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Utilities Access Act 2010

Regulations in place of Code

Schedule : Provisions applying where material is incorporated by reference in regulations made under section 18

You could also call this:

"Rules that include other information by reference: what you need to know"

Illustration for Utilities Access Act 2010

When rules are made under section 18 of the Utilities Access Act 2010, they can include other material by reference. This means the material is part of the rules, even if it is not written directly into them. You can think of it like including a picture in a book - the picture is part of the book, even if it is on a separate page.

The material that is incorporated by reference has the same legal effect as the rest of the rules. If the material is changed or replaced, the new version will be part of the rules, but only if the rules say so. If the material expires or is no longer valid, it will still be part of the rules unless the rules are changed to remove it.

The person in charge of the Ministry must make sure you can access the material that is incorporated by reference. They must keep a copy of the material at their office, and you can look at it for free during working hours. They must also make sure you can buy a copy of the material, and tell you how to get one. The Legislation Act 2019 has some rules about how laws are made, but these rules do not apply to material that is incorporated by reference, except for subpart 1 of Part 3 and section 114.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2249029.

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18: Power to make regulations if no Code, or

"The Government can make special rules for utility operators if there's no main set of rules, to keep things safe and working smoothly."

Provisions applying where material is incorporated by reference in regulations made under section 18 Empowered by s 18(4)

1Incorporation of material by reference in regulations

  1. Material incorporated by reference in regulations made under section 18 may be incorporated—

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

      1. The material incorporated by reference has legal effect as part of the regulations.

      2Effect of amendments to, replacement of, and expiry of, material incorporated by reference

      1. An amendment to, or replacement of, existing material incorporated by reference into regulations made under section 18 has legal effect as part of the regulations only if—

      2. the regulations provide that a reference to that particular existing material includes a reference to the material as subsequently amended or replaced; or
        1. the regulations are amended to refer to the material as amended or replaced.

          1. If material that is incorporated by reference expires or ceases to have effect, and is not replaced, the material continues to have effect for the purpose of the regulations unless or until the regulations are amended in a way that means the material is no longer incorporated by reference.

          3Proof of material incorporated by reference

          1. A copy of material incorporated by reference in regulations made under section 18, including any amendment to, or replacement of, the material, must be—

          2. certified as a correct copy of the material by the chief executive of the Ministry; and
            1. retained by the chief executive of the Ministry.

              1. The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the material.

              4Requirement to consult

              1. Subclause (2) does not apply if, in relation to particular material (including amendment or replacement material) proposed to be incorporated by reference into regulations made under section 18,—

              2. the material would amend or replace existing material incorporated by reference, and the regulations provide that references to that existing material include references to any amendment to, or replacement of, the material; or
                1. the Minister is satisfied that corridor managers and network operators already use, or have been adequately consulted on, the material proposed to be incorporated by reference.

                  1. Before regulations are made that incorporate material by reference (including amendment or replacement material), the chief executive of the Ministry must—

                  2. make copies of the material available for inspection during working hours for a reasonable period, free of charge, at the head office of the Ministry; and
                    1. ensure that copies of the material are available for purchase; and
                      1. give notice in the Gazette of where and when the material may be inspected free of charge, and how it may be purchased; and
                        1. allow a reasonable opportunity for persons to comment on the proposal to incorporate the material by reference; and
                          1. consider any comments made.

                            1. A failure to comply with subclause (2) does not invalidate regulations that incorporate material by reference.

                            5Access to material incorporated by reference

                            1. The chief executive of the Ministry—

                            2. must make any material that is incorporated by reference into regulations made under section 18 available for inspection at the head office of the Ministry during working hours, free of charge; and
                              1. must ensure that copies of the material are available for purchase; and
                                1. may make copies of the material available in any other way that the chief executive considers appropriate (for example, on an Internet site); and
                                  1. must give notice in the Gazette—
                                    1. stating that the material is incorporated in the regulations and giving the date on which the regulations were made; and
                                      1. setting out where and when the material may be inspected free of charge, and how it may be purchased.

                                      2. A failure to comply with subclause (1) does not invalidate the regulations that incorporate the material by reference.

                                      6Application of Legislation Act 2019 to material incorporated by reference

                                      1. Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.

                                      Notes
                                      • Schedule clause 6: replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

                                      7Application of Regulations (Disallowance) Act 1989 (Repealed)

                                        Notes
                                        • Schedule clause 7: repealed, on , by section 77(3) of the Legislation Act 2012 (2012 No 119).