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Health and Disability Commissioner Act 1994

Miscellaneous provisions - Regulations

75: Where regulations made against or without advice of Commissioner

You could also call this:

"What happens when rules are made without the Health and Disability Commissioner's advice or are different from their suggestion"

Illustration for Health and Disability Commissioner Act 1994

If regulations are made under section 74(1) and they are different from what the Commissioner suggested, or if the Commissioner did not make a suggestion, then this section applies to you. You need to know that the Minister has to explain why the regulations are different or why they were made without the Commissioner's suggestion. The Minister must give this explanation to the House of Representatives within 12 sitting days of making the regulations.

The Minister's explanation must include the ways in which the regulations differ from the Commissioner's suggestion, and the reasons for these differences. If the regulations were made without the Commissioner's suggestion, the Minister must explain why this happened. You can find more information about this in the regulations made under section 74(1).

The Minister's explanation is important because it helps you understand why certain decisions were made about the regulations. It also helps to make sure that the regulations are fair and reasonable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334172.

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Part 5Miscellaneous provisions
Regulations

75Where regulations made against or without advice of Commissioner

  1. This section applies where any regulations are made under section 74(1)—

  2. as a result of any draft Code, or any draft amendments to a Code, forwarded to the Minister by the Commissioner, where the regulations differ in any material respect (other than in matters of drafting style) from the draft so forwarded; or
    1. other than in accordance with, or in the absence of, a recommendation of the Commissioner.

      1. Where this section applies, the Minister shall, within 12 sitting days of the making of the regulations, lay before the House of Representatives a statement setting out the following matters:

      2. where paragraph (a) of subsection (1) applies,—
        1. the respects in which the regulations differ in a material respect (other than in matters of drafting style) from the draft forwarded by the Commissioner; and
          1. the reasons for the differences:
          2. where paragraph (b) of that subsection applies, the reasons why the regulations were made other than in accordance with, or in the absence of, a recommendation of the Commissioner.