reprinted as at
1 March 2016
Human Tissue Act 2008
Part 1 s 6
ment of the voluntary muscles), whether or not all or any of the following
apply:
(a)
the umbilical cord has been severed:
(b)
the placenta has detached:
(c)
the foetus has issued completely from its mother
Director-General means the chief executive under the
State Sector Act 1988
of the Ministry of Health
donor analysis, in relation to human tissue, means analysis for the purpose of
providing information (including genetic information) about an actual or poten-
tial condition or trait of the individual whose tissue was collected
embryo includes a zygote, and a cell or group of cells that has the capacity to
develop into an individual
ethics committee means an ethics committee—
(a)
established by, or appointed under, an enactment; or
(b)
approved by the Director-General
exportation has the same meaning as in
section 2(1) of the Customs and Ex-
cise Act 1996
gamete means—
(a)
an egg or a sperm, whether mature or not; or
(b)
any other cell (whether naturally occurring or artificially formed or
modified) that—
(i)
contains only 1 copy of all or most chromosomes; and
(ii)
is capable of being used for reproductive purposes
head, in relation to a school of anatomy, means the person who is, or who is
authorised to represent the group of people or the organisation that is, respon-
sible for the operation of the school
health care procedure has the meaning given to it by
section 2(1) of the
Health and Disability Commissioner Act 1994
health practitioner has the meaning given to it by
section 5(1) of the Health
Practitioners Competence Assurance Act 2003
human tissue or
tissue has the meaning given to it by section 7
immediate family, in relation to a dead individual,—
(a)
means members of the individual’s family, whānau, or other culturally
recognised family group, who—
(i)
were in a close relationship with the individual; or
(ii)
had, in accordance with customs or traditions of the community of
which the individual was part, responsibility for the individual’s
welfare and best interests; and
9
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Reprinted as at
Part 1 s 6
Human Tissue Act 2008
1 March 2016
(b)
to avoid doubt, includes a person whose relationship to the dead indi-
vidual was, or was a relationship that is established through, 1 or more
of the following relationships:
(i)
spouse, civil union partner, or de facto partner of the individual:
(ii)
child, parent, guardian, grandparent, brother, or sister of the indi-
vidual:
(iii)
stepchild, step-parent, stepbrother, or stepsister of the individual
importation has the same meaning as in
section 2(1) of the Customs and Ex-
cise Act 1996
informed consent has the meaning given to it by
section 9
informed objection has the meaning given to it by section 9
inspector, in relation to a school of anatomy, means a person appointed under
section 80 to be an inspector of that school of anatomy
marae includes the area of land on which all buildings such as the wharenui
(meeting house), the wharekai (dining room), ablution blocks, and any other
associated buildings are situated
medical practitioner means a health practitioner who is, or is deemed to be,
registered with the Medical Council of New Zealand continued by
section
114(1)(a) of the Health Practitioners Competence Assurance Act 2003
medicine means a medicine within the meaning of the Medicines Act 1981
Minister means the Minister of Health
national organ and tissue donor register means any register established or
recognised by regulations under section 78
nomination means a nomination under
section 39
nominee means a person nominated under
section 39
non-health-care tissue means human tissue that is, or is derived from, human
tissue that is collected from a living individual, but is neither—
(a)
collected from a consumer in the course of a health care procedure; nor
(b)
derived from human tissue collected in that way
other donor information includes—
(a)
a request by a person that his or her body or any specified part of his or
her body be used after his or her death for therapeutic purposes or for
purposes of health practitioner education or any kind of research; and
(b)
information (referred to in the
Land Transport Act 1998 as organ donor
information) indicating that an applicant for, or holder of, a driver
licence has agreed in general terms, or has objected in general terms, to
that applicant or holder being an organ donor
overriding objection has the meaning given to it by
section 9
10
link to page 14 link to page 42
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post-mortem means a post-mortem examination
Registrar means any Registrar or Deputy-Registrar of the High Court or of a
District Court
responsible person has the meaning given to it by section 12
school of anatomy means a school of anatomy whose establishment is author-
ised by an order made under
section 77
secondary purpose, in relation to any collection or use of human tissue collec-
ted from a living individual or that is, or is collected from, a body, means that
the collection or use is for a purpose that is not covered by informed consent—
(a)
to the collection or use, by any person, and for identified purposes, of
tissue collected from that living individual or tissue that is, or is collec-
ted from, the body; and
(b)
given, and not later revoked, in accordance with the requirements of this
Act
use, in relation to any human tissue,—
(a)
includes—
(i)
the performance of a post-mortem involving that tissue; and
(ii)
research using that tissue; and
(iii)
anatomical examination and public display of that tissue; and
(iv)
testing (including donor analysis) of that tissue; and
(v)
storage of that tissue; and
(vi)
disposal of that tissue; and
(b)
in particular, includes use of that tissue in the development, making or
preparation, and testing of controlled drugs, medicines, or both; and
(c)
includes, whether or not that tissue is non-health-care tissue, and except
as provided in paragraph (e), the use of that tissue (for example, the ad-
ministration or transplantation of that tissue) in the carrying out of a
health-care procedure; and
(d)
includes, except as provided in paragraphs (e) and (f), use of that tissue
for a secondary purpose; but
(e)
does not include use of that tissue in so far as it is, or is part of, a con-
trolled drug, a medicine, or both; and
(f)
does not include the importation or the exportation of that tissue.
7
Human tissue defined and illustrated
(1)
Human tissue or
tissue means material that—
(a)
is, or is derived from, a body, or material collected from a living indi-
vidual or from a body; and
11
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(b)
is or includes human cells; and
(c)
is not excluded, for the purposes of some or all of the provisions of this
Act, by subsection (2) or (3).
(2)
A human embryo or human gamete is not human tissue for the purposes of any
provision of this Act.
(3)
Cell lines derived from human cells are human tissue for the purposes of the
following sections, but not for the purposes of any other provisions of this Act:
(a)
sections 47 and
74 (which relate to standards for collection or use of
human tissue for non-therapeutic purposes):
(b)
sections 66 and
75 (which relate to standards, etc, for export and import
of human tissue).
(4)
Examples of human tissue therefore include the following:
(a)
all or any part of a body:
(b)
whole human organs (for example, hearts, kidneys, livers, and lungs) or
parts of them (for example, heart valves):
(c)
human stem cells or other human cells (for example, stem cells obtained
from human embryos):
(d)
human blood:
(e)
human bone marrow:
(f)
human eyes:
(g)
human hair, nails, and skin:
(h)
human lung washouts:
(i)
human mucus, sputum, or urine.
8
How Act applies to foetal tissue not subject to Code
Human tissue that is, or is part of, a dead foetus and is not collected from a
consumer in the course of a health care procedure must, for the purposes of this
Act, be treated,—
(a)
if the dead foetus did not issue completely from its mother before she
died (because of its miscarriage or for any other reason), as tissue that is,
or is collected from, the body of the mother of the dead foetus; and
(b)
if the dead foetus issued completely from its mother (whether or not she
died because of its having issued), as tissue that is, or is from, the body
of an individual who is not the mother and did not, before death, give, or
nominate any person to give on his or her behalf, informed consent to
use of tissue that is, or is collected from, his or her body.
9
Informed consent, informed objection, and overriding objection defined
(1)
Informed consent, in relation to any kind of collection or use of human tissue,
means consent—
12
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Human Tissue Act 2008
Part 1 s 10
(a)
to that kind of collection or use of the tissue (and so does not include
agreement in general terms, given by an applicant for, or holder of, a
driver licence, to that applicant or holder being an organ donor); and
(b)
given by a person who is entitled to give it under
subpart 3; and
(c)
given freely, and in the light of all information that a reasonable person,
in that person’s circumstances, needed in order to give informed consent;
and
(d)
given in accordance with the requirements of
subparts 4 and 5; and
(e)
not later revoked in accordance with the requirements of
subparts 4 and
5.
(2)
Informed objection, in relation to any kind of collection or use of human tis-
sue, means an objection—
(a)
to that kind of collection or use of the tissue (and so does not include any
objection in general terms, raised by an applicant for, or holder of, a
driver licence, to that applicant or holder being an organ donor); and
(b)
raised by a person who is entitled to raise it under
subpart 3; and
(c)
raised freely, and in the light of all information that a reasonable person,
in that person’s circumstances, needed in order to raise an informed ob-
jection; and
(d)
raised in accordance with the requirements of
subparts 4 and 5; and
(e)
not later revoked in accordance with the requirements of
subparts 4 and
5.
(3)
Overriding objection, in relation to any kind of collection or use of tissue to
which a close available relative has given informed consent, means an objec-
tion—
(a)
to that kind of collection or use of the tissue; and
(b)
raised under
section 41 by a person referred to in the paragraph of
sec-
tion 10(1) or (2) that refers to the close available relative; and
(c)
raised freely, and in the light of all information that a reasonable person,
in that person’s circumstances, needed in order to raise an overriding ob-
jection; and
(d)
raised in accordance with the requirements of
subparts 4 and 5; and
(e)
not later revoked in accordance with the requirements of
subparts 4 and
5.
10
Close available relative defined
(1)
A
close available relative means, in relation to an individual who was 16 years
old or older at the time when he or she died,—
(a)
a person who was a spouse, civil union partner, or de facto partner of the
individual immediately before his or her death; or
13
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(b)
if the individual, immediately before his or her death, had no spouse,
civil union partner, or de facto partner, or if no person who was then the
individual’s spouse, civil union partner, or de facto partner is available, a
son or daughter—
(i)
of the individual; and
(ii)
who is 16 years old or older; or
(c)
if no person referred to in paragraph (a) or (b) is available, a parent of
the individual; or
(d)
if no person referred to in paragraphs (a) to (c) is available, a brother or
sister—
(i)
of the individual; and
(ii)
who is 16 years old or older.
(2)
A
close available relative means, in relation to an individual who was under
16 years of age at the time when he or she died,—
(a)
a parent of the individual; or
(b)
if a parent of the individual is not available, a person who was a guardi-
an of the individual immediately before his or her death; or
(c)
if no person referred to in paragraph (a) or (b) is available, a brother or
sister—
(i)
of the individual; and
(ii)
who is 16 years old or older.
11
When people not available for purposes of Act
A person who is dead, unknown, or missing, or not capable, must be treated for
the purposes of this Act as not available.
12
Responsible person defined
(1)
Responsible person, in relation to a body, means the person lawfully in pos-
session of the body; but does not include a person entrusted with the body for
the purpose only of its burial, cremation, or other lawful disposal.
