51 Requirement to consult on proposal to incorporate material by reference

(1)

Before an instrument incorporating material by reference in reliance on section 49 is made, the chief executive must—

(a)

make copies of the material proposed to be incorporated by reference (the proposed material) available for inspection during working hours for a reasonable period, free of charge, at the inspection sites; and

(b)

state where copies of the proposed material are available for purchase; and

(c)

make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and

(d)

give notice in the Gazette stating—

(i)

that the proposed material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected and the period during which it can be inspected; and

(ii)

that copies of the proposed material can be purchased and stating the places at which they can be purchased; and

(iii)

if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and

(e)

allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and

(f)

consider any comments made.

(2)

The chief executive—

(a)

may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and

(b)

must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and giving details of where or how it can be accessed or obtained.

(3)

The chief executive may comply with subsection (1)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.

(4)

The references in this section to material include, if the material is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.

(5)

A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 49.

(6)

For the purposes of subsection (1)(c), a chief executive may not rely on section 66 of the Copyright Act 1994 as authority to make the proposed material available on an Internet site.