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Biosecurity Act 1993

Administrative provisions - Incorporation by reference

142N: Requirement to consult on proposal to incorporate material

You could also call this:

"Telling people about new information added to biosecurity documents"

When someone wants to add new information to a biosecurity document, you need to know about it. The people in charge must make this information available for you to read. They can do this by making it available at certain sites, on the internet, or by providing a link to another website where you can find it.

If the information is not in a language you understand, the people in charge must also provide a translation. They must tell you about the new information in the Gazette and let you comment on it. They must also think about what you say.

If the information is a book or document, the people in charge must use the latest version. If it is a special list, they must use the version that is available at the time. Not following these rules does not mean the biosecurity document is invalid.

You can find more information about what kind of material can be added to a biosecurity document in section 142M(1)(e), section 142M(1)(f), or section 142M(1)(g).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759434.

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142M: Incorporation in biosecurity documents, or

"What it means for other information to be included in biosecurity documents"

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142O: Effect of amendments to, or replacement of, material incorporated, or

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Part 6Administrative provisions
Incorporation by reference

142NRequirement to consult on proposal to incorporate material

  1. This section applies if it is proposed to incorporate material in a biosecurity document.

  2. The responsible body must make the material available in 1 or more of the following ways:

  3. making it available for reading free of charge during working hours at the inspection sites:
    1. making it available for reading free of charge in any other way determined by the responsible body:
      1. making it available free of charge—
        1. on an Internet site maintained by or on behalf of the responsible body:
          1. by providing a hypertext link from an Internet site maintained by or on behalf of the responsible body to an Internet site maintained by or on behalf of someone else where the material is available free of charge:
          2. making copies of the material available for purchase.

            1. If the material is not in an official New Zealand language, an accurate translation of the material into an official New Zealand language must also be available in each of the circumstances described in subsection (2).

            2. The responsible body must—

            3. give notice in the Gazette stating that—
              1. the material is proposed for incorporation in a biosecurity document; and
                1. the material is available in the way or ways in which the responsible body has made it available; and
                  1. public comment on the proposal to incorporate the material may be made to the responsible body; and
                  2. allow a reasonable opportunity for the public to comment on the proposal; and
                    1. consider any comments made.

                      1. If the material is material as described in section 142M(1)(e), the latest edition of the work available at the time of reading, together with any changes made to it up to that time, must be used.

                      2. If the material is material as described in section 142M(1)(f), the specific edition must be used.

                      3. If the material is material as described in section 142M(1)(g), the version of the register available at the time of reading must be used.

                      4. Failure to comply with this section does not invalidate a biosecurity document that incorporates material.

                      Notes
                      • Section 142N: inserted, on , by section 59 of the Biosecurity Law Reform Act 2012 (2012 No 73).