National Library Requirement (Electronic Documents) Notice 2006

Reprint
as at 2 September 2008

Crest

National Library Requirement (Electronic Documents) Notice 2006

(SR 2006/118)


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The National Library Requirement (Electronic Documents) Notice 2006 is administered by the National Library of New Zealand Te Puna Mātauranga o Aotearoa.


Pursuant to section 31 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003, the Minister Responsible for the National Library gives the following notice.

Notice

1 Title
  • This notice is the National Library Requirement (Electronic Documents) Notice 2006.

2 Commencement
  • This notice comes into force on the day that is 3 months after the date of its notification in the Gazette.

3 Interpretation
  • In this notice, unless the context otherwise requires,—

    off-line document means an electronic document that is not an Internet document, and includes an electronic document that is stored or used by means such as—

    • (a) magnetic media (for example, a floppy disk, hard drive, an audiotape, or a videotape):

    • (b) optical media:

    • (c) an electronic storage device (for example, a universal serial bus device (USB) or memory card)

    optical media includes—

    • (a) a compact disc (CD) and variants of a CD; and

    • (b) a digital versatile disc (DVD) and variants of a DVD

    publish means,—

    • (a) in the case of an off-line document, making the document publicly available by issuing copies of the public document to, or making copies of the public document available on request by, a member of the public, whether or not there is any restriction on the acquisition of the document by members of the public (as by payment of a price or fee); and

    • (b) in the case of an Internet document, making the document publicly available on the Internet, whether or not there is any restriction on access to the document.

4 Application of this notice
  • This notice applies to all classes of electronic documents in existence on, or coming into existence after, the date on which this notice comes into force and all publishers of those electronic documents.

5 Requirement to provide copies of off-line documents
  • Every publisher of an off-line document must, at the publisher’s own expense, give to the National Librarian, within 20 working days after the date when the document is first published, 1 or more copies of the document as follows:

    • (a) 2 copies of the medium or device that contains the document; or

    • (b) 1 copy of the medium or device that contains the document, if—

      • (i) the document is a single discrete item the price of which exceeds $1,000; or

      • (ii) the document is available for an annual subscription that exceeds $3,000.

6 Condition applying to requirement
  • If an off-line document is published in more than 1 language, the number of copies required by clause 5 must be given to the National Librarian in each language version.

7 Delivery of copies
  • The copies of documents required by clause 5 must be delivered by the publisher, at the publisher’s own expense, to the National Librarian at the Legal Deposit Office, National Library of New Zealand Te Puna Mātauranga o Aotearoa, PO Box 12 340, Wellington.

8 Authorisation to make copy of Internet document
  • The National Librarian is authorised to copy any Internet document.

9 Exemptions
  • (1) The Minister may, by notice in the Gazette, exempt an electronic document or a class of electronic documents from the provisions of this notice.

    (2) An exemption may only be granted if at least one of the following criteria is satisfied:

    • (a) the document has been created by an agent of the Government as a source of information for the purpose of transacting the business of Government; or

    • (b) the document is deposited in an archive established for the purpose of the long-term preservation of, and access to, public documents or a class of public documents.

Dated at Wellington this 2nd day of May 2006.

Judith Tizard,
Minister Responsible for the National Library.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice comes into force on the day that is 3 months after the date of its notification in the Gazette, after a consultation period that took place with publishers between 16 August and 18 October 2004 and between 28 November and 24 December 2005.

The notice defines the key terms off-line document and publish.

Clause 4 provides that the notice applies to all classes of electronic documents published on or after the date when this notice comes into force, and to all publishers of those electronic documents.

Clause 5 requires publishers of all off-line documents to provide to the National Librarian, within 20 working days after the date when the document is first published, copies of the documents as follows:

  • 2 copies of the medium or device containing the document:

  • 1 copy of the medium or device containing the document, if the document is a single discrete item that costs more than $1,000 or is available by annual subscription costing more than $3,000.

If an off-line document is published in more than 1 language, the publisher must supply the required copies in each language version (clause 6).

Clause 7 sets out the requirements as to delivery of copies of off-line documents to the National Librarian.

Clause 8 authorises the National Librarian to copy Internet documents.

Clause 9 empowers the Minister, by notice in the Gazette, to exempt an electronic document or a class of electronic documents from this notice on the basis of the criteria stated.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 May 2006.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the National Library Requirement (Electronic Documents) Notice 2006. The reprint incorporates all the amendments to the National Library Requirement (Electronic Documents) Notice 2006 as at 2 September 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)