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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 boss of building safety can tell everyone to be careful about or stop using certain building things if they might not be safe. ”

The chief executive can issue warnings or bans for building products or methods that might not meet the building code. If the chief executive thinks a building product or method could cause problems, they can warn people about it or stop people from using it.

If the chief executive issues a warning, they have to tell everyone about it publicly. They also need to share some important information with the warning.

When the chief executive bans a building product or method, it becomes a law. They have to publish the ban and the important information that goes with it.

The chief executive can change or cancel a warning or ban at any time. When they do this, they need to tell everyone about the change and when it will start.

The important information that goes with warnings and bans includes when they start, if the ban affects building work that already has permission, and if they followed the right steps to make the warning or ban.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Housing and property > Home safety and repairs
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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 2 Building
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).