the empowering statute. Consultation There is no formal legal requirement of consultation in New Zealand before delegated legislation is made. However, empowering provisions often contain requirements relating to consultation. Consultation must be meaningful. A duty to consult requires that the person or body consulted is given sufficient opportunity to state their views "before the mind of the executive becomes unduly fixed". In considering whether a consultation requirement has been satisfied, the following principles should be taken into account: consultation does not require agreement or even negotiations towards agreement: more than mere notification is required: for consultation to be meaningful, sufficient information must be made available to enable the other party to be adequately informed so as to be able to make intelligent and useful responses. For further information concerning the principles relating to consultation, see Wellington International Airport Limited v Air New Zealand [1993] 1 NZLR 671. Some statutes that contain a consultation requirement contain an additional provision, that specifies that a failure to comply with the consultation requirement does not invalidate the delegated legislation. The purpose of the provision is to save delegated legislation where someone was missed out in the course of a genuine consultation process. It is not intended to protect against a deliberate decision not to consult. Other preconditions The empowering provision may provide for the delegated legislation to be made only on the recommendation of a specified Minister or other person or body. There is a distinction between "on" and "in accordance with" and "following"