Section 409 — Building Act 2004: Requirement to consult

409 Requirement to consult (1) This section applies if— (a) the Minister proposes to make a recommendation for— (i) regulations to be made under this Act that incorporate material by reference; or (ii) regulations under section 406(c)(i) that state that an amendment to, or replacement of, material incorporated by reference in regulations has legal effect as part of the regulations; or (b) the chief executive proposes to— (i) issue a compliance document that incorporates material by reference; or (ii) publish, under section 406(c)(ii) , a notice in the Gazette that adopts an amendment to, or replacement of, material incorporated by reference in a compliance document. (2) Before doing any of the things referred to in subsection (1) , the Minister or, as the case may be, the chief executive must— (a) make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference (proposed material) available for inspection during working hours for a reasonable period, free of charge, at the Ministry's office in Wellington; and (b) make copies of the proposed material available for purchase at a reasonable price at the Ministry's office in Wellington; and (c) [Repealed] (d) give notice in the Gazette stating that— (i) the proposed material is available for inspection during working hours, free of charge, the place at which it can be inspected, and the period during which it can be inspected; and (ii) copies of the proposed material can be purchased and the place at which they can be purchased; and (iii) [Repealed] (e) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and (f) consider any comments they make. (2A) Before doing any of the things referred to in subsection (1) , the Minister or, as the case may be, 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 (for example, on an Internet website); and (b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and details of where or how it can be accessed or obtained. (3) The reference in subsections (2) and (2A) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material. (4) A failure to comply with this section does not invalidate an instrument that incorporates material by reference. Subsection (2)(c) was repealed, as from 14 April 2005, by section 24(1)(a) Building Amendment Act 2005 (2005 No 31). Subsection (2)(d)(iii) was repealed, as from 14 April 2005, by section 24(1)(b) Building Amendment Act 2005 (2005 No 31). Subsection (2A) was inserted, as from 14 April 2005, by section 24(2) Building Amendment Act 2005 (2005 No 31). Subsection (3) was amended, as from 14 April 2005, by section 24(3) Building Amendment Act 2005 (2005 No 31) by substituting the words “ subsections (2) and (2A) ” for the expression “ subsection (2) ” .