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Land Transport Act 1998

Land transport secondary legislation - General provisions concerning making of rules

165: Incorporation by reference

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“Rules can include other documents by referring to them”

When the Minister, Governor-General, or the Agency makes a rule, they can include other documents by referring to them. This is called ‘incorporation by reference’. They can use documents from other countries, international organisations, or experts. They can use all or part of these documents and make changes to them.

When a document is used in a rule this way, it becomes part of the rule. If the original document changes, the rule might change too. The Agency must tell you on their website that they’ve used one of these documents. They also have to let you know where you can see it for free or buy a copy.

The Agency must keep a copy of any document they use in a rule. You can look at it for free at their office. Some parts of the law about how rules are made don’t apply to these documents. The people who make the rules don’t have to show these documents to Parliament.

These rules about using other documents in rules don’t change how the Standards and Accreditation Act 2015 works.

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Part 11 Land transport secondary legislation
General provisions concerning making of rules

165Incorporation 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 Agency:

  2. standards, requirements, or recommended practices of another State or an international organisation:
    1. standards, requirements, or rules 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:
      1. material formulated by a specialist public sector organisation or a specialist private sector organisation:
        1. any other material or document that, in the opinion of the Minister or the Agency (as the case may be), 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 Agency (as the case may be); and
                1. retained by the Agency.

                  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. The Agency must give notice on the Agency's Internet site stating—

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

                              2. 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.

                              3. 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.

                              4. Repealed

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

                              Compare
                              Notes
                              • Section 165: substituted, on , by section 86 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 165(1)(b): amended, on , by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).
                              • Section 165(1)(d): amended, on , by section 62 of the Statutes Amendment Act 2016 (2016 No 104).
                              • Section 165(7): replaced, on , by section 4 of the Legislation (Repeals and Amendments) Act 2019 (2019 No 59).
                              • Section 165(7): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 165(8): inserted, on , by section 4 of the Legislation (Repeals and Amendments) Act 2019 (2019 No 59).
                              • Section 165(8): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 165(8): repealed, on , by section 77(3) of the Legislation Act 2012 (2012 No 119).
                              • Section 165(9): amended, on , by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).