Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010

9 New section 36 substituted
  • Section 36 is repealed and the following section substituted:

    36 Incorporation 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 Director:

      • (a) any standards, requirements, or recommended practices of international aviation organisations:

      • (b) any standards, requirements, or rules—

        • (i) prescribed under law by any other contracting State of ICAO:

        • (ii) of the Standards Council, or a body or organisation outside New Zealand that has functions corresponding to the functions of the Standards Council:

        • (iii) of any aviation sport or aviation recreation organisation:

      • (c) any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.

      (2) Material may be incorporated by reference in a rule—

      • (a) in whole or in part; and

      • (b) with modifications, additions, or variations specified in the rule.

      (3) A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—

      • (a) certified as a correct copy of the material by the Minister or the Director (as the case may be); and

      • (b) retained by the Director.

      (4) 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.

      (5) The Director must give notice in the Gazette stating—

      • (a) that the material is incorporated in the rule and the date on which the rule was made; and

      • (b) that the material is available for inspection during working hours, free of charge; and

      • (c) the place where the material can be inspected; and

      • (d) that copies of the material can be purchased; and

      • (e) the place where the material can be purchased; and

      • (f) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

      (6) All material incorporated by reference under subsection (1) or (2) must be made available at the Civil Aviation Registry for inspection by the public free of charge.

      (7) The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.

      (8) Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.

      (9) Subsections (1) to (8) do not affect the application of sections 22 to 25 of the Standards Act 1988.