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Planning Bill

Foundations - National instruments - National instruments

51: Incorporation of material by reference in national instrument

You could also call this:

"Using other documents in planning rules without copying them in"

Illustration for Planning Bill

You can include other material in a national instrument by referencing it, following the rules in section 64 of the Legislation Act 2019. When this happens, the rules about consultation do not apply. If the material is changed after the national instrument is made, certain rules apply. If a national instrument includes material by reference and that material is amended, the changes will be part of the national instrument. However, this only happens if the Minister publishes a notice saying the changes are part of the national instrument and specifies when they start. The notice must follow the publication rules in Part 3 of the Legislation Act 2019. The national instrument can say that these rules do not apply, and in that case, they will not. You can find more information about publication requirements in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1512120.

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Part 2Foundations
National instruments: National instruments

51Incorporation of material by reference in national instrument

  1. Material may be incorporated by reference into a national instrument in accordance with section 64 of the Legislation Act 2019, but clause 1 of Schedule 2 of that Act (which is about consultation) does not apply.

  2. Subsection (4) applies if—

  3. a national instrument incorporates material by reference; and
    1. the material is amended (within the meaning of section 66(3) of the Legislation Act 2019) by the originator of the material after the national instrument is made.

      1. However, subsection (4) does not apply if the national instrument expressly states that it does not apply.

      2. Despite section 66(2) of the Legislation Act 2019, the amendments referred to in subsection (2)(b) have effect as part of the national instrument only if the Minister publishes a notice that—

      3. states that the amendments have effect as part of the national instrument; and
        1. specifies the date on which the amendments have effect.

          1. A notice under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).