(2)
The person specified in a paragraph of this subsection is, for the purposes of
subsection (1), the person lawfully in possession of a body of the kind specified
in that paragraph:
(a)
the person for the time being in charge of a hospital care institution as
defined in
section 58(4) of the Health and Disability Services (Safety)
Act 2001—a body lying in that institution:
(b)
the person for the time being in charge of a hospital as defined
in section
2(1) of the Mental Health (Compulsory Assessment and Treatment) Act
1992—a body that is—
(i)
the body of a patient (as so defined); and
14
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Human Tissue Act 2008
Part 2 s 14
(ii)
lying in the hospital:
(c)
the person for the time being in charge of a secure facility as defined in
section 5(1) of the Intellectual Disability (Compulsory Care and Re-
habilitation) Act 2003—a body that is—
(i)
the body of a person who was required to stay in the facility; and
(ii)
lying in the facility:
(d)
the prison manager of a prison (as those terms are defined
in section 3(1)
of the Corrections Act 2004)—a body that is—
(i)
the body of a prisoner (as so defined); and
(ii)
lying in the prison:
(e)
the head of a school of anatomy—a body that is—
(i)
received and possessed by the school for anatomical examination;
and
(ii)
lying in the school.
(3)
Subsection (2) does not limit the rights, powers, or duties of any person entitled
under any rule of law to the possession of a body.
(4)
Possession includes the exercise of a right to custody.
Compare: 1964 No 19
ss 2(2), 3(6)
13
Act binds the Crown
This Act binds the Crown.
Part 2
Human tissue
Subpart 1—Requirements for informed consent for certain kinds of
collection or use of human tissue
Preliminary provisions on collection or use of tissue
14
Duty of person proposing to collect or use tissue
(1)
A person who proposes to collect or use human tissue must, before collecting
or using the tissue, take all reasonably practicable steps to ascertain—
(a)
what informed consent (if any) is required by this Act for the proposed
collection or use of that tissue; and
(b)
whether informed consent required by this Act for that collection or use
of the tissue has been given; and
(c)
if informed consent of that kind has been given, whether it is overridden
by an overriding objection to that collection or use of the tissue.
15
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(2)
If the tissue proposed to be collected or used is tissue that is, or is collected
from, a body, the steps required by subsection (1) include, if and so far as they
are reasonably practicable,—
(a)
consulting the responsible person; and
(b)
ascertaining whether the national organ and tissue donor register in-
cludes any relevant informed consent or informed objection.
15
Responsible person must help if consulted
The responsible person must, if consulted under
section 14(2)(a) by a person
who proposes to collect or use human tissue, take all reasonably practicable
steps to help that person to comply with
section 14(1).
16
Act does not require collection or use
Nothing in this Act requires any person to collect or use human tissue.
17
Person justified in deciding not to collect or use tissue
A person who proposes to collect or use human tissue is justified in deciding
not to do so if satisfied, based on all information available to the person in the
circumstances, that any informed consent for the collection or use of that tissue
should for any reason not be acted on.
18
Person collecting or using tissue must take into account cultural and
spiritual needs, values, and beliefs
A person collecting or using human tissue must take into account, so far as
they are known to the person based on information available to the person in
the circumstances, the cultural and spiritual needs, values, and beliefs of the
immediate family of the individual whose tissue is collected or used.
When informed consent required and not required
19
Collection or use for which informed consent required
(1)
The following, if done, must be done with informed consent:
(a)
collection or use of human tissue that is, or is collected from, a body:
(b)
collection of non-health-care tissue for donor analysis:
(c)
donor analysis of non-health-care tissue:
(d)
use for a secondary purpose, after the donor’s death, of human tissue
collected from a living individual.
(2)
Subsection (1) does not apply to collection or use—
(a)
for a purpose specified in
section 20; or
(b)
for a purpose that is an offence against, or prohibited by, any law (other
than
sections 22, 23, and 24).
16
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Human Tissue Act 2008
Part 2 s 20
(3)
An example of collection or use of the kind referred to in subsection (2)(b) is
any collection or use that is an improper or indecent interference with, or offer-
ing of an indignity to, any dead human body or human remains, whether buried
or not, contrary to section 150(b) of the Crimes Act 1961.
20
Informed consent not required for collection or use for specified purposes
Informed consent is not required for collection or use of human tissue for any
of the following purposes:
(a)
the exercise by a person of that person’s powers under any law to collect
or use tissue without consent, including (without limitation) powers of
that kind exercised for either of the following purposes:
(i)
the maintenance of the law, including the prevention, detection,
investigation, prosecution, or punishment of offences; or
(ii)
the protection of the health or safety of members of the public:
(b)
the implementation, by using non-health-care tissue for donor analysis,
of a direction or order of a court or tribunal:
(c)
the provision, for the medical benefit of another person or a child con-
ceived but not born, and by using non-health-care tissue for donor ana-
lysis, of information about the individual from whom the non-health-
care tissue was collected or derived, if—
(i)
it is not reasonably practicable to find that individual or, if he or
she has died, a personal representative or family member of that
individual; and
(ii)
all reasonable efforts have been made to ascertain whether that in-
dividual objected to the tissue being used for those purposes, and
he or she appears not to have done so:
(d)
the performance of a post-mortem of a body that one of the following
competent legal authorities has, under one of the following enactments,
directed or ordered to be performed:
(i)
a coroner acting under section 31 of the Coroners Act 2006; and
(ii)
the High Court acting under
section 41 of the Coroners Act 2006;
and
(iii)
the Director-General of Health acting under
section 78 of the
Health Act 1956:
(e)
the carrying out, by using for a secondary purpose tissue that is a body
or is collected from a living individual or a body, or by using non-health-
care tissue for donor analysis, of research that has received the approval
of an ethics committee (even though the ethics committee knew that in-
formed consent had not been, and would not be, obtained for the re-
search):
17
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(f)
the carrying out, to assure or improve the quality of services, and by us-
ing for a secondary purpose tissue that is a body or is collected from a
living individual or a body, or by using non-health-care tissue for donor
analysis, of all or any of the following activities:
(i)
a professionally recognised quality assurance programme:
(ii)
an external audit of services:
(iii)
an external evaluation of services:
(g)
the testing or disposal of tissue that is a body or is collected from a liv-
ing individual or a body, because—
(i)
that testing or disposal is or may be necessary to avoid endanger-
ing the health or safety of members of the public; or
(ii)
that disposal is necessary or desirable because all reasonable at-
tempts have been made, but have failed, to return the tissue to a
family member or other person to whom the tissue would other-
wise be returned for disposal:
(h)
display by or on behalf of the responsible person and to enable people to
pay their final respects to, or that is incidental to the funeral of, the dead
individual:
(i)
burial, cremation, or other lawful disposal, by or on behalf of the respon-
sible person, of the tissue concerned.
How subpart relates to other laws, etc
21
Other laws, and lawfulness of use, etc, not affected
Nothing in this subpart—
(a)
limits or affects any provision of
subpart 6 or
Part 3, or any other enact-
ment or other law (including, without limitation, the Code) permitting,
requiring, or controlling collection or use of human tissue; or
(b)
makes unlawful collection or use of human tissue for a particular pur-
pose if collection or use of tissue for that purpose is lawful apart from
this subpart; or
(c)
makes lawful collection or use of human tissue for a particular purpose if
collection or use of tissue for that purpose is unlawful apart from this
subpart.
Compare: 1964 No 19
ss 3(3), (7), 7(2)
18
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Human Tissue Act 2008
Part 2 s 24
Subpart 2—Offences relating to informed consent
Tissue that is, or is collected from, bodies
22
Collection or use without informed consent
(1)
A person commits an offence, and is liable on conviction to the penalty speci-
fied in subsection (2), if—
(a)
the person collects or uses human tissue that is, or is collected from, a
body; and
(b)
informed consent is required by
subpart 1 for that collection or use, and
either was not given or was given but was overridden by an overriding
objection.
(2)
The penalty referred to in subsection (1) is,—
(a)
if that collection or use is for a secondary purpose, imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000; and
(b)
in every other case, imprisonment for a term not exceeding 1 year or a
fine not exceeding $50,000.
Section 22(1): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Non-health-care tissue
23
Donor analysis, etc, without informed consent
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 1 year or a fine not exceeding $50,000, if—
(a)
the person collects non-health-care tissue for donor analysis or carries
out donor analysis of non-health-care tissue; and
(b)
informed consent is required by
subpart 1 for that collection or use, but
was not given.
Section 23: amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Tissue from living individuals
24
Use for secondary purpose after donors’ deaths without informed consent
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000, if—
(a)
the person uses for a secondary purpose, after the donor’s death, human
tissue from a living individual; and
(b)
informed consent is required by
subpart 1 for that use, and either was not
given or was given but was overridden by an overriding objection.
Section 24: amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
19
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Human Tissue Act 2008
1 March 2016
Affirmative defence and assumptions
25
Affirmative defence for informed consent offences
It is a defence in a prosecution for an of
fence against section 22, 23, or 24 if the
defendant proves, on the balance of probabilities, that he, she, or it believed on
reasonable grounds that—
(a)
informed consent was not required by
subpart 1 for the collection or, as
the case may be, the use of the tissue; or
(b)
informed consent was required by
subpart 1 for the collection or, as the
case may be, the use of the tissue, and was given and was not overridden
by an overriding objection.
26
Person 16 years old or older assumed to be capable
A person who proposes to collect or use human tissue is, unless that person is
aware of evidence to the contrary, entitled to assume that a person who is 16
years old or older is capable.
Compare: 1988 No 4 s 5; SR 1996/78 r 2, Schedule, right 7(2)
27
Consent or objection assumed to be free and informed
A person who proposes to collect or use human tissue is, unless that person is
aware of evidence to the contrary, entitled to assume that consent or an objec-
tion given or raised by a person has been given or raised by that person freely,
and in the light of all information that a reasonable person, in that person’s cir-
cumstances, needed in order to give informed consent or to raise an informed
objection or overriding objection.
28
Person assumed to have taken into account immediate family’s cultural
and spiritual needs, values, and beliefs
A person who proposes to collect or use human tissue is, unless that person is
aware of evidence to the contrary, entitled to assume that a person giving in-
formed consent or raising an informed objection or overriding objection has
complied with section 42.
29
When consent or objection on behalf of immediate family may be assumed
to comply with section 40
A person who proposes to collect or use human tissue is entitled to assume that
informed consent given, or an informed objection raised, to the collection or
use, by a member of an immediate family, and on its behalf, has been given or
raised in accordance
with section 40 only if the person is satisfied, based on all
information available to the person in the circumstances, that—
(a)
the member has taken the steps to consult required by
section 40(a); and
(b)
the member has formed the belief, and that belief is based on the reason-
able grounds, required by section 40(c).
20
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Human Tissue Act 2008
Part 2 s 32
30
Death does not affect consent, objection, or nomination
The death of a person does not affect the validity of any informed consent
given, informed objection or overriding objection raised, or nomination made,
by that person.
Subpart 3—Who is entitled to give informed consent
Tissue that is, or is collected from, bodies
31
Who is entitled to give informed consent to collection or use for general
purposes
(1)
This section applies to informed consent to collection or use, for any purpose
that is not anatomical examination, public display, or both, of human tissue that
is, or is collected from, a body.
