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Natural Environment Bill

Foundations - National instruments - National instruments

75: Incorporation of material by reference in national instrument

You could also call this:

"Using rules from other sources in national laws"

Illustration for Natural Environment Bill

If a national instrument includes material from another source, it must follow the rules in section 64 of the Legislation Act 2019. You need to know that the part about consulting people does not apply. The rules change if the material is amended after the national instrument is made. If the material is amended, the changes only apply to the national instrument if the Minister publishes a notice. This notice must say the changes apply and when they start. The notice is a type of law called secondary legislation. The Minister's notice has to follow the publication rules in Part 3 of the Legislation Act 2019. You can find more information about this in the Legislation Act 2019. The national instrument can also say that these rules do not apply to it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1547230.

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Part 2Foundations
National instruments: National instruments

75Incorporation 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 (1)(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).