Plain language law

New Zealand law explained for everyone

Crown Minerals Act 1991

Permits, access to land, and other matters - Offences and miscellaneous - Regulations

105D: Requirement to consult on proposal to incorporate material by reference

You could also call this:

"Checking new rules with the public before they are made"

Illustration for Crown Minerals Act 1991

Before new rules are made, the chief executive must make the proposed rules available for you to look at. You can look at the proposed rules at the head office of the department responsible for the administration of this Act or at another place the chief executive chooses. The chief executive must also make the proposed rules available on the Internet for free, unless that would break copyright laws.

The chief executive must tell you where you can look at the proposed rules and where you can buy a copy. They must put a notice in the Gazette with this information and also say if the proposed rules are available on the Internet. The chief executive must give you a chance to comment on the proposed rules and think about what you say.

The chief executive can make the proposed rules available in other ways if they want to. If they do, they must put another notice in the Gazette to tell you about it. They can also provide a link to the proposed rules on another website if that is easier.

If the chief executive does not follow these rules, it does not mean the new rules are not valid. There are some rules about copyright that the chief executive must follow when making the proposed rules available on the Internet. Some types of rules do not have to follow these steps, like the ones described in section 105C(1)(a).

The proposed rules can be in their original form or translated into an official New Zealand language if needed. You can look at the original rules or the translated version, whichever is available. The chief executive must make sure you can access the proposed rules in a way that is fair and easy for you.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5237838.

Topics:
Government and voting > Government departments
Previous

105C: Regulations may incorporate material by reference, or

"Rules can include other information by referencing it, like a book, without copying it all in."

Next

106: Savings and transitional provisions, or

"Rules to help change from old to new laws"

Part 1BPermits, access to land, and other matters
Offences and miscellaneous: Regulations

105DRequirement to consult on proposal to incorporate material by reference

  1. Before regulations incorporating material by reference are made under section 105 or 105A, the chief executive must—

  2. make copies of the material proposed to be incorporated by reference (the proposed material) available for inspection during working hours for a reasonable period, free of charge, at the head office of the department responsible for the administration of this Act (the administering department) and at any other place that the chief executive determines is appropriate; and
    1. state where copies of the proposed material are available for purchase; and
      1. make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and
        1. give notice in the Gazette stating—
          1. that the proposed material is available for inspection during working hours, free of charge, and stating the places 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 stating the places at which they can be purchased; and
              1. if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and
              2. allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
                1. consider any comments made.

                  1. The chief executive—

                  2. may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and
                    1. must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and giving details of where or how it can be accessed or obtained.

                      1. The chief executive may comply with subsection (1)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administrating department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.

                      2. A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 105C.

                      3. For the purposes of subsection (1)(c), a chief executive may not rely on section 66 of the Copyright Act 1994 as authority to make the proposed material available on an Internet site.

                      4. Nothing in this section applies to material proposed to be incorporated by reference described in section 105C(1)(a).

                      5. In this section, proposed material means—

                      6. the material itself:
                        1. an accurate translation in an official New Zealand language of the material, if the material is not in an official New Zealand language.

                          Notes
                          • Section 105D: inserted, on , by section 58 of the Crown Minerals Amendment Act 2013 (2013 No 14).