(2)
Informed consent to which this section applies may only be given by the fol-
lowing people in the following circumstances:
(a)
the individual whose body is the tissue, or from whose body the tissue
concerned is collected, and before his or her death:
(b)
that individual’s nominee or nominees, on behalf of that individual and
after his or her death, if—
(i)
no consent has been given under paragraph (a); and
(ii)
no informed objection has been raised by that individual:
(c)
a member of that individual’s immediate family and on its behalf after
that individual’s death, if—
(i)
no consent has been given under paragraph (b); and
(ii)
no informed objection has been raised by that individual’s nom-
inee or nominees:
(d)
a close available relative of that individual after his or her death, if—
(i)
no consent has been given under paragraph (c); and
(ii)
no informed objection has been raised on behalf of that individu-
al’s immediate family.
Compare: Human Tissue Act 1983 s 23 (NSW); Human Tissue Act 2004 ss 2, 3, 54(9) (UK); Trans-
plantation and Anatomy Act 1978 ss 27, 28 (ACT)
32
Who is entitled to give informed consent to collection or use for anatomical
examination or public display
(1)
This section applies to informed consent to collection or use for anatomical
examination, public display, or both, of human tissue that is, or is collected
from, a body.
(2)
Informed consent to which this section applies—
(a)
may only be given under subsections (3) and (4); and
21
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(b)
is, if given under 1 of those subsections, invalid unless consent has also
been given under the other.
(3)
Informed consent to which this section applies may be given by the following
people in the following circumstances:
(a)
the individual whose body is the tissue, or from whose body the tissue
concerned is collected, and before his or her death:
(b)
that individual’s nominee or nominees on behalf of that individual and
after his or her death, if—
(i)
no consent has been given under paragraph (a); and
(ii)
no informed objection has been raised by that individual.
(4)
Informed consent to which this section applies may be given by the following
people in the following circumstances:
(a)
a member of the immediate family of the individual referred to in sub-
section (3)(a) and on its behalf after that individual’s death:
(b)
a close available relative of that individual after his or her death, if—
(i)
no consent has been given under paragraph (a); and
(ii)
no informed objection has been raised on behalf of that individu-
al’s immediate family.
Compare: Human Tissue Act 1983 s 23 (NSW); Human Tissue Act 2004 ss 2, 3, 54(9) (UK); Trans-
plantation and Anatomy Act 1978 ss 27, 28 (ACT)
Non-health-care tissue
33
Who is entitled to give informed consent to collection or use for donor
analysis
(1)
This section applies to informed consent to collection of non-health-care tissue
for donor analysis, carrying out of donor analysis of non-health-care tissue, or
both.
(2)
Informed consent to which this section applies may only be given by the indi-
vidual from whom the tissue concerned was collected or derived.
(3)
This section does not limit section 34.
Tissue from living individuals
34
Who is entitled to give informed consent to use for secondary purpose
after donor’s death
(1)
This section applies to informed consent to use for a secondary purpose, after
the donor’s death, of human tissue from a living individual.
(2)
Informed consent to which this section applies may only be given by the fol-
lowing people in the following circumstances:
22
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(a)
a member of the immediate family of the individual referred to in sub-
section (1) and on its behalf after that individual’s death, if no informed
objection has been raised by that individual:
(b)
a close available relative of that individual after his or her death, if—
(i)
no informed consent has been given under paragraph (a); and
(ii)
no informed objection has been raised on behalf of that individu-
al’s immediate family.
When consent or objection treated as not given or raised for purposes of this
subpart
35
Nominees do not exist or are not available, or it is not practicable to
ascertain whether decision made
Informed consent or an informed objection must, for the purposes of
sections
31 and
32, be treated as not having been given or raised by nominees of the
individual if the person who proposes to collect or use the tissue is satisfied,
based on all information available to that person in the circumstances, that—
(a)
there are no nominees of the individual, or no nominees of the individual
will be available before the latest time that the tissue can be collected or
used; or
(b)
it is not practicable, before the latest time that the tissue can be collected
or used, to ascertain whether the nominee or nominees of the individual
have given informed consent or raised an informed objection to the col-
lection or use proposed.
Compare: Human Tissue Act 2004 ss 3(7), (8) (UK)
36
Immediate family: procedure when it is not practicable to ascertain
whether decision made on its behalf
Informed consent or an informed objection must, for the purposes of
sections
31, 32, and
34, be treated as not having been given or raised on behalf of the
immediate family of the individual if the person who proposes to collect or use
the tissue is satisfied, based on all information available to that person in the
circumstances, that it is not practicable, before the latest time that the tissue can
be collected or used, to ascertain whether informed consent or an informed ob-
jection has been given or raised, on behalf of that immediate family, to the col-
lection or use proposed.
Compare: Human Tissue Act 2004 ss 3(7), (8) (UK)
23
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Capacity and consent or objections on behalf of another
37
Capacity to give or raise or make, etc, consent, objection, or nomination,
etc
(1)
An individual who is not capable cannot give, raise, make, amend, revoke, re-
voke and replace, or accept or disagree with informed consent, an informed ob-
jection, an overriding objection, or a nomination.
(2)
An individual who is under 16 years of age—
(a)
may, if capable, give, amend, revoke, or revoke and replace informed
consent for collection of non-health-care tissue for donor analysis, carry-
ing out of donor analysis of non-health-care tissue, or both; but
(b)
cannot give, raise, make, amend, revoke, revoke and replace, or accept
or disagree with any other kind of informed consent, or an informed ob-
jection, an overriding objection, or a nomination.
Compare: 1988 No 4 s 5; SR 1996/78 r 2, Schedule, right 7(2)
38
Consent or objection given or raised or made, etc, on behalf of another
(1)
This section applies to an individual who is entitled under
section 31, 32, 33, or
34 to give informed consent, or to raise an informed objection or overriding ob-
jection, to collection or use of certain human tissue.
(2)
Informed consent or an informed objection or overriding objection in respect of
an individual to whom this section applies may, whether or not that individual
is capable, be given or raised, amended, revoked, or revoked and replaced by
any person who is, under a law other than this Act, entitled to give consent on
that individual’s behalf.
(3)
Persons who may be authorised, under a law other than this Act, to give con-
sent on that individual’s behalf include—
(a)
a parent or legal guardian of that individual; and
(b)
a welfare guardian of that individual appointed under the
Protection of
Personal and Property Rights Act 1988; and
(c)
an attorney appointed by that individual under a power of attorney de-
scribed in
section 95 of the Protection of Personal and Property Rights
Act 1988.
Subpart 4—Further provisions on consent or objections by, or on behalf
of, nominees, immediate family, and close available relatives
39
Nominations and consent or objections by nominees
(1)
An individual may, for the purposes of this Act, nominate 1 or more nominees
if the individual is, under
section 31(2)(a) or
32(3)(a), entitled to give informed
consent, or to raise an informed objection, to collection or use of human tissue
that is, or is from, his or her body.
24
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Human Tissue Act 2008
Part 2 s 41
(2)
A nomination in respect of an individual to whom subsection (1) applies may,
whether or not that individual is capable, be made, amended, revoked, or re-
voked and replaced by any person who is, under a law other than this Act, en-
titled to give consent on that individual’s behalf.
(3)
Section 38(3) gives examples of persons who may be authorised, under a law
other than this Act, to give consent on that individual’s behalf.
(4)
A nomination must be made with the nominee’s written consent, and can be
ended at any time by the nominee giving written notice to that effect to the in-
dividual.
(5)
A nomination of 2 or more nominees, or that results in 2 or more nominees,
must, unless the nomination provides otherwise, be treated as requiring—
(a)
any informed consent to be given by all of the 2 or more nominees who
are available and willing to decide whether to give informed consent;
and
(b)
any informed objection to be raised by any or all of the 2 or more nom-
inees who are available and willing to decide whether to raise an in-
formed objection.
40
Consent or objection on behalf of immediate family
A member of an individual’s immediate family may only give informed con-
sent, or raise an informed objection,
under subpart 3, to collection or use of tis-
sue if that member—
(a)
takes all reasonably practicable steps to consult members of that imme-
diate family who represent all of the different interests (if any) of that
immediate family; and
(b)
takes those steps with a view to achieving general agreement on the
matter; and
(c)
after taking those steps, believes on reasonable grounds that all capable
members of that immediate family accept, or would, if consulted person-
ally, accept, that member’s giving informed consent or raising an in-
formed objection to that collection or use on behalf of that immediate
family.
41
Close available relative may raise overriding objection
(1)
This section applies if a close available relative has given informed consent
to—
(a)
any collection or use of tissue that is, or is from, the body of a dead indi-
vidual; or
(b)
any use for a secondary purpose of tissue that is from a living individual.
25
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(2)
An objection to that collection or use, or to that use for a secondary purpose, of
that tissue, may be raised by a person referred to in the paragraph of
section
10(1) or (2) that refers to the close available relative.
(3)
For the purposes of
sections 14, 22, 24, and
25, an objection raised under this
section overrides the informed consent given by the close available relative.
Subpart 5—Process for, and form, amendment, and recording of,
consent, objections, and nominations
42
Duty to take into account immediate family’s cultural and spiritual needs,
values, and beliefs
A person giving informed consent or raising an informed objection or overrid-
ing objection must take into account, so far as they are known to the person
based on information available to the person in the circumstances, and decide
what weight the person wishes to give to, the cultural and spiritual needs,
values, and beliefs of the immediate family of the individual whose tissue is, or
is not, to be collected.
43
Form of consent, objection, or nomination
(1)
Any informed consent, informed objection, overriding objection or nomination
given or raised or made for the purposes of this Act must be given or raised or
made either—
(a)
in writing (with or without witnesses); or
(b)
orally and in the presence of 2 or more witnesses present at the same
time.
(2)
Without limiting subsection (1), any informed consent, informed objection, or
nomination may be contained in a person’s will if that consent, objection, or
nomination relates to tissue that is, or is from, the person’s body.
(3)
For the purposes of this section,—
(a)
will has the same meaning as in the Wills Act 2007; and
(b)
it does not matter whether a will is valid (as defined in
section 7 of that
Act).
Compare: Human Tissue Act 2004 s 3(5)(c) (UK)
44
Written consent or objection on behalf of immediate family may include
details of consultation, etc
Informed consent or an informed objection given or raised in writing, in ac-
cordance with
section 43(1)(a), and given or raised by a member, and on be-
half, of the immediate family of a dead individual, under
section 40, may in-
clude details of either or both of the following:
(a)
the steps taken to consult required by section 40(a):
(b)
the grounds for the belief required by
section 40(c).
26
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Part 2 s 47
45
Amendment, etc, of consent, objection, or nomination
(1)
Informed consent or an informed objection, overriding objection, or nomin-
ation given, raised, or made under this Act may be amended, revoked, or re-
voked and replaced in the same way as it may be given, raised, or made.
(2)
Informed consent given by an individual to collection or use of tissue must be
treated as revoked if that individual, without revoking the informed consent,
later raises an informed objection to that collection or use.
46
Consent, objections, nominations, etc, may be recorded in national organ
and tissue donor register
(1)
Nothing in this Act prevents informed consent or an informed objection or
nomination (whether or not it is given, raised, or made in the form required by
section 43) from being recorded in the national organ and tissue donor register.
(2)
Informed consent or an informed objection or nomination is not in any way in-
valid or without effect just because it is not recorded in the national organ and
tissue donor register.
