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Biosecurity Act 1993

Administrative provisions - Incorporation by reference

142R: Access to material incorporated

You could also call this:

"Getting access to extra information included in biosecurity documents"

When a biosecurity document includes other material, the people in charge must make that material available to you. They can do this by letting you read it for free during working hours at certain sites, or in other ways they decide. They can also put it on an Internet site for free, or provide a link to another site where you can access it for free.

If the material is not in a language used in New Zealand, the people in charge must also provide a translation. They must tell you in the Gazette that the material is part of the biosecurity document and how you can access it.

The people in charge can also sell you copies of the material. If they do not follow these rules, it does not mean the biosecurity document is not valid, as stated in the Biosecurity Law Reform Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759438.

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142Q: Effect of expiry of material incorporated, or

"What happens to old rules in biosecurity documents when they expire or are cancelled."

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142S: Effect of other enactments, or

"How other laws affect biosecurity rules and documents in New Zealand."

Part 6Administrative provisions
Incorporation by reference

142RAccess to material incorporated

  1. The responsible body must make material incorporated in a biosecurity document available in 1 or more of the following ways:

  2. 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 (1).

            2. The responsible body must give notice in the Gazette stating that—

            3. the material is incorporated in the biosecurity document; and
              1. the material is available in the way or ways in which the responsible body has made it available.

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

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