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Land Transport Act 1998

Land transport secondary legislation - General provisions concerning making of rules

165: Incorporation by reference

You could also call this:

"Using rules from other sources in our laws"

Illustration for Land Transport Act 1998

When rules are made, they can include information from other sources. You can find this information in written or electronic form. It can be from New Zealand or another country. The information can be from organisations like the NZ Standards Organisation. It can also be from specialist groups, public or private. Sometimes the information is too big to be printed with the rules. The Agency must make this information available for you to see. You can look at it for free during working hours. The Agency will also say where you can buy a copy of the information. You can find more details about this on the Agency's Internet site. If the information is changed, the Agency will update it. You can still see the old information if you need to. Some laws, like Part 3 of the Legislation Act 2019, do not apply to this information. Other laws, like section 114 of the Legislation Act 2019, do not require this information to be presented to the House of Representatives. The Agency must follow other laws, like sections 29 to 32 of the Standards and Accreditation Act 2015, when dealing with this information. This means the Agency has to do certain things when making rules. You can see the information that is included in the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435403.

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Part 11Land 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).