Subpart 6—Other requirements for and restrictions on collection or use
of human tissue
Collection or use of tissue for non-therapeutic purposes
47
Standards for collection or use of human tissue for non-therapeutic
purposes
(1)
A person collecting or using human tissue for non-therapeutic purposes must
comply with all relevant quality, safety, and other standards prescribed or ap-
proved by regulations under section 74.
(2)
This section applies even if the collection or use of the tissue is required, per-
mitted, or otherwise controlled by law.
(3)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000, if—
(a)
the person intentionally or knowingly collects or uses human tissue for a
purpose (whether or not the person knows the purpose is a non-therapeu-
tic purpose); and
(b)
that act or omission contravenes subsection (1).
Section 47(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
27
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Post-mortems, official inquiries, etc
48
Restriction on collecting or using tissue if official post-mortem or inquiry
directed or opened
(1)
This section applies to a person and a body if the person proposes to collect or
use tissue that is, or is from, the body, and the person knows, or ought reason-
ably to know,—
(a)
that a coroner has directed a pathologist to perform a post-mortem of the
body, opened an inquiry into the death concerned, or both, or may do
either or both; or
(b)
that another competent legal authority specified in
section 20(d) has di-
rected or ordered a post-mortem of a body, or may do so; or
(c)
that both paragraphs (a) and (b) apply.
(2)
The person may collect or use, in accordance with any informed consent re-
quired by this Act, tissue that is, or is from, the body, only with the approval of
the coroner or other competent legal authority concerned.
(3)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000, if—
(a)
the person intentionally or knowingly collects or uses tissue that is, or is
from, a body, and the person knows, or ought reasonably to know, what
is specified in subsection (1)(a), (b), or (c); and
(b)
that act contravenes subsection (2).
Compare: 1964 No 19
s 3(5)
Section 48(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
49
Post-mortems must be performed by, or in accordance with instructions
of, medical practitioners
(1)
Every post-mortem must be performed by, or in accordance with the instruc-
tions of, a medical practitioner.
(2)
A medical practitioner does not contravene subsection (1) merely by acting
under a direction or order of—
(a)
a coroner acting under section 31 of the Coroners Act 2006; or
(b)
the High Court acting under section 41 of the Coroners Act 2006; or
(c)
the Director-General of Health acting under
section 78 of the Health Act
1956.
(3)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000, if—
(a)
the person intentionally or knowingly does an act; and
28
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Human Tissue Act 2008
Part 2 s 50
(b)
that act contravenes subsection (1).
Compare: 1964 No 19 ss 4(2), 12(a)
Section 49(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Collection of tissue from bodies for therapeutic purposes, health practitioner
education, or research
50
Collection only by qualified person after examination
(1)
A person who is not a qualified person must not collect human tissue that is, or
is collected from, a body if that tissue is collected for use for therapeutic purpo-
ses or for health practitioner education or any kind of research.
(2)
A qualified person must not collect human tissue that is, or is collected from, a
body if that tissue is collected for use for all or any of those purposes unless the
qualified person is satisfied, by personal examination of the body, that the indi-
vidual concerned is dead.
(3)
Qualified person, in relation to the collection of human tissue that is, or is col-
lected from, a body if that tissue is collected for use for therapeutic purposes or
for health practitioner education or any kind of research, means a person who is
1 or more of the following:
(a)
a person who is, or is acting under the supervision of, a medical practi-
tioner collecting the tissue for the purposes of the practice of his or her
profession:
(b)
a person authorised in writing by or on behalf of the New Zealand Blood
Service, the New Zealand National Eye Bank, or a body that is a succes-
sor to that Service or Bank, as suitably qualified to collect tissue of that
kind for the purposes of that Service, Bank, or successor body:
(c)
a person who the Director-General has, by notice in the
Gazette, author-
ised as suitably qualified to collect tissue of that kind for 1 or more spe-
cified purposes.
(4)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 1 year or a fine not exceeding $50,000, if—
(a)
the person intentionally or knowingly collects human tissue that the per-
son knows is tissue that is, or is collected from, a body (whether or not
the person knows that the tissue is collected for all or any of the purpo-
ses specified in subsection (1)); and
(b)
that act contravenes subsection (1) or (2).
Compare: 1964 No 19 s 3(4)
Section 50(4): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
29
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Anatomical examinations and public display
51
Anatomical examination and certain public display of body of person
under 16 years prohibited
(1)
No person may collect or use for anatomical examination, public display, or
both, tissue that is, or is collected from, the body of an individual who, at the
time he or she died, was under 16 years of age.
(2)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 1 year or a fine not exceeding $50,000, if—
(a)
the person intentionally or knowingly does an act; and
(b)
that act contravenes subsection (1).
(3)
Subsection (1) does not apply to public display by or on behalf of the respon-
sible person and to enable people to pay their final respects to, or that is inci-
dental to the funeral of, the dead individual.
Section 51(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
52
Anatomical examinations must usually be performed at schools of
anatomy
(1)
A person must not, unless authorised by
section 53 to do so, perform an ana-
tomical examination, or receive, possess, store, or otherwise use all or a part of
a body for anatomical examination, at a place that is not a school of anatomy.
(2)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000, if—
(a)
the person intentionally or knowingly does an act; and
(b)
that act contravenes subsection (1).
Compare: 1964 No 19
ss 7(2), 12(b), (c)
Section 52(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
53
Anatomical examinations outside schools of anatomy
(1)
All or a part of a body may be removed by or on behalf of a person to a place
outside a school of anatomy for the purpose of practising anatomy, and the
body or part may be received, possessed, stored, and otherwise used at that
place for that purpose by or on behalf of the person, if the person—
(a)
is authorised by a school of anatomy to practise anatomy at that school;
and
(b)
has written permission from the school’s head to do so; and
(c)
takes all reasonable steps to ensure compliance with all terms and condi-
tions (if any) that the school’s head thought fit to impose in giving his or
her written permission for that purpose.
30
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Human Tissue Act 2008
Part 2 s 55
(2)
Practise anatomy means to teach the science of anatomy by performing an
anatomical examination.
Compare: 1964 No 19 s 7(3)
Decency to be observed, etc
54
Duty of those performing post-mortems or anatomical examinations, or
collecting tissue from bodies
A person who performs a post-mortem or anatomical examination, or collects
tissue that is, or is collected from, a body, under this Act, must—
(a)
do so in a manner that avoids unnecessary mutilation of the body that is
being collected or examined, or from which the collection is being effec-
ted; and
(b)
conduct the examination or collection in an orderly, quiet, and decent
manner.
Compare: 1964 No 19
s 11
Trading in blood, controlled human substances, or other human tissue
55
Interpretation
In sections 57 to 65, unless the context otherwise requires,—
appointed entity means an entity appointed under
section 63
blood means human blood; and—
(a)
includes the following:
(i)
a substance derived from blood:
(ii)
a human organ, or human bone marrow, or human tissue, includ-
ing the placenta, of a kind that is suitable as a source from which
to derive a constituent of blood that may be used therapeutically
or in the preparation of a substance for therapeutic use:
(iii)
a constituent of an organ, bone marrow, or tissue described in sub-
paragraph (ii):
(iv)
human haematopoietic stem cells, or a constituent of human hae-
matopoietic stem cells, that may be used therapeutically or in the
preparation of a substance for therapeutic use:
(b)
does not include the following:
(i)
any substance derived from blood, a human organ, human bone
marrow, human tissue, or human haematopoietic stem cells that is
intended for use in quality control or as a diagnostic product:
(ii)
any substance containing a fraction of blood, a human organ,
human bone marrow, human tissue, or human haematopoietic
31
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1 March 2016
stem cells that the Governor-General by Order in Council declares
not to be blood for the purposes of
sections 57 to 65
controlled human substance—
(a)
means—
(i)
human bone marrow (other than human bone marrow referred to
in paragraph (a)(ii) of the definition of blood in this section) that
may be used therapeutically or in the preparation of a substance
for therapeutic use; or
(ii)
a constituent of human bone marrow described in subparagraph
(i); or
(iii)
any other substance of the human body that may be used thera-
peutically or in the preparation of a substance for therapeutic use
and that the Governor-General by Order in Council declares to be
included in this definition; but
(b)
does not include—
(i)
a product derived from any controlled human substance that is in-
tended for use in quality control or as a diagnostic product; or
(ii)
a substance containing a fraction of any controlled human sub-
stance that the Governor-General by Order in Council declares not
to be a controlled human substance for the purposes of
sections 57
to 65.
Compare: 1956 No 65
s 92A
56
Trading in human tissue generally prohibited
(1)
No person may, except under an exemption
under section 60, require or accept,
or offer or provide, financial or other consideration for human tissue.
(2)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 1 year or a fine not exceeding $50,000, if—
(a)
the person intentionally or knowingly does an act; and
(b)
that act contravenes subsection (1).
(3)
Subsection (1) does not apply to the following:
(a)
a product derived from human tissue and intended for use in research, in
quality control, or as a diagnostic product:
(b)
processed human tissue samples (for example, tissue arrays) intended for
use in research, in quality control, or as a diagnostic product:
(c)
human hair collected from living people and that is, is part of, or is for
use in, wigs or other hair-pieces:
(d)
human tissue that is, or is part of, a controlled drug or a medicine (other
than a medicine that is a blood clotting factor, blood corpuscles, or
whole blood).
32
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Human Tissue Act 2008
Part 2 s 58
(4)
Consideration for human tissue in subsection (1) does not include consider-
ation for the collection or use of the tissue.
(5)
Consideration referred to in subsection (4) may be required or accepted, or of-
fered or provided, from or by 1 or more persons, or on 1 or more occasions, or
both.
(6)
Use, in this section, includes import and export.
(7)
This section does not limit or af
fect section 59.
Compare: 1956 No 65 s 92B
Section 56(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
57
Collection of blood or controlled human substance
(1)
No person may collect blood or any controlled human substance from a person,
or from the body of a person, for the purpose of obtaining that blood or that
substance for administration to another person.
(2)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 6 months or a fine not exceeding $20,000, if—
(a)
the person intentionally or knowingly does an act; and
(b)
that act contravenes subsection (1).
(3)
Subsection (1) does not apply to—
(a)
an appointed entity that is authorised to collect blood and controlled
human substances from persons or bodies or both; or
(b)
an employee or agent of an appointed entity who is authorised by the en-
tity to collect blood or controlled human substances on behalf of the en-
tity, if the entity has the power to authorise employees or agents to do so.
(4)
For the purposes of subsection (3), an appointed entity is authorised to collect
blood and controlled human substances, and has the power to authorise em-
ployees and agents of the entity to do so, unless the notice by which the entity
is appointed provides otherwise.
(5)
Every appointed entity described in subsection (3)(a) and every employee or
agent described in subsection (3)(b) who collects blood or any controlled
human substance must give due recognition to the fact that the blood or con-
trolled human substance has been donated.
