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Local Government Act 2002

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

261H: Access to material incorporated by reference

You could also call this:

“Rules for sharing important documents mentioned in government decisions”

The Secretary has to make sure you can access certain materials that are mentioned in a rule. Here’s what they need to do:

You can look at these materials for free during work hours at the Secretary’s offices. You can also buy copies of these materials at a fair price.

The Secretary must put these materials on their website for free, as long as it doesn’t break copyright laws. They might also share the materials in other ways if they think it’s a good idea.

The Secretary has to tell everyone about these materials in the Gazette (which is like a special government newspaper). They’ll say when the rule was made, where you can look at the materials for free, where you can buy them, and where to find them on the internet.

The materials we’re talking about include anything mentioned in the rule, any changes made to those materials, and translations if the original isn’t in an official New Zealand language.

Even if the Secretary doesn’t do all of these things, the rule that talks about these materials is still valid.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3415428.

Topics:
Government and voting > Local councils
Rights and equality > Privacy
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Part 11 Regulations, other Orders in Council, and rules
Incorporation by reference

261HAccess to material incorporated by reference

  1. The Secretary—

  2. must make the material referred to in subsection (2) available for inspection during working hours, free of charge, at the offices of the Secretary; and
    1. must make copies of the incorporated material available for purchase at a reasonable price; and
      1. must make copies of the incorporated material available, free of charge, on the Secretary’s Internet site, unless doing so would infringe copyright; and
        1. may make copies of the incorporated material available in any other way that the Secretary considers appropriate in the circumstances; and
          1. must give notice in the Gazette stating—
            1. that the material is incorporated in the rule and the date on which the rule was made; and
              1. that the material is available for inspection during working hours free of charge and the place at which it can be inspected; and
                1. that copies of the material can be purchased and the place at which they can be purchased; and
                  1. that the material is available on the Internet and free of charge, and the Internet site address; and
                    1. if copies of the material are available under paragraph (d), how and where the copies may be obtained or accessed.

                    2. The material referred to in subsection (1) is—

                    3. material incorporated by reference in the rule:
                      1. any amendment to, or replacement of, that material that is incorporated in the rule or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
                        1. if the material referred to in paragraph (a) is not in an official New Zealand language, as well as the material itself, an accurate translation of that material in an official New Zealand language.

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

                          Notes
                          • Section 261H: inserted, on , by section 42 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                          • Section 261H(1)(c): amended, on , by section 24 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).