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Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Provisions in respect of rules under this Act

452: Incorporation by reference

You could also call this:

"Rules can include information from other sources by referencing it, like citing a book in a school essay."

When rules are made under the Maritime Transport Act 1994, some information can be included by referencing other documents. This means the rules can include standards or requirements from other organisations, such as international or national groups. You can think of it like citing a book in a school essay, where you mention the book's information without copying the whole book.

The information that is incorporated by reference can be from various sources, including other countries' rules or standards from specialist bodies. It can also be documents that are too big to include in the rules themselves. This incorporated information is considered part of the rule and must be made available for you to look at.

If the incorporated information changes, the new version is automatically part of the rule, unless the rule says otherwise. The Authority must let you know where you can find the incorporated information and how to get a copy of it. They will put a notice in the Gazette and on their website with this information.

Some laws, like Part 3 of the Legislation Act 2019, do not apply to information incorporated by reference in the rules. Also, section 114 of the Legislation Act 2019 does not require this incorporated information to be presented to the House of Representatives. Other laws, like sections 29 to 32 of the Standards and Accreditation Act 2015, still apply to the incorporated information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338874.

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451: Further general provisions in respect of rules, or

"More rules to follow for ships and boats in New Zealand"

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452A: Regulations or rules may provide for transport instruments, or

"Rules can include special documents with transport information and rules"

Part 30Miscellaneous provisions applying to this Act generally
Provisions in respect of rules under this Act

452Incorporation by reference

  1. The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director:

  2. standards, requirements, or recommended practices of an international or national organisation:
    1. standards, requirements, or rules in force in any other jurisdiction:
      1. standards, requirements, or rules—
        1. of any classification society or similar organisation; or
          1. of any maritime sporting or maritime recreational organisation; or
            1. of the NZ Standards Organisation, or a body or organisation outside New Zealand that has functions corresponding to the functions of the NZ Standards Organisation; or
              1. of a specialist body or organisation:
              2. any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.

                1. Material may be incorporated by reference in a rule—

                2. in whole or in part; and
                  1. with modifications, additions, or variations specified in the rule.

                    1. A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—

                    2. certified as a correct copy of the material by the Minister or the Director (as the case may be); and
                      1. retained by the Authority.

                        1. Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule.

                        2. All material incorporated by reference under subsection (1) or (2) must be made available at the head office of the Authority for inspection by the public free of charge.

                        3. The Authority must give notice in the Gazette and on the Authority's Internet site stating—

                        4. that the material is incorporated in the rule and the date on which the rule was made; and
                          1. that the material is available for inspection during working hours, free of charge; and
                            1. the place where the material can be inspected; and
                              1. that copies of the material can be purchased; and
                                1. the place where, or the person from whom, the material can be purchased; and
                                  1. if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

                                    1. Part 3 of the Legislation Act 2019 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.

                                    2. Nothing in section 114 of the Legislation Act 2019 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.

                                    3. Subsections (1) to (8) do not affect the application of sections 29 to 32 of the Standards and Accreditation Act 2015.

                                    Compare
                                    Notes
                                    • Section 452: replaced, on , by section 82 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                    • Section 452(1)(c)(iii): amended, on , by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).
                                    • Section 452(5): amended, on , by section 38 of the Maritime Transport Amendment Act 2017 (2017 No 48).
                                    • Section 452(7): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                    • Section 452(8): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                    • Section 452(9): amended, on , by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).