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Civil Aviation Act 2023

Regulations and miscellaneous provisions - Regulations - Incorporation of material by reference in secondary legislation

428: Incorporation by reference in secondary legislation

You could also call this:

"Using rules from other sources in aviation laws"

Illustration for Civil Aviation Act 2023

When laws are made under the Civil Aviation Act 2023, they can include information from other sources. You can include standards or rules from international aviation organisations or other countries. You can also include rules from organisations in New Zealand, like the Standards Council.

If a document is too big to include in the law, you can still use it if the Minister or Director thinks it is necessary. They must make sure a copy of the document is kept and certified as correct.

The Legislation Act 2019 has rules about how to use documents that are included by reference. You can find these rules at the Legislation Act 2019 website. The rules say what happens when the included documents are changed.

Normally, when a document is changed, the change does not automatically become part of the law. But in this case, the change becomes part of the law right away, unless the law says otherwise. You can read more about this in section 66 of the Legislation Act 2019.

Some parts of the Legislation Act 2019 do not apply to laws made under the Civil Aviation Act 2023. You can find out which parts do not apply by reading Schedule 2 of the Legislation Act 2019. The rest of Schedule 2 does apply, but it uses different words to refer to the Minister or Director.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS642869.

Topics:
Transport and travel > Air travel
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Part 10Regulations and miscellaneous provisions
Regulations: Incorporation of material by reference in secondary legislation

428Incorporation by reference in secondary legislation

  1. The following, whether in written or electronic form, may be incorporated by reference in secondary legislation made under this Act:

  2. any standards, requirements, or recommended practices of international aviation organisations:
    1. any standards, requirements, or rules—
      1. prescribed under law by any other contracting State of ICAO:
        1. of the Standards Council, or a body or an organisation outside New Zealand that has functions corresponding to the functions of the Standards Council:
          1. of any aviation sport or aviation recreation organisation:
          2. any other material or document that, in the opinion of the following person, is too large or impractical to print as part of the secondary legislation:
            1. in the case of the Minister making a rule, the Minister; and
              1. in the case of the Director making a rule, the Director; and
                1. in the case of an Order in Council made on the recommendation of the Minister, the Minister.

                2. A copy of any material incorporated by reference in secondary legislation, including any amendment to, or replacement of, the material, must be—

                3. certified as a correct copy of the material by the Secretary or the Director (as the case may be); and
                  1. retained by the Director.

                    1. The Legislation Act 2019 applies (as modified by this section) as if the material were incorporated in reliance on section 64 of that Act.

                    2. Unless otherwise provided in the secondary legislation,—

                    3. section 66 of the Legislation Act 2019 (effect of amendments to material incorporated by reference) does not apply; and
                      1. any amendment (within the meaning of that section) of that material has immediate legal effect as part of the secondary legislation that incorporates it.

                        1. Clauses 1 and 4(1) of Schedule 2 of the Legislation Act 2019 do not apply.

                        2. The rest of that Schedule 2 applies as if references to the chief executive of the administering agency were references,—

                        3. in the case of the Minister making a rule, to the Minister; and
                          1. in the case of the Director making a rule, to the Director; and
                            1. in the case of an Order in Council made on the recommendation of the Minister, to the Minister.