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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:

"Using other documents as part of the Building Act 2004 rules"

When you read about the Building Act 2004, you might see that some material is incorporated by reference into certain instruments. This means that the material is included in the instrument, but it is not written out in full. The material that can be incorporated by reference includes standards, requirements, or recommended practices of national or international organisations. It also includes any other written material that is too large or impractical to include in the instrument. You can incorporate this material in whole or in part, and you can also make modifications, additions, or variations to it. The incorporated material is the version that exists at the time the instrument is made or issued, and it forms part of the instrument for all purposes.

In this context, an instrument can mean many things, such as regulations, acceptable solutions or verification methods, building product specifications, or Orders in Council made under certain sections of the Act, like section 9A, 9B, 41, or 285. It can also mean the EPB methodology set under section 133AV, or product certification scheme rules made under section 272E, or modular component manufacturer certification scheme rules made under section 272ZG. You can find more information about instruments in sections 406 to 413.

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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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Part 5Miscellaneous 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 building product specifications; 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)(ba): inserted, on , by section 17 of the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Act 2025 (2025 No 19).
                            • 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).