New Zealand Acts

LEGISLATION ACT 2019 - SECT 64

64 Power for secondary legislation to incorporate material by reference

1 This section is sufficient authority for secondary legislation to incorporate 1 or more of the following by reference:

a) a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:

b) a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:

c) any other written material that deals with technical matters if it is reasonable to consider that—

i) it is impracticable to include the material in the secondary legislation; or

ii) the material is so large that including it in the secondary legislation will prevent persons to whom the law applies from using or understanding the secondary legislation with reasonable ease.

2 For the purposes of this section, secondary legislation incorporates material by reference if the secondary legislation does 1 or more of the following:

a) incorporates the material in whole or in part, and with or without modification:

b) incorporates amendments to which section 66 applies.

3 Material incorporated by reference in reliance on this section has legal effect as part of the legislation that incorporates the material.

4 This provision applies in addition to, and does not limit, any of the following:

a) any other power in legislation to incorporate material by reference (for example, sections 29 to 32 of the Standards and Accreditation Act 2015 ):

b) the ability of legislation to refer to or incorporate other legislation:

c) any rule of law.

Note: 2012 No 119 ss 49, 57