52 Access to material incorporated by reference

(1)

This section applies if an instrument incorporating material by reference in reliance on section 49 is made.

(2)

The chief executive must—

(a)

make the material (the incorporated material) available for inspection during working hours free of charge at the inspection sites; and

(b)

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

(c)

make copies of the incorporated 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 incorporated material is incorporated in the instrument and stating the date on which the instrument was made; and

(ii)

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

(iii)

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

(iv)

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

(3)

The chief executive—

(a)

may make copies of the incorporated 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 incorporated material is available in other ways and giving details of where or how it can be accessed or obtained.

(4)

The chief executive may comply with subsection (2)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administering department to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.

(5)

The references in this section to material are to—

(a)

material incorporated by reference in the instrument; and

(b)

if the material is not in an official New Zealand language, the material itself together with an accurate translation in an official New Zealand language of the material.

(6)

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

(7)

For the purposes of subsection (2)(c), a chief executive may not rely on section 66 of the Copyright Act 1994 as authority to make the incorporated material available on an Internet site.