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Local Government Act 2002

Regulations, other Orders in Council, and rules - Incorporation by reference

261E: Proof of material incorporated by reference

You could also call this:

“How to prove that outside information is part of a rule”

When a rule includes material from another source, the Secretary must keep a certified copy of that material. This copy needs to include any changes or updates made to the original material.

The Secretary has to confirm that the copy is correct. They also have to keep this copy safe.

If there’s a legal case about the rule, showing this certified copy in court is usually enough to prove that the material is part of the rule. However, if someone has evidence that says otherwise, the court will consider that too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3415424.

Topics:
Government and voting > Local councils
Government and voting > Government departments
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261D: Incorporation of documents by reference in rules, or

“Rules can use information from other documents to help explain things”

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261F: Effect of change to, or expiry of, material incorporated by reference, or

“What happens when information a rule uses changes or stops being valid”

Part 11 Regulations, other Orders in Council, and rules
Incorporation by reference

261EProof of material incorporated by reference

  1. A copy of material incorporated by reference in a rule, including any amendment to, or replacement of, the material, must be—

  2. certified by the Secretary as a correct copy of the material incorporated by reference; and
    1. retained by the Secretary.

      1. The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence that the material is incorporated by reference in the rule.

      Notes
      • Section 261E: inserted, on , by section 42 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).