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Local Government Act 2002

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

261G: Consultation on proposal to incorporate material by reference

You could also call this:

“Rules for sharing important information before making new laws”

Before making a rule under section 261B, the Secretary must do several things. You can look at the material that might be included in the rule for free at the Secretary’s offices during work hours. You can also buy copies of this material for a reasonable price. The Secretary will put the material on their website for free, unless doing so would break copyright laws. The Secretary can share the material in other ways too if they think it’s a good idea.

The Secretary must also put a notice in the Gazette. This notice will tell you where you can see the material for free, where you can buy copies, and if it’s available on the internet. The Secretary must give you a fair chance to share your thoughts on including this material in the rule. They must think about what you say.

If the material is not in an official New Zealand language, there must be a good translation in an official language. Even if the Secretary doesn’t do all these things properly, the rule can still be valid if it includes material by reference.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3415426.

Topics:
Government and voting > Local councils
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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”

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261H: Access to material incorporated by reference, or

“Rules for sharing important documents mentioned in government decisions”

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

261GConsultation on proposal to incorporate material by reference

  1. Before a rule is made under section 261B, the Secretary—

  2. must make copies of any material proposed to be incorporated by reference in the rule (or the proposed amendment to, or replacement of, material incorporated by reference in the rule) (the proposed material) available for inspection, free of charge, during working hours at the offices of the Secretary; and
    1. must make copies of the proposed material available for purchase at a reasonable price; and
      1. must make copies of the proposed material available, free of charge, on the Secretary’s Internet site, unless doing so would infringe copyright; and
        1. may make copies of the proposed material available in any way that the Secretary considers appropriate in the circumstances; and
          1. must give notice in the Gazette stating—
            1. that the proposed material is available for inspection during working hours and free of charge, the place at which it can be inspected, and the period during which it can be inspected; and
              1. that copies of the proposed material can be purchased and the place at which they can be purchased; and
                1. if applicable, that the proposed material is available on the Internet free of charge and the Internet site address; and
                2. must allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
                  1. must consider any comments made.

                    1. The reference in subsection (1) to any material proposed to be incorporated by reference in a rule includes, if the material is not in an official New Zealand language, an accurate translation of that material in an official New Zealand language.

                    2. A failure to comply with this section does not invalidate a rule that incorporates material by reference.

                    Notes
                    • Section 261G: inserted, on , by section 42 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                    • Section 261G(1)(c): amended, on , by section 23 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).