Compare: 1956 No 65
s 92C
Section 57(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
58
Consideration not generally to be provided for collection of blood or
controlled human substance for administration to another person
(1)
No person may, except under an exemption under
section 60, provide financial
or other consideration for the collection of blood or a controlled human sub-
33
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Human Tissue Act 2008
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stance from a person, or from the body of a person, for administration to anoth-
er person.
(2)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 1 year or a fine not exceeding $50,000, if—
(a)
the person intentionally or knowingly does an act; and
(b)
that act contravenes subsection (1).
(3)
Subsection (1) does not prevent a person who collects blood or a controlled
human substance from providing to, or for the benefit of, the person from
whom the blood or controlled human substance is collected consideration that
is reasonably related to, or that does not exceed, the actual and reasonable costs
incurred by that person in connection with its collection.
Compare: 1956 No 65 s 92B(2)
Section 58(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
59
Person administering blood or controlled human substance not to charge
recipient for its collection or use
(1)
No person who administers blood or any controlled human substance to anoth-
er person may, except under an exemption under
section 60, require or accept
from the person to whom that blood or that substance is administered financial
or other consideration for collecting or using it.
(2)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 1 year or a fine not exceeding $50,000, if—
(a)
the person intentionally or knowingly does an act; and
(b)
that act contravenes subsection (1).
(3)
This section does not limit or af
fect section 56.
Compare: 1956 No 65 s 92D
Section 59(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
60
Exemptions
(1)
The Minister may, in his or her discretion, on any terms and conditions he or
she thinks fit, and by notice in writing, exempt a person or persons or a class of
persons from compliance with any or all of the provisions of—
(a)
section 56 (trading in human tissue generally prohibited):
(b)
section 58 (consideration not generally to be provided for collection of
blood or controlled human substance for administration to another per-
son):
(c)
section 59 (person administering blood or controlled human substance
not to charge recipient for its collection or use):
(d)
section 61 (advertising prohibited).
34
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Human Tissue Act 2008
Part 2 s 62
(2)
The Minister may in the same manner vary or revoke an exemption under sub-
section (1).
(3)
After giving a notice under this section, the Minister must—
(a)
publish a copy in the
Gazette as soon as practicable; and
(b)
present a copy to the House of Representatives no later than its 16th sit-
ting day after the day on which the notice was given.
Compare: 1956 No 65
s 92E
61
Advertising prohibited
(1)
No person may, except under an exemption under
section 60, distribute an ad-
vertisement relating to the purchase or sale in New Zealand of human tissue.
(2)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000, if—
(a)
the person intentionally or knowingly does an act; and
(b)
that act contravenes subsection (1).
(3)
Subsection (1) does not apply to distribution of an advertisement relating to the
purchase or sale in New Zealand of the following:
(a)
a product derived from human tissue and intended for use in research, in
quality control, or as a diagnostic product:
(b)
processed human tissue samples (for example, tissue arrays) intended for
use in research, in quality control, or as a diagnostic product:
(c)
human hair collected from living people and that is, is part of, or is for
use in, wigs or other hair-pieces:
(d)
human tissue that is, or is part of, a controlled drug or a medicine (other
than a medicine that is a blood clotting factor, blood corpuscles, or
whole blood).
(4)
Distribute, for the purposes of this section, means—
(a)
to publish or otherwise disseminate, by newspaper, magazine, periodical,
book, billboard, radio, television, cinematograph film, or any other
means (for example, by the Internet); or
(b)
to exhibit to public view in any premises or place; or
(c)
to deposit in any area, yard, garden, or enclosure comprising part of or
appurtenant to any premises.
Compare: 1956 No 65 s 92F
Section 61(2): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
62
Liability of employers, principals, and directors
(1)
This section applies to an offence against
section 56(2),
57(2), 58(2), 59(2), or
61(2) and involving a contravention of
section 56(1), 57(1),
58(1), 59(1), or
35
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1 March 2016
61(1) (which relate to unlawful or prohibited trading in, or actions involving,
human tissue, blood, and controlled human substances).
(2)
An act done by a person as the employee (the
employee) of another person (the
employer) is, for the purposes of an offence to which this section applies, to be
treated as done by the employer as well as by the employee, if—
(a)
the employer approved of the act; or
(b)
the employer knew that the act was to be done or was being done and
failed to take all reasonable steps to prevent it.
(3)
An act done by a person as the agent (the
agent) of another person (the
princi-
pal) is, for the purposes of an offence to which this section applies, to be trea-
ted as done by the principal as well as by the agent, if—
(a)
the principal approved of the act; or
(b)
the principal knew that the act was to be done or was being done and
failed to take all reasonable steps to prevent it.
(4)
If a body corporate is convicted of an offence to which this section applies, a
director of the body corporate is to be treated as having committed the same
offence, if—
(a)
the director approved of the act that constituted the offence; or
(b)
the director knew the offence was to be or was being committed and
failed to take all reasonable steps to prevent it.
(5)
Director, in subsection (4), includes a person who is concerned in the manage-
ment of a body corporate.
Compare: 1956 No 65 s 92G
63
Appointed entities to collect and distribute blood and controlled human
substances
(1)
The Minister may from time to time, by notice in writing, appoint 1 or more
entities to be responsible for the performance of any functions in relation to
blood and controlled human substances specified in the notice.
(2)
An appointment under subsection (1) may be subject to terms and conditions
specified in the notice appointing the appointee.
(3)
The Minister may from time to time, by notice in writing, revoke, vary, or add
to any of the following:
(a)
the functions for which an appointee is responsible:
(b)
the terms or conditions of the appointment.
(4)
The Minister may, at any time, by notice in writing, revoke an appointment
under subsection (1).
(5)
A notice given under this section takes effect on the date specified for the pur-
pose in the notice, or, if no date is so specified, on the day after the date on
which it is issued.
36
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Part 2 s 66
(6)
An appointed entity that performs, in accordance with a notice given under this
section, a function in relation to blood or a controlled human substance, is en-
titled to do anything, or refrain from doing anything, that is necessary or desir-
able for the purpose of performing that function, unless a notice given under
this section provides otherwise.
(7)
After giving a notice under subsection (1), (3), or (4), the Minister must, as
soon as practicable, publish in the
Gazette, and present to the House of Repre-
sentatives, a copy of that notice.
Compare: 1956 No 65
s 92H
64
Exemption from Part 2 of Commerce Act 1986
Nothing in Part 2 of the Commerce Act 1986 applies to—
(a)
a contract, arrangement, understanding, or covenant in relation to blood
or controlled human substances that—
(i)
at the time it is entered into is, or is of a class that is, approved for
the purposes of this section by the Governor-General by Order in
Council; or
(ii)
is entered into by a person who (at the time it is entered into) is, or
is of a class that is, approved for the purposes of this section by
the Governor-General by Order in Council; or
(b)
an act done to give effect to a provision of a contract, arrangement,
understanding, or covenant to which paragraph (a) applies.
Compare: 1956 No 65 s 92I
65
Protection of appointed entities
(1)
Section 129 of the Health Act 1956 applies to any appointed entity, and to any
employee or agent of an appointed entity, who, in pursuance or intended pursu-
ance of a provision in a notice given
under section 63 of this Act (which relates
to entities to collect and distribute blood and controlled human substances),
does an act, or fails or refuses to do an act, in relation to blood or a controlled
human substance.
(2)
For the purpose of applying
section 129 of the Health Act 1956 in accordance
with subsection (1), a provision in a notice given under
section 63 of this Act
must be treated as a provision of the Health Act 1956.
Compare: 1956 No 65 s 92J
Exportation and importation of human tissue
66
Standards, etc, for export and import of human tissue
(1)
A person exporting or importing human tissue must comply with all relevant
requirements and quality, safety, and other standards prescribed or approved by
regulations under section 75.
37
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1 March 2016
(2)
This section applies even if the exportation or importation of the tissue is re-
quired, permitted, or otherwise controlled by law.
(3)
A person commits an offence, and is liable on conviction to imprisonment for a
term not exceeding 3 months or a fine not exceeding $20,000, if—
(a)
the person intentionally or knowingly does, or omits to do, an act; and
(b)
that act or omission contravenes subsection (1).
Compare: 2004 No 92 s 9(2)(a), (5)
Section 66(3): amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Part 3
Technical and miscellaneous provisions
Enforcement provisions
67
Matters to be ascertained by authorised persons
An authorised person who believes on reasonable grounds that there is a place
(the
place) in which human tissue is collected or used may, at any reasonable
time, exercise any of the powers in
section 68 reasonably necessary to ascertain
whether—
(a)
collection or use of human tissue at the place involves a contravention of
a section of this Act; or
(b)
there is located at the place any thing that is or may be evidence of a
contravention of that kind.
Compare: 2004 No 92 s 67
68
Powers of authorised persons
(1)
The powers referred to in
section 67, in relation to any place, are the powers
to—
(a)
enter the place:
(b)
inspect—
(i)
any equipment or device believed on reasonable grounds to be
used in the place in relation to collection or use of human tissue:
(ii)
any document or record (whether in electronic or other form) in
the place and that is believed on reasonable grounds to relate to
any collection or use of human tissue:
(c)
[Repealed]
(d)
search for and seize—
(i)
any equipment or device referred to in paragraph (b)(i):
(ii)
any human tissue:
38
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Part 3 s 69
(iii)
any document or record (whether in electronic or other form) in
the place and that is believed on reasonable grounds to relate to
any collection or use of human tissue:
(e)
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 ad-
verse effects on any human tissue.
(f)
[Repealed]
(g)
[Repealed]
(h)
[Repealed]
(2)
The provisions of
Part 4 of the Search and Surveillance Act 2012 (except
sub-
part 3 and sections 118 and 119) apply with any necessary modifications.
(3)
[Repealed]
Compare: 2004 No 92
s 68
Section 68(1)(c): repealed, on 1 October 2012, by
section 258(2) of the Search and Surveillance Act
2012 (2012 No 24).
Section 68(1)(f): repealed, on 1 October 2012, by
section 258(2) of the Search and Surveillance Act
2012 (2012 No 24).
Section 68(1)(g): repealed, on 1 October 2012, by
section 258(2) of the Search and Surveillance Act
2012 (2012 No 24).
Section 68(1)(h): repealed, on 1 October 2012, by
section 258(2) of the Search and Surveillance Act
2012 (2012 No 24).
Section 68(2): replaced, on 1 October 2012, by
section 258(3) of the Search and Surveillance Act
2012 (2012 No 24).
Section 68(3): repealed, on 1 October 2012, by
section 258(3) of the Search and Surveillance Act
2012 (2012 No 24).
69
Entry of dwellinghouses and marae
(1)
An authorised person must not enter a dwellinghouse or marae under
section
68(1)(a), except—
(a)
with the consent of an occupier of the dwellinghouse or marae; or
(b)
with the authority of a search warrant issued under subsection (2).
(2)
An issuing officer (within the meaning of
section 3 of the Search and Surveil-
lance Act 2012) may, on an application made by an authorised person in the
manner provided for an application for a search warrant in
subpart 3 of Part 4
of that Act, issue a search warrant in respect of a dwellinghouse or marae if
satisfied that there are reasonable grounds to believe that in that house or mar-
ae—
(a)
an offence against this Act has been or is being committed; or
(b)
there is any thing that is or may be evidence of the commission of an
offence against this Act.
