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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to product certification - Accreditation of product certification bodies

264: Suspension or revocation of accreditation

You could also call this:

“The rules for taking away or pausing a company's permission to check if products are safe”

If you are approved to certify building products, you can lose this approval if you don’t follow the rules. The group that gave you approval can suspend or take away your certification if you no longer meet the requirements or if you break any rules.

If the rules change and you don’t meet them anymore, you get three months to fix things before your approval can be suspended. If you are suspended, you’ll have some time to meet the requirements again or fix any problems.

If you fix the issues, your suspension will be lifted. But if you don’t fix things by the end of the suspension time, your approval might be taken away completely.

Before suspending or taking away your approval, the group in charge must tell you why they want to do this and give you a chance to explain your side.

If your approval is suspended, lifted, or taken away, you’ll get a written notice explaining why and what this means for you.

The person in charge (called the chief executive) can also make these decisions about suspending or taking away approvals, even if the main group hasn’t done anything yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308243.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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263: Accreditation of product certification body, or

“A group checks if people can give out certificates for building products properly”

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265: Application for accreditation, or

“This rule about how to ask for approval to check products is no longer used.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities relating to product certification: Accreditation of product certification bodies

264Suspension or revocation of accreditation

  1. The product certification accreditation body may suspend or revoke a person’s accreditation as a product certification body if satisfied that they—

  2. no longer meet the criteria for accreditation in section 263; or
    1. have failed to comply with any product certification scheme rules.

      1. However, if—

      2. regulations made for the purposes of section 263(1)(b)(ii) or (c) or product certification scheme rules that supplement those regulations are amended; and
        1. a person ceases to meet the criteria in section 263 solely as a result of those amendments,—

            1. the product certification accreditation body cannot suspend their accreditation unless 3 months have elapsed since those amendments came into force.

          1. The period of a suspension must allow the person a reasonable period to again meet the criteria in section 263 or to rectify the failure.

          2. The product certification accreditation body must lift the suspension of a person’s accreditation if satisfied that they again meet those criteria or have rectified the failure.

          3. If the suspension is not lifted before the end of the suspension period, the product certification accreditation body may revoke the accreditation.

          4. Before suspending or revoking a person’s accreditation under subsection (1) or (5), the product certification accreditation body must—

          5. notify the person in writing of the intention to do so and the reasons for it; and
            1. give the person a reasonable opportunity to be heard.

              1. If the product certification accreditation body suspends, lifts the suspension of, or revokes a person’s accreditation, it must notify the person in writing of—

              2. its decision and the reasons for it; and
                1. the effect of section 267C(1), 267D(1), or 267E(1)(a) (as applicable).

                  1. If a person’s accreditation is suspended or revoked, the product certification accreditation body must notify them in writing of the suspension or revocation and the reasons for it.

                  2. The chief executive may exercise the powers of the product certification accreditation body under this section (whether or not that body has exercised those powers in relation to the same person in the same period).

                  Notes
                  • Section 264: replaced, on , by section 64 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).