Section 403 — Building Act 2004: Consultation requirements for making regulations

403 Consultation requirements for making regulations (1) This section applies to— (a) an Order in Council proposed to be made under section 285 ; or (b) regulations proposed to be made under section 400 or section 401 . (2) Before making a recommendation for the making of an Order in Council or regulations under those sections, the Minister must be satisfied that the chief executive has consulted in accordance with subsections (3) and (4) . (3) The chief executive must— (a) do everything reasonably practicable on his or her part to consult with the persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the making of the relevant Order in Council or regulations; and (b) advise the Minister of the results of that consultation. (4) The process for consultation should, to the extent practicable in the circumstances, include— (a) giving adequate and appropriate notice of the intention to make the Order in Council or regulations; and (b) giving a reasonable opportunity for interested persons to make submissions; and (c) adequate and appropriate consideration of submissions. (5) A failure to comply with this section does not affect the validity of any Order in Council or regulations made. Compare: 1991 No 150 s 48(4)