(3)
[Repealed]
39
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1 March 2016
(4)
The search warrant authorises the authorised person to whom it is directed to
exercise in respect of the dwellinghouse or marae all or any of the powers de-
scribed in
section 68, and the provisions of that section apply to the execution
of the warrant.
(5)
Subject to subsection (6) and section 72, the provisions of
Part 4 of the Search
and Surveillance Act
2012 (except sections 118 and 119) apply.
(6)
The authorised person to whom the search warrant is directed may execute it
on 1 occasion on, or within 14 days after, the date of its issue.
Compare: 2004 No 92
s 69
Section 69(2): amended, on 1 October 2012, by
section 258(4) of the Search and Surveillance Act
2012 (2012 No 24).
Section 69(3): repealed, on 1 October 2012, by
section 258(5) of the Search and Surveillance Act
2012 (2012 No 24).
Section 69(5): replaced, on 1 October 2012, by
section 258(6) of the Search and Surveillance Act
2012 (2012 No 24).
70
Identification of authorised person
[Repealed]
Section 70: repealed, on 1 October 2012,
by section 258(7) of the Search and Surveillance Act 2012
(2012 No 24).
71
Notice requirements when place entered
[Repealed]
Section 71: repealed, on 1 October 2012,
by section 258(7) of the Search and Surveillance Act 2012
(2012 No 24).
72
Disposal of property seized
Subpart 6 of Part 4 of the Search and Surveillance Act 2012 applies to any
property seized by an authorised person under
section 68(1)(d), subject to the
following provisions:
(a)
[Repealed]
(b)
[Repealed]
(c)
[Repealed]
(d)
if any person is convicted of an offence to which the item relates, the
Court may, if it thinks fit, order that the item be forfeited to the Crown or
disposed of as the Court directs at the expense of the convicted person,
and may order that the person pay any reasonable costs incurred by the
authorised person or the Commissioner of Police in retaining the item.
Compare: 2004 No 92 s 72
Section 72: amended, on 1 October 2012, by
section 258(8)(a) of the Search and Surveillance Act
2012 (2012 No 24).
Section 72(a): repealed, on 1 October 2012,
by section 258(8)(b) of the Search and Surveillance Act
2012 (2012 No 24).
40
Reprinted as at
1 March 2016
Human Tissue Act 2008
Part 3 s 75
Section 72(b): repealed, on 1 October 2012, by
section 258(8)(b) of the Search and Surveillance Act
2012 (2012 No 24).
Section 72(c): repealed, on 1 October 2012,
by section 258(8)(b) of the Search and Surveillance Act
2012 (2012 No 24).
73
Obstructing inspections, etc, by authorised persons
Every person commits an offence, and is liable on conviction to imprisonment
for a term not exceeding 3 months, or a fine not exceeding $20,000, who inten-
tionally does all or any of the following:
(a)
obstructs, hinders, or resists an authorised person, or any person lawfully
assisting an authorised person, in the exercise of the authorised person’s
powers under this Act:
(b)
refuses or fails to comply with any lawful requirements of an authorised
person under this Act.
Compare: 2004 No 90
s 79; 2004 No 92 s 75
Section 73: amended, on 1 July 2013, by
section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Regulations and Orders in Council
74
Regulations prescribing or approving quality, safety, and other standards
for collection or use of human tissue for non-therapeutic purposes
(1)
The Governor-General may, by Order in Council, make regulations prescribing
or approving standards for collection or use of human tissue for education, re-
search, or other non-therapeutic purposes.
(2)
The standards may be to ensure minimum levels of quality, safety, or both, or
may be for other purposes.
(3)
The standards must include requirements for ethical approval of all research
using human tissue.
(4)
The requirements for ethical approval must not be inconsistent with require-
ments under
the Human Assisted Reproductive Technology Act 2004 for ethic-
al approval for human reproductive research.
(5)
However, the standards or the regulations may identify research, or classes or
kinds of research, using human tissue to which some or all of the requirements
for ethical approval do not apply, or apply subject to conditions or modifica-
tions.
75
Regulations prescribing or approving requirements and quality, safety,
and other standards for export and import of human tissue
(1)
The Governor-General may, by Order in Council, make regulations for either
or both of the following purposes:
(a)
prescribing requirements for exportation of human tissue, importation of
human tissue, or both:
41
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Part 3 s 76
Human Tissue Act 2008
1 March 2016
(b)
prescribing or approving standards for exportation of human tissue, im-
portation of human tissue, or both.
(2)
Requirements prescribed for importation of human tissue may relate to in-
formed consent having been given and, if so, they may differ from similar re-
quirements in this Act.
(3)
The standards may be to ensure minimum levels of quality, safety, or both, or
may be for other purposes.
(4)
Subsections (2) and (3) do not limit subsection (1).
76
Regulations may incorporate standards by reference
Regulations under
section 74 or
75 may incorporate standards by reference, in
accordance with Schedule 5.
77
Orders authorising establishment of schools of anatomy
The Governor-General may, by Order in Council, authorise the establishment
of a school of anatomy where the study and practice of the science of anatomy
may be carried on—
(a)
in connection with a university, or a school of medicine, specified in the
order; and
(b)
at the place or places, and on the conditions (if any), specified in the
order.
Compare: 1964 No 19
s 7(1)
78
Regulations establishing or recognising national organ and tissue donor
register
(1)
The Governor-General may, by Order in Council, make regulations establish-
ing or recognising a register, maintained in any medium by or on behalf of the
Crown and called the national organ and tissue donor register, for recording in-
formation that is or includes the following:
(a)
informed consent, informed objections, or nominations given, raised, or
made for the purposes of this Act; and
(b)
amendments to, or revocations of, informed consent, informed objec-
tions, or nominations given, raised, or made for those purposes; and
(c)
other donor information.
(2)
The regulations may require the register to be maintained by or on behalf of the
Crown in 1 or more specified media (whether or not it is maintained in other
media).
(3)
The regulations may also require the register to be capable of, and to be main-
tained for, recording 1 or more specified classes, descriptions, or kinds of other
donor information.
42
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Human Tissue Act 2008
Part 3 s 81
(4)
The regulations do not affect the application of the
Privacy Act 1993 to the col-
lection, use, and disclosure of personal information by and for the purposes of
the register.
(5)
In particular, the regulations cannot authorise or require the recording in the
register of personal information—
(a)
without authorisation or consent from the individual concerned; and
(b)
until he or she cancels, or otherwise opts out of, the recording in the
register of that information.
(6)
Subsection (5) does not limit subsection (4).
79
Regulations prescribing form of search warrant
[Repealed]
Section 79: repealed, on 1 October 2012,
by section 258(9) of the Search and Surveillance Act 2012
(2012 No 24).
Inspectors of schools of anatomy
80
Appointment
(1)
The Director-General may from time to time appoint 1 or more persons as an
inspector or inspectors of a school of anatomy.
(2)
The persons must be either—
(a)
members of the police appointed with the concurrence of the Commis-
sioner of Police; or
(b)
persons who are not members of the police but are persons who wish to
be appointed, and who the Director-General considers are suitable for
appointment, as inspectors of the school of anatomy.
Compare: 1964 No 19
s 8(1)
81
Term of office
An inspector continues in office until some other person is appointed in his or
her place, unless the inspector ceases to hold that office earlier because he or
she—
(a)
resigns from it with the consent of the Director-General; or
(b)
was appointed to it under
section 80(1) and (2)(a) and ceases to be a
member of the police; or
(c)
dies; or
(d)
is removed from it under section 82.
Compare: 1964 No 19
s 8(2)
43
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Human Tissue Act 2008
1 March 2016
82
Removal of inspectors who are not members of police
(1)
If satisfied that 1 or more of the grounds for removal exist in relation to the
inspector, the Director-General may at any time, by notice to the inspector, re-
move from of
fice an inspector appointed under section 80(1) and (2)(b).
(2)
The grounds for removal are incapacity affecting performance of duty, neglect
of duty, and misconduct.
(3)
Before removing an inspector from office, the Director-General must give the
inspector a reasonable opportunity to make submissions, or be heard, or both,
on the proposed removal.
(4)
The removal takes effect at the later of the following times:
(a)
when the removal notice is received by the inspector:
(b)
a later time specified for the purpose in that notice.
Compare: 1993 No 82 s 20G(d)
83
Directions to inspectors
(1)
The Director-General may give inspectors written directions relating to how
they must perform the duties of their office.
(2)
The inspectors must comply with those directions.
(3)
The Director-General may, by written notice given to the inspectors concerned,
amend, revoke, or revoke and replace a written direction under this section.
Compare: 1964 No 19 s 8(1)
84
Inspectors must report irregularities
(1)
An inspector of a school of anatomy must, as soon as is reasonably practicable,
report in writing to the Director-General every irregularity (if any) that appears
to that inspector to have occurred in respect of the receipt, possession, storage,
or other use of a body removed—
(a)
to the school for anatomical examination; or
(b)
from the school to another place, under
section 53.
(2)
The report must give details of every irregularity concerned and, as far as they
are known to the inspector, identifying details of the individual whose body
was concerned.
(3)
Inspectors of the same school of anatomy may combine their reports, or report
together jointly, under this section.
Compare: 1964 No 19 s 8(3)
85
Inspectors may visit and inspect school
An inspector may, at any reasonable time, visit and inspect the school of anato-
my for which he or she is appointed as an inspector.
Compare: 1964 No 19
s 8(4)
44
Reprinted as at
1 March 2016
Human Tissue Act 2008
Part 3 s 87
Disclosure of health information to facilitate consideration of use of tissue for
transplantation or other therapeutic purposes
86
Disclosure to ascertain medical suitability and whether consent required
for use has been, or may be, given
(1)
A health agency that holds health information about an individual who has died
need not obtain from the individual’s representative authorisation for disclosure
of the information if—
(a)
the agency believes on reasonable grounds that it is not desirable or not
practicable to obtain authorisation of that kind; and
(b)
the disclosure is by a person authorised by the agency to a person author-
ised by an authorised tissue bank; and
(c)
the disclosure of the information is for the purposes of helping the au-
thorised tissue bank, or its agents or employees, to ascertain—
(i)
whether tissue of the individual, collected before death or from his
or her body, is or may be suitable for use for transplantation or
other therapeutic purposes; and
(ii)
whether any consent required by law for use for those purposes of
tissue of that kind has been, or may be, given.
(2)
The health information about the individual may include—
(a)
the fact that the individual has died; and
(b)
identifying details of the individual; and
(c)
identifying details and contact details of members of the individual’s
family.
(3)
Authorised tissue bank means a tissue bank the Director-General has by no-
tice in the
Gazette authorised for the purposes of this section, and
health agen-
cy,
health information, and
representative have the meanings given to them
by clause 3 of the Health Information Privacy Code 1994 issued under
section
46 of the Privacy Act 1993.
