Health Act 1956

National Cervical Screening Programme - Miscellaneous

112ZK: Requirement to consult

You could also call this:

"The government must talk to people and share new health rules before making them law."

When the government wants to make new rules about health, they must talk to people first. The Director-General must prepare the proposed standards in consultation with people they think are appropriate. They must also make the proposed standards available for you to look at.

The Director-General must make the proposed standards available for free at their office and other places. They must also make copies available for you to buy at a reasonable price. You can look at the proposed standards during working hours.

The Director-General must tell you in the Gazette that the proposed standards are available. They must say where and when you can look at them for free. They must also say where you can buy copies.

The Director-General must give you a chance to comment on the proposed standards. They must think about what you say. They can also make the proposed standards available on the internet.

If the Director-General does not follow these rules, it does not mean the new rules are not valid. You can still find the proposed standards in other ways if the Director-General chooses to make them available like that. They will tell you in the Gazette how to get them.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307967.

112ZJ: Effect of expiry or revocation of standards incorporated by reference, or

"What happens to old rules when they expire or are cancelled"

112ZL: Access to standards incorporated by reference, or

"Free access to health standards and rules during work hours"

Part 4ANational Cervical Screening Programme
Miscellaneous

112ZKRequirement to consult

This section applies to regulations made under section 112ZF(1)(g) that—
incorporate standards by reference; or
state that an amendment to, or replacement of, standards incorporated by reference in regulations has legal effect as part of the regulations.

Before regulations to which this section applies are made, the Director-General must—
prepare the standards proposed to be incorporated by reference or the proposed amendment to, or replacement of, standards incorporated by reference (proposed standards) in consultation with persons or organisations whom the Director-General considers appropriate, including persons who are able to represent the views of health practitioners, or of classes of health practitioner, who will be directly affected by the proposed standards; and
make copies of the proposed standards available for inspection during working hours for a reasonable period, free of charge, at the head office of the Ministry of Health and at any other places that the Director-General determines are appropriate; and
make copies of the proposed standards available for purchase at a reasonable price; and
give notice in the Gazette stating that—
1. the proposed standards are available for inspection during working hours free of charge, the place or places at which they can be inspected, and the period during which they can be inspected; and
2. copies of the proposed standards can be purchased and the place or places at which they can be purchased; and
allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed standards by reference; and
consider any comments they make.

Before regulations to which this section applies are made, the Director-General—
may make copies of the proposed standards available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and
must, if paragraph (a) applies, give notice in the Gazette stating that the proposed standards are available in other ways and details of where or how they can be accessed or obtained.

A failure to comply with this section does not invalidate regulations that incorporate standards by reference.

Notes

Section 112ZK: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
Section 112ZK(2)(d): repealed, on 14 April 2005, by section 3(1)(a) of the Health Amendment Act 2005 (2005 No 34).
Section 112ZK(2)(e)(iii): repealed, on 14 April 2005, by section 3(1)(b) of the Health Amendment Act 2005 (2005 No 34).
Section 112ZK(2A): inserted, on 14 April 2005, by section 3(2) of the Health Amendment Act 2005 (2005 No 34).