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Health Act 1956

Miscellaneous provisions

137E: Requirement to consult

You could also call this:

"The government must show you planned changes and listen to your thoughts before making decisions."

If the Minister or the Director-General wants to make some changes, you need to know what they are planning. They might want to make new rules that include information from other places, or change some rules that already exist. The Minister or the Director-General must make the proposed changes available for you to look at. They have to put the changes in a place where you can see them for free, and also make copies available to buy. They must tell you where you can find the changes and how you can buy a copy.

The Minister or the Director-General must also give you a chance to comment on the proposed changes. They have to think about what you say before they make any decisions. They can also make the changes available in other ways, like on a website, and they must tell you how to access them.

If the changes are not in a language you understand, the Minister or the Director-General must provide a translation. If they do not follow these rules, it does not mean the changes are not valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1412382.

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

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137F: Access to material incorporated by reference, or

"Getting access to extra information mentioned in the Health Act"

Part 7Miscellaneous provisions

137ERequirement to consult

  1. This section applies if—

  2. the Minister proposes to make a recommendation for—
    1. regulations to be made under this Act that incorporate material by reference; or
      1. regulations under section 137B(c)(i) that state that an amendment to, or replacement of, material incorporated by reference in regulations has legal effect as part of the regulations; or
      2. the Director-General proposes to—
        1. issue a standard or other compliance document that incorporates material by reference; or
          1. publish, under section 137B(c)(ii), a notice in the Gazette that adopts an amendment to, or replacement of, material incorporated by reference in a standard or other compliance document.

          2. Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the Director-General must—

          3. make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference (proposed material) available for inspection during working hours for a reasonable period, free of charge, at the Ministry's office in Wellington; and
            1. make copies of the proposed material available for purchase at a reasonable price at the Ministry's office in Wellington; and
              1. give notice in the Gazette stating that—
                1. the proposed material is available for inspection during working hours, free of charge, the place at which it can be inspected, and the period during which it can be inspected; and
                  1. copies of the proposed material can be purchased and the place at which they can be purchased; 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 they make.

                      1. Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the Director-General—

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

                          1. The reference in subsections (2) and (3) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material.

                          2. A failure to comply with this section does not invalidate an instrument that incorporates material by reference.

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