Repeal of organ donor provisions in driver licensing legislation
87
Land Transport Act 1998 amended
(1)
This section amends the
Land Transport Act 1998.
(2)
Section 28(1)(i) is repealed.
(3)
The following section is inserted after
section 28A:
28B Transitional provision for driver licences showing organ donor
information about holders, etc
(1)
Organ donor information (if applicable) about the holder continues to be shown
on a driver licence, despite the repeals and revocations effected by sections 87
45
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Human Tissue Act 2008
1 March 2016
and 88 of the Human Tissue Act 2008, until the licence is renewed or replaced
under Part 12 of the Land Transport (Driver Licensing) Rule 1999.
(2)
This section does not limit or affect section 199(9) to (11).
(4)
Section 199(2)(q) is repealed.
(5)
Section 199(5) is repealed; and section 199(7) and (8) are consequentially
amended by omitting “any of subsections (4) to (6)” and substituting in each
case “subsection (4) or (6)”.
(6)
Section 199 is amended by inserting the following subsections after subsection
(8):
(9)
The national register may, but need not, continue to show organ donor informa-
tion, despite the repeals and revocations effected by sections 87 and 88 of the
Human Tissue Act 2008, while that information continues to be shown on the
relevant driver licence in accordance with section 28B.
(10) The Authority may retain for initial disclosure, and may disclose (initially, and
again on 1 or more later occasions during the period specified in this subsec-
tion), and may for 5 years (or a shorter period considered appropriate by the
Authority) after initial disclosure under this subsection retain to disclose again
under this subsection, to the national organ and tissue donor register (as defined
in section 6 of the Human Tissue Act 2008), organ donor information that was,
or may have been, formerly shown—
(a)
on the relevant driver licence, under section 28B; and
(b)
by the national register, under subsection (9).
(11) Subsection (10) overrides subsection (9).
Section 87(6): amended, on 10 May 2011, by
section 100(3) of the Land Transport (Road Safety and
Other Matters) Amendment Act 2011 (2011 No 13).
88
Land Transport (Driver Licensing) Rule 1999 amended
(1)
This section amends the
Land Transport (Driver Licensing) Rule 1999.
(2)
Rules 9(h) and 63(1)(k) are revoked.
89
Commencement of sections 87 and 88
(1)
Subsections (1) and (5) of
section 87 (which repeal a provision under which
medical practitioners are entitled, without payment of a fee, to organ donor in-
formation from the national register of all driver licences) come into force on a
date to be appointed by the Governor-General by Order in Council.
(2)
Sections 87(2) to (4) and (6) and
88 and the
heading above
section 87 (which
repeal organ donor provisions in driver licensing legislation) come into force
on a date to be appointed by the Governor-General by Order in Council.
(3)
The date appointed under subsection (2) must be the same as, or after, the date
appointed under subsection (1).
46
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Human Tissue Act 2008
Part 3 s 91
(4)
A date appointed under subsection (1) or (2) must be the same as, or after, the
date appointed under
section 2(3).
(5)
Dates appointed under
section 2(3) or subsection (1) or (2) of this section may
be appointed by the same order or different orders.
Amendment ensuring taking of tissue from live donor for transplantation, etc,
is health treatment
90
Interpretation
(1)
This section amends the
Health and Disability Commissioner Act 1994.
(2)
Section 2(1) is amended by inserting the following definition in its appropriate
alphabetical order:
health treatment, to avoid doubt, includes treatment of a person (
A) that is, or
is related to, the taking of human tissue from A for all or any of the following
purposes:
(a)
transplantation, or another therapeutic purpose, for the benefit of 1 or
more persons other than A:
(b)
educational purposes or research purposes
Amendment to Human Assisted Reproductive Technology Act 2004 and
relating to gametes and embryos
91
Regulations
(1)
This section amends the
Human Assisted Reproductive Technology Act 2004.
(2)
Section 76 is amended by inserting the following subsections after subsection
(1):
(1A) Regulations under subsection (1)(a)(i) may prescribe requirements (not incon-
sistent with this Act, the Health and Disability Commissioner (Code of Health
and Disability Services Consumers’ Rights) Regulations 1996, or the Human
Tissue Act 2008) for informed consent for collection of gametes, embryos, or
both—
(a)
from dead individuals; and
(b)
in connection with, or for the purposes of, the performance of assisted
reproductive procedures, the conduct of human reproductive research, or
any other lawful use or uses of the gametes, embryos, or both.
(1B) Subsection (1A) does not limit subsection (1)(a)(i) or the power under section 6
to declare procedures or treatments not to be established procedures if they in-
volve the use of gametes or embryos collected from a person, who has since
died, who did not consent to the specific use of the gametes or embryos before
that person’s death.
47
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Human Tissue Act 2008
1 March 2016
Consequential amendments and repeals
92
Consequential amendments
The Acts listed in
Schedule 6 are amended in the manner indicated in that
schedule.
93
Repeals
(1)
The Human Tissue Act 1964 (1964 No 19) is repealed.
(2)
Part 3A (trading in human blood and controlled human substance) of the
Health Act 1956 is repealed.
Savings and transitional provisions
94
Exemptions under section 92E(1) of Health Act 1956
(1)
This section applies to notices given under
section 92E(1) of the Health Act
1956 if those notices were in force immediately before the repeal of
Part 3A of
that Act.
(2)
On and after that repeal, those notices must be treated as if they were given
under
section 60 (exemptions), and may be revoked, varied, or added to, under
that section accordingly.
95
Entities appointed under Health Act 1956 to collect and distribute blood
and controlled human substances
(1)
This section applies to appointments under
section 92H of the Health Act 1956
if those appointments were in force immediately before the repeal
of Part 3A of
that Act.
(2)
On and after that repeal, those appointments must be treated as if they were
made under
section 63 (appointed entities to collect and distribute blood and
controlled human substances), and may be revoked, varied, or added to, under
that section accordingly.
96
Schools of anatomy and inspectors of them
(1)
Orders authorising the establishment of schools of anatomy and in force on the
repeal of the
Human Tissue Act 1964 must after that repeal be treated as orders
under
section 77, and may be amended, revoked, or revoked and replaced
under that section accordingly.
(2)
Orders authorising the establishment of schools of anatomy means the fol-
lowing orders under section 3 of the Anatomy Act 1875 or
section 7 of the
Human Tissue Act 1964:
(a)
Order in Council Authorising the Establishment of a School of Anatomy
in connection with the University of Otago, 15 June 1876
New Zealand
Gazette No 34 page 407:
48
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Reprinted as at
1 March 2016
Human Tissue Act 2008
Part 3 s 97
(b)
Order in Council Authorising the Establishment of a School of Anatomy
in connection with Auckland University College, 5 March 1888
New
Zealand Gazette No 14 page 298:
(c)
University of Otago School of Anatomy Order 1969 (SR 1969/278)
(Wellington Hospital):
(d)
University of Otago School of Anatomy Order 1988 (SR 1988/206)
(Christchurch Hospital).
(3)
Every inspector of a school of anatomy who was in office immediately before
the repeal of the
Human Tissue Act 1964 continues in office after that repeal as
if appointed by the Director-General—
(a)
under section 80(1) and (2)(a), if the inspector is a member of the police;
and
(b)
under section 80(1) and (2)(b), in every other case.
(4)
Every direction by the Minister to an inspector of a school of anatomy under
section 8(1) of the Human Tissue Act 1964 and in force on the repeal of that
Act must after that repeal be treated as a direction by the Director-General
under
section 83, and may be amended, revoked, or revoked and replaced
under that section accordingly.
97
Existing holdings of human tissue
(1)
This section applies to human tissue that, immediately before the repeal of the
Human Tissue Act 1964, had been collected, or was being used (
existing hold-
ings).
(2)
Collection, use, exportation, and importation of existing holdings must comply
with all relevant requirements and quality, safety, and other standards pre-
scribed or approved by regulations under
section 74 or 75.
(3)
However, no other requirements in this Act apply to existing holdings, and the
Human Tissue Act 1964 continues to apply to existing holdings as if that Act
had not been repealed.
(4)
To avoid doubt
requirements, in subsection (3), includes requirements that
are, or are part of, offences or prohibitions.
49
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Reprinted as at
Schedule 1
Human Tissue Act 2008
1 March 2016
Schedule 1
Use for general purposes of tissue that is or is from bodies
s 5(1)
Did individual before death
give informed consent or raise
an informed objection?
Object
(s 31)
Consent
No
Did nominee(s) give informed
consent or raise an informed
objection?
Object
(ss 31, 35, and 39)
Consent
No
Did immediate family
give informed consent or raise
an informed objection?
Object
Consent
(ss 31, 36, and 40)
No
Did a close available relative
give informed consent that is
not overridden by an
No
overriding objection?
Yes
(ss 10, 31, and 41)
Decide whether to
Use is prohibited
proceed with use
(ss 19(1)(a) and 22)
(ss 16 and 17)
· Persons proposing to collect or use tissue must comply with s 14.
· In determining whether consent or an objection is informed consent, an informed objection,
or an overriding objection, see in particular ss 9, 26-30, 37, 38, and 43.
50
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1 March 2016
Human Tissue Act 2008
Schedule 2
Schedule 2
Use for anatomical examination or public display of tissue that is or
is from bodies
s 5(2)
Did individual before death
give informed consent or
raise an informed objection?
Object
(s 32)
Consent
No
Did nominee(s) give
informed consent or raise an
informed objection?
Object
Consent
(ss 32, 35, and 39)
No
Did immediate family
give informed consent or
raise an informed objection?
Object
Consent
(ss 32, 36, and 40)
No
Did a close available relative
give informed consent that is
not overridden by an
No
overriding objection?
Yes
(ss 10, 32, and 41)
Decide whether to
Use is prohibited
proceed with use
(ss 19(1)(a) and 22)
(ss 16 and 17)
· Persons proposing to collect or use tissue must comply with s 14.
· In determining whether consent or an objection is informed consent, an informed objection, or
an overriding objection, see in particular ss 9, 26-30, 37, 38, and 43.
· Examination and some display of bodies of individuals under 16 years is prohibited: s 51.
51
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Reprinted as at
Schedule 3
Human Tissue Act 2008
1 March 2016
Schedule 3
Use for secondary purposes after donor’s death of tissue from living
individual
s 5(3)
Did immediate family give
informed consent or raise
an informed objection?
(ss 34, 36, and 40)
Object
Consent
No
Did a close available
relative give informed
consent that is not
overridden by an overriding
objection?
No
Yes
(ss 10, 34, and 41)
Decide whether to
Use is prohibited
proceed with use
(ss 19(1)(d) and 24)
(ss 16 and 17)
· Persons proposing to collect or use tissue must comply with s 14.
· In determining whether consent or an objection is informed consent, an informed
objection, or an overriding objection, see in particular ss 9, 26-30, 37, 38, and 43.
52
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Reprinted as at
1 March 2016
Human Tissue Act 2008
Schedule 4
Schedule 4
Form of search warrant
s 69
Warrant under section 69(2) of Human Tissue Act 2008 to enter dwellinghouse
or marae
To [
state name of authorised person].
