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Resource Management Act 1991

Schedule 1AA: Incorporation of documents by reference in national environmental standards, national policy statements, and New Zealand coastal policy statements

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"How to include other documents in New Zealand's environmental laws and policies"

Illustration for Resource Management Act 1991

You can include other documents in national environmental standards, national policy statements, and New Zealand coastal policy statements. These documents can be from international or national organisations, or from other countries. They can also be other written material that is too large to include in the standard or statement. You can include part or all of a document, and you can make changes to it. The included document has legal effect as part of the standard or statement. If the document is changed or replaced, it only has legal effect if the Minister publishes a notice. The Ministry for the Environment must make the included documents available for you to look at during working hours. They must also make copies available for you to buy, and they can make them available in other ways, like on their website. They must give public notice that the documents are available and how you can get them. If a document expires or is no longer valid, it stops having legal effect as part of the standard or statement, but only if the Minister publishes a notice. The Ministry for the Environment must keep a copy of the included documents, and they must be certified as correct by the chief executive. If you need to prove that a document is included in a standard or statement, a certified copy is enough evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM241565.

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1AAIncorporation of documents by reference in national environmental standards, national policy statements, and New Zealand coastal policy statements Empowered by s 46B

1Incorporation of documents by reference

  1. The following written material may be incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy statement:

  2. standards, requirements, or recommended practices of international or national organisations:
    1. standards, requirements, or recommended practices prescribed in any country or jurisdiction:
      1. any other written material that deals with technical matters and is too large or impractical to include in, or print as part of, the national environmental standard, national policy statement, or New Zealand coastal policy statement.

        1. Material may be incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy statement—

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

            1. Material incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy statement has legal effect as part of the standard or statement.

            2. Any material or documents that may be incorporated by reference under this schedule may be in electronic form, and may include any electronic tools, models, and databases that are appropriate for inclusion in a national environmental standard, a national policy statement, or a New Zealand coastal policy statement.

            3. A requirement to provide a copy of any material or document incorporated by reference under this schedule is satisfied if an electronic copy is provided.

            Notes
            • Schedule 1AA clause 1: inserted, on , by section 130 of the Resource Management Amendment Act 2005 (2005 No 87).
            • Schedule 1AA clause 1(4): inserted, on , by section 120 of the Resource Legislation Amendment Act 2017 (2017 No 15).
            • Schedule 1AA clause 1(5): inserted, on , by section 120 of the Resource Legislation Amendment Act 2017 (2017 No 15).

            2Effect of amendments to, or replacement of, material incorporated by reference

            1. An amendment to, or replacement of, material incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy statement has legal effect as part of the standard or statement only if the Minister publishes a notice under subclause (2).

            2. The Minister may publish a notice that—

            3. states that subclause (1) applies to the national environmental standard, national policy statement, or New Zealand coastal policy statement; and
              1. specifies the date on which subclause (1) applies to the standard or statement.

                1. Subclause (1) does not apply if the national environmental standard, national policy statement, or New Zealand coastal policy statement expressly says that it does not apply.

                2. A notice under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Schedule 1AA clause 2: inserted, on , by section 130 of the Resource Management Amendment Act 2005 (2005 No 87).
                • Schedule 1AA clause 2(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Schedule 1AA clause 2(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

                3Proof of material incorporated by reference

                1. A copy of material incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy statement including any amendment to, or replacement of, the material (material), must be—

                2. certified as a correct copy of the material by the chief executive of the Ministry for the Environment; and
                  1. retained by 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 of the material in the national environmental standard, national policy statement, or New Zealand coastal policy statement.

                    Notes
                    • Schedule 1AA clause 3: inserted, on , by section 130 of the Resource Management Amendment Act 2005 (2005 No 87).

                    4Effect of expiry of material incorporated by reference

                    1. Material incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy statement that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the standard or statement only if the Minister publishes a notice under subclause (2).

                    2. The Minister may publish a notice that—

                    3. states that subclause (1) applies to the national environmental standard, national policy statement, or New Zealand coastal policy statement; and
                      1. specifies the date on which subclause (1) applies to the standard or statement.

                        1. Subclause (1) does not apply if the national environmental standard, national policy statement, or New Zealand coastal policy statement expressly says that it does not apply.

                        2. A notice under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Schedule 1AA clause 4: inserted, on , by section 130 of the Resource Management Amendment Act 2005 (2005 No 87).
                        • Schedule 1AA clause 4(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Schedule 1AA clause 4(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

                        5Access to material incorporated by reference

                        1. The Ministry for the Environment—

                        2. must make the material referred to in subclause (2) (material) available for inspection during working hours at the offices of the Ministry; and
                          1. must make copies of the material available for purchase at the offices of the Ministry; and
                            1. may make copies of the material available in any other way that the chief executive of the Ministry considers appropriate in the circumstances (for example, on an Internet website maintained by the Ministry); and
                              1. must give public notice stating that—
                                1. the material is incorporated in the national environmental standard, national policy statement, or New Zealand coastal policy statement; and
                                  1. the material is available for inspection during working hours free of charge and the place at which it can be inspected; and
                                    1. copies of the material can be purchased and the place at which they can be purchased; and
                                      1. if copies of the material are available under paragraph (c), details of how and where it may be obtained or accessed.

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

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

                                            Notes
                                            • Schedule 1AA clause 5: inserted, on , by section 130 of the Resource Management Amendment Act 2005 (2005 No 87).