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Building Act 2004

Building - Building code - Warnings and bans

26: Chief executive may issue warning about, or ban use of, building products or building methods

You could also call this:

"The chief executive can warn or ban building products or methods that don't meet the building code."

Illustration for Building Act 2004

The chief executive can issue a warning about a building product or method if they think it will make a building fail to meet the building code. They can also ban the use of a building product or method. You can find more information about what the chief executive can do in this situation.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306354.

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25C: Public notification and availability, or

"Notices about building products are published and made available for you to see online."

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27: Offence to use building product or building method in breach of ban under section 26, or

"You can get in big trouble if you use banned building stuff."

Part 2Building
Building code: Warnings and bans

26Chief executive may issue warning about, or ban use of, building products or building methods

  1. This section applies if the chief executive considers on reasonable grounds that the use of a building product or building method has resulted, or is likely to result, in a building or building work failing to comply with the building code.

  2. The chief executive may—

  3. issue a warning about the building product or building method; or
    1. declare a ban on the building product or building method.

      1. The chief executive must publicly notify a warning issued under subsection (2)(a), together with the required information.

      2. A ban declared under subsection (2)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      3. The required information must be published with the ban.

      4. The chief executive—

      5. may, at any time, amend or revoke the warning or ban; and
        1. must publicly notify—
          1. the amendment or revocation of a warning or ban; and
            1. the date on which the amendment or revocation of a warning or ban comes into force.

            2. An amendment or revocation of a ban is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            3. The date on which the amendment or revocation comes into force must be published with the amendment or revocation.

            4. In this section, required information means—

            5. the date on which the warning or ban comes into force; and
              1. in the case of a ban, whether the ban applies to building work for which a building consent has been issued before the date on which the ban comes into force; and
                1. whether the procedure in section 29 has been followed in relation to the warning or ban.

                  Notes
                  • Section 26 heading: amended, on , by section 15(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                  • Section 26(1): amended, on , by section 15(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                  • Section 26(2)(a): amended, on , by section 15(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                  • Section 26(2)(b): amended, on , by section 15(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                  • Section 26(3): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 26(3A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 26(3B): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 26(4)(b)(i): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 26(4)(b)(ii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 26(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 26(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 26(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).