Being satisfied on written application made on oath by an authorised person that there
are reasonable grounds to believe that in the dwellinghouse or marae located at [
state
address or other description of location]—
(a)
an offence against the Human Tissue Act 2008 has been or is being committed;
or
(b)
there is any thing that is or may be evidence of the commission of an offence
against the Human Tissue Act 2008,—
by this warrant I authorise you, on 1 occasion on, or within 14 days after, the date of
the issue of this warrant, to enter that dwellinghouse or marae and exercise the
powers conferred by
section 68 of that Act.
Dated at [
state place and date of issue].
Conditions (if any) subject to which warrant issued: [
state conditions].
.......................................
District Court Judge (
or Community Magistrate
or Justice
or
Registrar (not being a member of the police))
53
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Reprinted as at
Schedule 5
Human Tissue Act 2008
1 March 2016
Schedule 5
Incorporation of standards in regulations by reference
s 76
1
Regulations may incorporate standards by reference
(1)
Regulations under
section 74 or
75 that approve standards (for example, New
Zealand standards) may incorporate those standards by reference.
(2)
Standards may be incorporated by reference in the regulations—
(a)
in whole or in part; and
(b)
with modifications, additions, or variations specified in the regulations.
(3)
Standards incorporated by reference in regulations under
section 74 or
75 have
legal effect as part of those regulations.
Compare: 1956 No 65
s 112ZG
2
Effect of amendments to, or replacement of, standards incorporated by
reference in regulations
An amendment to, or replacement of, standards incorporated by reference in
regulations under
section 74 or
75 (the
initial regulations) has legal effect as
part of the initial regulations only if—
(a)
the amendment or replacement material is made by the person or organ-
isation originating the incorporated material; and
(b)
the amendment or replacement material is of the same general character
as the material amended or replaced; and
(c)
regulations made under
section 74 or
75 after the making of the initial
regulations state that the particular amendment or replacement has that
effect.
Compare: 1956 No 65
s 112ZH
3
Proof of standards incorporated by reference
(1)
A copy of standards incorporated by reference in regulations, including any
amendment to, or replacement of, the standards, (the
standards) must be—
(a)
certified as a correct copy of the standards by the Director-General; and
(b)
retained by the Director-General.
(2)
The production in proceedings of a certified copy of the standards is, in the ab-
sence of evidence to the contrary, sufficient evidence of the incorporation in the
regulations of the standards.
Compare: 1956 No 65
s 112ZI
4
Effect of expiry or revocation of standards incorporated by reference
Standards incorporated by reference in regulations under
section 74 or
75 that
expire or that are revoked or that cease to have effect cease to have legal effect
54
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Human Tissue Act 2008
Schedule 5
as part of those regulations only if regulations made under that section state
that the standards cease to have legal effect.
Compare: 1956 No 65
s 112ZJ
5
Requirement to consult
(1)
This clause applies to regulations made under section 74 or 75 that—
(a)
incorporate standards by reference; or
(b)
state that an amendment to, or replacement of, standards incorporated by
reference in regulations of that kind has legal effect as part of the regula-
tions.
(2)
Before regulations to which this clause applies are made, the Director-General
must—
(a)
identify the standards proposed to be incorporated by reference or the
proposed amendment to, or replacement of, standards incorporated by
reference (the
proposed standards) in consultation with persons or or-
ganisations whom the Director-General considers appropriate, including
persons who are able to represent the views of health practitioners,
health researchers, or both, or of classes of health practitioner, health re-
searchers, or both, who will be directly affected by the proposed stand-
ards; and
(b)
make copies of the proposed standards available for inspection during
working hours for a reasonable period, free of charge, at the head office
of the Ministry of Health and at any other places that the Director-Gener-
al determines are appropriate; and
(c)
make copies of the proposed standards available for purchase at a
reasonable price; and
(d)
give notice in the
Gazette stating that—
(i)
the proposed standards are available for inspection during work-
ing hours free of charge, the place or places at which they can be
inspected, and the period during which they can be inspected; and
(ii)
copies of the proposed standards can be purchased and the place
or places at which they can be purchased; and
(e)
allow a reasonable opportunity for persons to comment on the proposal
to incorporate the proposed standards by reference; and
(f)
consider any comments they make.
(3)
Before regulations to which this clause applies are made, the Director-Gener-
al—
(a)
may make copies of the proposed standards available in any other way
that he or she considers appropriate in the circumstances (for example,
on an internet website); and
55
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Schedule 5
Human Tissue Act 2008
1 March 2016
(b)
must, if paragraph (a) applies, give notice in the
Gazette stating that the
proposed standards are available in other ways and details of where or
how they can be accessed or obtained.
(4)
A failure to comply with this clause does not invalidate regulations that incorp-
orate standards by reference.
Compare: 1956 No 65 s 112ZK
6
Access to standards incorporated by reference
(1)
The Director-General—
(a)
must make the standards referred to in subclause (2) (the
standards)
available for inspection during working hours, free of charge, at the head
office of the Ministry of Health and at any other places that the Director-
General determines are appropriate; and
(b)
must make copies of the standards available for purchase at a reasonable
price; and
(c)
may make copies of the standards available in any other way that the
Director-General considers appropriate in the circumstances (for ex-
ample, on an internet website); and
(d)
must give notice in the
Gazette stating that—
(i)
the standards are incorporated in the regulations and the date on
which the regulations were made; and
(ii)
the standards are available for inspection during working hours,
free of charge, and the location of the place or places at which
they can be inspected; and
(iii)
copies of the standards can be purchased and the location of the
place or places at which they can be purchased; and
(iv)
if copies of the standards are made available under paragraph (c),
the standards are available in other ways and details of where or
how they can be accessed or obtained.
(2)
The standards are—
(a)
standards incorporated by reference in regulations under
section 74 or
75:
(b)
any amendment to, or replacement of, those standards that is incorpor-
ated in the regulations or the standards referred to in paragraph (a) with
the amendments or replacement standards incorporated.
(3)
A failure to comply with this clause does not invalidate regulations that incorp-
orate standards by reference.
Compare: 1956 No 65 s 112ZL
56
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Human Tissue Act 2008
Schedule 5
7
Acts and Regulations Publication Act 1989 not applicable to standards
incorporated by reference
The Acts and Regulations Publication Act 1989 does not apply to—
(a)
standards incorporated by reference in regulations under
section 74 or
75; or
(b)
an amendment to, or replacement of, those standards.
Compare: 1956 No 65
s 112ZM
8
Application of Regulations (Disallowance) Act 1989 to standards
incorporated by reference
(1)
Nothing in
section 4 of the Regulations (Disallowance) Act 1989 requires
standards that are incorporated by reference in regulations to be laid before the
House of Representatives.
(2)
The
Regulations (Disallowance) Act 1989, apart from the modification to the
application of
section 4 of that Act made by subclause (1) of this clause, ap-
plies to regulations under
section 74 or
75 that incorporate standards by refer-
ence.
Compare: 1956 No 65
s 112ZN
9
Application of Standards and Accreditation Act 2015 not affected
Clauses 1 to 8 do not affect the application of
sections 29 to 32 of the Stand-
ards and Accreditation Act 2015.
Schedule 5 clause 9: replaced, on 1 March 2016, by
section 45(1) of the Standards and Accreditation
Act 2015 (2015 No 91).
57
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Reprinted as at
Schedule 6
Human Tissue Act 2008
1 March 2016
Schedule 6
Consequential amendments
s 92
Births, Deaths, and Marriages Registration Act 1995 (1995 No 16)
Section 39(c)(ii): omit “Human Tissue Act 1964” and substitute “Human Tissue Act
2008”.
Section 40(1)(b) and (4): omit “Human Tissue Act 1964” and substitute in each case
“Human Tissue Act 2008”.
Section 42(2)(b): omit “Human Tissue Act 1964” and substitute “Human Tissue Act
2008”.
Section 51(2)(b) and (3)(c): omit “Human Tissue Act 1964” and substitute in each
case “Human Tissue Act 2008”.
Coroners Act 2006 (2006 No 38)
Schedule 5: repeal so much as relates to the Human Tissue Act 1964.
Corrections Act 2004 (2004 No 50)
Schedule 2: repeal so much as relates to the Human Tissue Act 1964.
Electronic Transactions Act 2002 (2002 No 35)
Part 2 of the Schedule: omit the item relating to section 3 of the Human Tissue Act
1964 (1964 No 19).
Health Act 1956 (1956 No 65)
Section 22E: omit “section 92H” and substitute “section 63 of the Human Tissue Act
2008”.
Health and Disability Services (Safety) Act 2001 (2001 No 93)
Schedule 2: repeal so much as relates to the Human Tissue Act 1964.
Health Practitioners Competence Assurance Act 2003 (2003 No 48)
Section 67(b)(vii): omit “Human Tissue Act 1964” and substitute “Human Tissue Act
2008”.
Section 100(2)(vii): omit “Human Tissue Act 1964” and substitute “Human Tissue
Act 2008”.
Schedule 4: repeal so much as relates to the Human Tissue Act 1964.
Health Sector (Transfers) Act 1993 (1993 No 23)
Schedule 4: repeal so much as relates to the Human Tissue Act 1964.
58
Reprinted as at
1 March 2016
Human Tissue Act 2008
Schedule 6
Human Rights Amendment Act 2001 (2001 No 96)
Sections 53 and 54 and heading above section 53: repeal.
New Zealand Public Health and Disability Act 2000 (2000 No 91)
Section 55(1)(b): omit “section 92A of the Health Act 1956” and substitute “section
55 of the Human Tissue Act 2008”.
Section 55(1)(b): omit “section 92H” and substitute “section 63”.
Section 55(3): omit “Part 3A of the Health Act 1956” and substitute “section 55 of
the Human Tissue Act 2008”.
Section 65(4)(b): omit “within the meaning of Part 3A of the Health Act 1956” and
substitute “as defined in section 55 of the Human Tissue Act 2008”.
Relationships (Statutory References) Act 2005 (2005 No 3)
Schedule 1: repeal so much as relates to the Human Tissue Act 1964.
59
Reprinted as at
Notes
Human Tissue Act 2008
1 March 2016
Reprints notes
1
General
This is a reprint of the Human Tissue Act 2008 that incorporates all the amend-
ments to that Act as at the date of the last amendment to it.
2
Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law
enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in
electronic form, has the status of an official version under
section 17 of that
Act. A printed version of the reprint produced directly from this official elec-
tronic version also has official status.
3
Editorial and format changes
Editorial and format changes to reprints are made using the powers under
sec-
tions 24 to 26 of the Legislation Act 2012. See also
http://www.pco.parlia-
ment.govt.nz/editorial-conventions/.
4
Amendments incorporated in this reprint
Standards and Accreditation Act 2015 (2015 No 91): section 45(1)
Search and Surveillance Act 2012 (2012 No 24): section 258
Criminal Procedure Act 2011 (201
1 No 81): section 413
Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13):
section 100(3)
Human Tissue Act 2008 Commencement Order 2008 (SR 2008/311)
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2016
60