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Building Act 2004

Miscellaneous provisions - Miscellaneous - Incorporation of material by reference

405: Incorporation of material by reference into certain instruments, solutions, and methods

You could also call this:

“This law explains how important information from other sources can be included in building rules and guidelines.”

You can include certain materials in documents called instruments. These materials can be standards or practices from national or international organisations, or other written information that is too big to put directly into the instrument.

When you include these materials, you can use all or part of them. You can also change them a bit if you need to. The materials become part of the instrument when it’s made, and they have the same legal power as the rest of the instrument.

An instrument can be different things. It can be rules, solutions, or ways to check things in building. It can also be special orders made by the government about buildings. There are also special rules for earthquake-prone buildings, product certification, and modular component manufacturers.

When you include materials in an instrument, they become part of it and have the same legal power as the rest of the instrument. This helps make sure that important information is included without making the instrument too long or complicated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309074.

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

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Part 5 Miscellaneous provisions
Miscellaneous: Incorporation of material by reference

405Incorporation of material by reference into certain instruments, solutions, and methods

  1. The following material may be incorporated by reference into any instrument:

  2. standards, requirements, or recommended practices of national or international organisations:
    1. any other written material that, in the opinion of the Minister or, as appropriate, the chief executive, is too large or is impractical to include in, or print as part of, the instrument concerned.

      1. Material may be incorporated by reference in an instrument—

      2. in whole or in part; and
        1. with modifications, additions, or variations specified in the instrument.

          1. The incorporated material—

          2. is the material as it exists at the time that the instrument is made or issued; and
            1. forms part of the instrument for all purposes and has legal effect accordingly.

              1. In this section and in sections 406 to 413, instrument means—

              2. any regulations; and
                1. any acceptable solution or verification method; and
                  1. any Order in Council made under section 9A, 9B, 41, or 285; and
                    1. the EPB methodology set under section 133AV; and
                      1. product certification scheme rules made under section 272E; and
                        1. modular component manufacturer certification scheme rules made under section 272ZG.

                          Notes
                          • Section 405 heading: amended, on , by section 40(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                          • Section 405(1): amended, on , by section 88(2) of the Building Amendment Act 2008 (2008 No 4).
                          • Section 405(4): inserted, on , by section 88(3) of the Building Amendment Act 2008 (2008 No 4).
                          • Section 405(4)(b): replaced, on , by section 68(2) of the Building Amendment Act 2013 (2013 No 100).
                          • Section 405(4)(c): amended, on , by section 97(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 405(4)(c): amended, on , by section 40(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                          • Section 405(4)(d): inserted, on , by section 40(3) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                          • Section 405(4)(e): inserted, on , by section 97(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 405(4)(f): inserted, on , by section 97(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).