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Building Act 2004

Miscellaneous provisions - Miscellaneous - Incorporation of material by reference

409: Requirement to consult

You could also call this:

“The law says the government must ask people what they think before adding new information to the rules.”

This section of the law talks about what needs to happen before new rules are added to existing laws or rules. You need to know about this if you’re the Minister or the chief executive and you want to add new information to the laws.

If you want to do this, you have to let people see the new information first. You need to make copies of it available for free at the Ministry’s office in Wellington. People should be able to look at it during work hours for a reasonable amount of time.

You also need to sell copies of the new information at a fair price at the same office. Then, you have to tell everyone about it in the Gazette (which is like a special government newspaper). You need to say where people can see the information for free and where they can buy it.

You should give people a chance to share what they think about the new information. You need to listen to what they say and think about it.

If you want, you can also share the new information in other ways, like on a website. If you do this, you need to tell people about it in the Gazette too.

If the new information isn’t in English or te reo Māori, you need to make sure there’s a good translation in one of these languages.

Even if you forget to do all of this, the new information can still become part of the law. But it’s important to try to follow these steps to make sure everyone has a chance to understand the new rules.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309078.

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Part 5 Miscellaneous provisions
Miscellaneous: Incorporation of material by reference

409Requirement to consult

  1. This section applies if—

  2. the Minister proposes to make a recommendation for—
    1. secondary legislation to be made under this Act that incorporates material by reference; or
      1. secondary legislation under section 406(c)(i) that states that an amendment to, or replacement of, material incorporated by reference in secondary legislation has legal effect as part of the secondary legislation; or
      2. the chief executive proposes to—
        1. issue any other instrument that incorporates material by reference; or
          1. publish, under section 406(c)(ii), a notice in the Gazette that adopts an amendment to, or replacement of, material incorporated by reference in any other instrument.

          2. Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the chief executive must—

          3. make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference (proposed material) available for inspection during working hours for a reasonable period, free of charge, at the Ministry's office in Wellington; and
            1. make copies of the proposed material available for purchase at a reasonable price at the Ministry's office in Wellington; and
                1. give notice in the Gazette stating that—
                  1. the proposed material is available for inspection during working hours, free of charge, the place at which it can be inspected, and the period during which it can be inspected; and
                    1. copies of the proposed material can be purchased and the place at which they can be purchased; and
                      2. allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
                        1. consider any comments they make.

                          1. Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the chief executive—

                          2. may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and
                            1. must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and details of where or how it can be accessed or obtained.

                              1. The reference in subsections (2) and (2A) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material.

                              2. A failure to comply with this section does not invalidate an instrument that incorporates material by reference.

                              Notes
                              • Section 409(1): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 409(2)(c): repealed, on , by section 24(1)(a) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 409(2)(d)(iii): repealed, on , by section 24(1)(b) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 409(2A): inserted, on , by section 24(2) of the Building Amendment Act 2005 (2005 No 31).
                              • Section 409(3): amended, on , by section 24(3) of the Building Amendment Act 2005 (2005 No 31).