Health Act 1956

Miscellaneous provisions

137D: Effect of expiry of material incorporated by reference

You could also call this:

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

If material is included in the Health Act by reference and it expires or is revoked, it stops being part of the Act only if the Minister or the Director-General says so in a notice. You can find out more about what a notice is by looking at the Legislation Act 2019. This notice is like a special kind of law, but if the material is part of a compliance document, the Director-General must publish the notice in the Gazette.

If the material is included in a compliance document and expires or is revoked, the Director-General will let you know by publishing a notice in the Gazette. The notice will say that the material is no longer part of the Act. You can think of the Gazette like an official newspaper where important notices are published.

When the Minister or the Director-General publishes a notice, it is usually considered secondary legislation, which means it is a type of law that is made under another law. You can learn more about secondary legislation by reading Part 3 of the Legislation Act 2019. This will help you understand how notices work and how they are published.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1412381.


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


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Part 7Miscellaneous provisions

137DEffect of expiry of material incorporated by reference

  1. Material incorporated by reference in this Act or an instrument that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the Act or the instrument only if the Minister or, as appropriate, the Director-General, by notice, states that the material ceases to have legal effect.

  2. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the material is incorporated by reference in a compliance document.

  3. If the material is incorporated by reference in a compliance document, the Director-General must publish the notice in the Gazette.

Notes
  • Section 137D: inserted, on , by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
  • Section 137D(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 137D(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 137D(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).