Health Act 1956

Miscellaneous provisions

137C: Proof of material incorporated by reference

You could also call this:

"Proving documents are correct when they're referred to in the Health Act"

When material is included in the Health Act 1956 or in an instrument by reference, you need to have a copy of it. This copy must be certified as correct by the Minister or the Director-General. The Minister or Director-General must keep this copy.

If someone shows a certified copy of the material in a proceeding, it is enough evidence that the material is part of the instrument, unless someone proves otherwise. You can find more information about this section in the Health (Drinking Water) Amendment Act 2007. This helps prove that the material is really part of the instrument.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1412379.


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137B: Effect of amendments to, or replacement of, material incorporated by reference, or

"How changes to referenced information affect the law"


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137D: Effect of expiry of material incorporated by reference, or

"What happens when rules referenced in the Health Act expire or are cancelled"

Part 7Miscellaneous provisions

137CProof of material incorporated by reference

  1. A copy of material incorporated by reference in this Act or in an instrument, including any amendment to, or replacement of, the material (material), must be—

  2. certified as a correct copy of the material by the Minister or, as appropriate, the Director-General; and
    1. retained by the Minister or, as appropriate, the Director-General.
      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 instrument of the material.

      Notes
      • Section 137C: inserted, on , by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).