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Animal Products Act 1999

Miscellaneous provisions - Regulations, notices, etc

168A: Availability and proof of material incorporated by reference

You could also call this:

"Getting a copy of extra information mentioned in a document"

When material is included in a document by reference under section 168, you need to get a copy of it. The Director-General must certify this copy is correct and keep it. The Director-General must make this material available for you to look at for free at their office and on the internet. You can also get a copy of the material from the Director-General, either by buying it at a reasonable price or by getting told where to get it from.

If the material is already on another website, the Director-General can just provide a link to it instead of putting it on their own website. The Director-General does not have to make the material available if it would break copyright rules or go against other laws. If someone shows you a certified copy of the material in a court case, it is enough proof that the material is part of the document, unless someone can show that it is not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS19777.

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Part 11Miscellaneous provisions
Regulations, notices, etc

168AAvailability and proof of material incorporated by reference

  1. If material (other than a standard work of reference) is incorporated by reference in an instrument under section 168, a copy of the material and any amendment to the material must be—

  2. certified as a correct copy of the material by the Director-General; and
    1. retained by the Director-General.

      1. The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the instrument of that material.

      2. The Director-General must—

      3. make copies of all material incorporated in an instrument by reference available for inspection, free of charge, at the head office of the Ministry and at other places that the Director-General determines are appropriate; and
        1. make copies of the material available, free of charge, on an Internet site maintained by or on behalf of the Ministry; and
          1. either make copies of the material available for purchase, at reasonable cost, or advise where copies of the material may be obtained.

            1. The Director-General may comply with subsection (3)(b) by providing a hypertext link from an Internet site maintained by or on behalf of the Ministry to a copy of the material that is available, free of charge, on an Internet site maintained by or on behalf of someone else.

            2. The Director-General is not required to comply with subsection (3)(b) or (c) if doing so would infringe copyright in the material or be inconsistent with any other enactment or rule of law.

            Notes
            • Section 168A: inserted, on , by section 166 of the Food Safety Law Reform Act 2018 (2018 No 3).