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Building Act 2004

Miscellaneous provisions - Miscellaneous - Incorporation of material by reference

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

You could also call this:

“Changes to included materials only count if they're official and similar, and if the government says so.”

When someone changes or replaces material that’s part of a rule or law, those changes don’t automatically become part of the rule. For the changes to count, a few things need to happen. First, the person or group who made the original material must make the changes. Second, the new or changed material needs to be similar to what it’s replacing. Third, there are two ways to make the changes official:

If the material is part of a law called secondary legislation, another law needs to be made saying the changes are now part of it.

For other types of rules, the person in charge (called the chief executive) needs to say in a special newspaper called the Gazette that they’re using the new or changed material.

Remember, these rules are about making sure changes to important information are done properly and officially.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309075.

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Part 5 Miscellaneous provisions
Miscellaneous: Incorporation of material by reference

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

  1. An amendment to, or replacement of, material incorporated by reference in an instrument has legal effect as part of the instrument only if—

  2. the amendment or replacement material is made by the person or organisation originating the incorporated material; and
    1. the amendment or replacement material is of the same general character as the material amended or replaced; and
      1. either,—
        1. in the case of material incorporated in an instrument that is secondary legislation, further secondary legislation is made that states that the particular amendment or replacement has that effect; or
          1. in the case of material incorporated in any other instrument, the chief executive, by notice in the Gazette, adopts the amendment or replacement.

          Notes
          • Section 406(c)(i): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 406(c)(ii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).