Food Act 2014

Consequential provisions

Schedule 6: Material incorporated by reference

You could also call this:

"Important rules and information from other documents that are part of the Food Act 2014"

The Food Act 2014 has a schedule that talks about material incorporated by reference. This means that some information is included in the act by referring to other documents. You can think of it like a book that says "see this other book for more information". The act says what kind of material can be incorporated by reference, like standards or recommended practices from other countries. It also explains how this material can be changed or updated, and how people can access it.

When material is incorporated by reference, it becomes part of the act. If the material is changed, the change only applies to the act if a new document says so. You can access the incorporated material in different ways, like inspecting it for free or buying a copy. The chief executive must make sure people can access the material and give them a chance to comment on any changes.

Some rules about legislation do not apply to material incorporated by reference. The act also says that if the chief executive does not follow the rules for incorporating material by reference, it does not make the document invalid. You can find more information about the rules for incorporating material by reference in section 444 and other parts of the act, like section 400 and section 445.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996870.

Topics:

Health and wellbeing > Food and water safetyBusiness > Industry rules

Schedule 5: Public registers, or

"Lists of food businesses and what they do, available for you to look at"

Schedule 7: Consequential amendments, repeals, and revocations, or

"Changes to other laws and rules to update New Zealand's food laws"

6Material incorporated by reference Empowered by ss 3(12), 444

1Interpretation

In this schedule,—
material means written material that is 1 or more of the following:
1. a standard, requirement, or recommended practice of an international or a national organisation:
2. a standard, requirement, or recommended practice prescribed in any country or jurisdiction, or by any group of countries:
3. any other written material that deals with technical matters and is, in the opinion of the chief executive, too large or impractical to include in, or print as part of, the specified document
specified document means any of the documents specified in section 444.

2Incorporation of material by reference in specified documents

Material may be incorporated by reference in a specified document—
in whole or in part; and
with modifications set out in the specified document.

Material that is incorporated by reference in a specified document has legal effect as part of the specified document.

3Effect of amendments to, or replacement of, material incorporated by reference

An amendment to, or a replacement of, material (other than a standard work of reference to which section 445 applies) that is incorporated by reference in a specified document (the original document) has legal effect as part of the original document only if a specified document made after the making of the original document states that the particular amendment or replacement has that effect.
If the specified document is an adopted joint food standard, subclause (1) applies as if the second reference in that subclause to a specified document were a reference to the relevant instrument under section 400.

Notes

Schedule 6 clause 3(2): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

4Amendments to, or replacement of, material incorporated by reference to be of same general character as original material

A specified document may not state that an amendment to, or replacement of, material that is incorporated by reference in the specified document (the original document) has effect as part of the original document unless the amendment or replacement material is of the same general character as the material amended or replaced.
If the specified document is an adopted joint food standard, subclause (1) applies as if the first reference in that subclause to a specified document were a reference to the relevant instrument under section 400.

Notes

Schedule 6 clause 4(2): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

5Proof of material incorporated by reference

A copy of material that is incorporated by reference in a specified document, including any amendment to, or replacement of, that material, must be—
certified as a correct copy of the material by the chief executive; and
retained by the chief executive.

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 specified document of that material.
Subclauses (1) and (2) do not apply to an adopted joint food standard or a standard work of reference (as defined in section 445(4)).

Notes

Schedule 6 clause 5(3): amended, on 2 March 2018, by section 55(1) of the Food Safety Law Reform Act 2018 (2018 No 3).

6Effect of expiry of material incorporated by reference

Material that is incorporated by reference in a specified document (the original document) that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the original document only if a specified document made after the making of the original document states that the material ceases to have legal effect.
If the specified document is an adopted joint food standard, subclause (1) applies as if the second reference in that subclause to a specified document were a reference to the relevant instrument under section 400.

Notes

Schedule 6 clause 6(2): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

7Requirement to consult on proposal to incorporate material by reference

This clause applies to—
a specified document that incorporates material by reference; and
a specified document that states that an amendment to, or a replacement of, material that is incorporated by reference in the specified document has legal effect as part of the specified document.

Before a specified document to which this section applies is made, the chief executive must—
make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material that is 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 Ministry and any other places that the chief executive may, at his or her discretion, determine are appropriate (the inspection sites); and
make copies of the proposed material available for purchase at a reasonable price at the inspection sites, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and
make copies of the proposed material available free of charge on an Internet site maintained by or on behalf of the Ministry, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and
give notice in the Gazette, or by any other means that the chief executive may, at his or her discretion, determine are appropriate, stating that—
1. the proposed material is available for inspection during working hours, free of charge, the places at which it can be inspected, and the period during which it can be inspected; and
2. copies of the proposed material can be purchased and the places at which they can be purchased; and
3. if applicable, the proposed material is available on the Internet, free of charge, and giving the Internet site address; and
allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
consider any comments made.

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

The chief executive may comply with subclause (2)(c) by providing a hypertext link from an Internet site maintained by or on behalf of the Ministry 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.
The references in subclauses (2) and (3) to the proposed material include, if the material 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.
A failure to comply with this clause does not invalidate the specified document that incorporates material by reference.
Subclauses (1) to (6) do not apply to an adopted joint food standard.

8Access to material incorporated by reference

The chief executive must—
make the material referred to in subclause (4) (the incorporated material) available for inspection during working hours free of charge at the inspection sites; and
make copies of the incorporated material available for purchase at a reasonable price at the inspection sites, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and
make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Ministry, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and
give notice in the Gazette, or by any other means that the chief executive may, at his or her discretion, determine are appropriate, stating that—
1. the incorporated material is incorporated in the specified document and the date on which the specified document was made; and
2. the incorporated material is available for inspection during working hours, free of charge, and the places at which it can be inspected; and
3. copies of the incorporated material can be purchased and the places at which they can be purchased; and
4. if applicable, the incorporated material is available on the Internet, free of charge, and giving the Internet site address.

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

The chief executive may comply with subclause (1)(c) by providing a hypertext link from an Internet site maintained by or on behalf of the Ministry to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
The material is—
material incorporated by reference in a specified document:
any amendment to, or replacement of, that material that is incorporated in the specified document or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
if the material referred to in paragraph (a) or (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.

A failure to comply with this clause does not invalidate the specified document that incorporates material by reference.
Subclause (1)(d) does not apply to an adopted joint food standard.

9Application of Legislation Act 2019 to material incorporated by reference

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

Notes

Schedule 6 clause 9: replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).