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Building Act 2004

Miscellaneous provisions - Miscellaneous - Incorporation of material by reference

410: Access to material incorporated by reference

You could also call this:

“Rules for finding and reading important building information that experts use to make decisions”

The chief executive must make certain materials available for you to see and buy. You can look at these materials for free during work hours at the Ministry’s office in Wellington. You can also buy copies of the materials at all Ministry offices.

Some specific materials about building construction, design, plumbing, accessibility, and energy efficiency must be available to view for free at all Ministry offices.

The chief executive might also share the materials in other ways, like on a website. They must tell everyone about these materials in the Gazette, which is like a special government newspaper. This notice will say what the materials are, when they were made official, and where you can find them.

If the materials are about product standards or testing, they don’t have to be available at all offices.

The materials include the original information, any changes made to it, and translations if the original isn’t in an official New Zealand language.

If the chief executive doesn’t follow these rules exactly, it doesn’t make the materials invalid or useless.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309083.

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Part 5 Miscellaneous provisions
Miscellaneous: Incorporation of material by reference

410Access to material incorporated by reference

  1. The chief executive—

  2. must make the material referred to in subsection (2) (material) available for inspection during working hours free of charge at the Ministry's office in Wellington; and
    1. must make copies of the material available for purchase at a reasonable price at all of the Ministry's offices; and
      1. must make so much of the material as relates to the following matters available for inspection during working hours, free of charge, at all of the Ministry's offices:
        1. the use of timber, concrete, concrete masonry, glass, and plaster coating in the construction of buildings; and
          1. the design of buildings using timber, concrete, concrete masonry, and steel; and
            1. plumbing installation; and
              1. access for persons with disabilities; and
                1. energy efficiency in buildings; and
                2. may make copies of the material available in any other way that the chief executive considers appropriate in the circumstances (for example, on an Internet website); and
                  1. must give notice in the Gazette stating that—
                    1. the material is incorporated in an instrument and the date on which the instrument was made; and
                      1. the material is available for inspection during working hours, free of charge, at the Ministry's office in Wellington and the location of that office; and
                        1. copies of the material can be purchased at all of the Ministry's offices and the location of those offices; and
                          1. the material referred to in paragraph (c) is available for inspection during working hours, free of charge, at all of the Ministry's offices and the location of those offices; and
                            1. if copies of the material are made available under paragraph (d), the material is available in other ways and details of where or how it can be accessed or obtained.

                            2. Subsection (1)(c) does not apply to any material that relates only to product standards or product testing standards.

                            3. The material is—

                            4. material incorporated by reference in an instrument:
                              1. any amendment to, or replacement of, that material that is incorporated in the instrument or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
                                1. if the material referred to in paragraph (a) or paragraph (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.

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

                                  Notes
                                  • Section 410(1): replaced, on , by section 25 of the Building Amendment Act 2005 (2005 No 31).
                                  • Section 410(1A): inserted, on , by section 25 of the Building Amendment Act 2005 (2005 No 31).