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Building Act 2004

Miscellaneous provisions - Miscellaneous - Incorporation of material by reference

407: Proof of material incorporated by reference

You could also call this:

“Explains how to prove that outside information is officially part of a rule”

When information is included in a legal document by reference, you need to have proof that it’s the correct information. To do this, the Minister or the chief executive must make an official copy of the information. They need to confirm that it’s correct and keep it safe.

If there’s ever a question about whether the information was really included in the legal document, showing this official copy in court is usually enough to prove it. This is true unless someone can show evidence that the copy isn’t correct.

This rule applies to any information that’s included by reference, even if it’s been changed or replaced since it was first included.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309076.

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

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

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408: Effect of expiry of material incorporated by reference, or

“When rules that use outside information end, someone important has to say if that information still counts.”

Part 5 Miscellaneous provisions
Miscellaneous: Incorporation of material by reference

407Proof of material incorporated by reference

  1. A copy of material incorporated by reference in an instrument, including any amendment to, or replacement of, the material (material), must be—

  2. certified as a correct copy of the material by the Minister or, as appropriate, the chief executive; and
    1. retained by the Minister or, as appropriate, the chief executive.

      1. The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the instrument of the material.