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Civil Aviation Act 1990

Rules

36: Incorporation by reference

You could also call this:

"Rules can include outside information to help explain aviation laws"

The Minister, Governor-General, or Director can include certain documents in the rules they make. These documents can be written or electronic. They can include standards and practices from international aviation groups, rules from other countries that are part of ICAO, standards from the Standards Council or similar groups, rules from aviation sport or recreation groups, or any other document that's too big to print as part of the rule.

When they include these documents in a rule, they can use all or part of it. They can also change or add to the document in the rule. The Director must keep a copy of anything included in a rule and certify that it's correct.

Any document included in a rule becomes part of that rule. If the original document changes, those changes also become part of the rule, unless the rule says otherwise.

The Director must tell everyone about the included document by putting a notice in the Gazette. This notice must say when the rule was made, where you can see the document for free, where you can buy a copy, and any other ways to get it.

You can see all documents included in rules for free at the Civil Aviation Registry.

Some parts of the Legislation Act 2019 don't apply to documents included in rules. The rule doesn't have to be shown to the House of Representatives.

These rules about including documents don't change how the Standards and Accreditation Act 2015 works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216372.

Topics:
Transport and travel > Air travel
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Part 3Rules

36Incorporation by reference

  1. The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director:

  2. any standards, requirements, or recommended practices of international aviation organisations:
    1. any standards, requirements, or rules—
      1. prescribed under law by any other contracting State of ICAO:
        1. of the Standards Council, or a body or organisation outside New Zealand that has functions corresponding to the functions of the Standards Council:
          1. of any aviation sport or aviation recreation organisation:
          2. any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.

            1. Material may be incorporated by reference in a rule—

            2. in whole or in part; and
              1. with modifications, additions, or variations specified in the rule.

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

                2. certified as a correct copy of the material by the Minister or the Director (as the case may be); and
                  1. retained by the Director.

                    1. Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule.

                    2. The Director must give notice in the Gazette stating—

                    3. 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
                        1. the place where the material can be inspected; and
                          1. that copies of the material can be purchased; and
                            1. the place where the material can be purchased; and
                              1. if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

                                1. All material incorporated by reference under subsection (1) or (2) must be made available at the Civil Aviation Registry for inspection by the public free of charge.

                                2. Part 3 of the Legislation Act 2019 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.

                                3. Nothing in section 114 of the Legislation Act 2019 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.

                                4. Subsections (1) to (8) do not affect the application of sections 29 to 32 of the Standards and Accreditation Act 2015.

                                Notes
                                • Section 36: substituted, on , by section 9 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).
                                • Section 36(7): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                • Section 36(8): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                • Section 36(9): amended, on , by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).