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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to product certification - Certification of building products and building methods

270: Annual review of product certificate

You could also call this:

"Checking a product certificate is still valid every year"

Illustration for Building Act 2004

You need to review a product certificate every 12 months if you are the responsible PCB. You check if the product still meets the criteria for certification under section 269. You also check if there are grounds to suspend or revoke the certificate under section 271. You can review a certificate even if you are not the responsible PCB, but only if the proprietor asks you to. When you do a review, you must conduct an audit of the building product or method. You have to follow any rules set out in regulations made under section 402(1)(u)(ii). The person who owns the building product or method being audited must give you any information you need. If they do not give you the information, they can get a fine of up to $5,000 if they are an individual, or up to $25,000 if they are a company. You must do the audit according to the rules and regulations.

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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=DLM308250.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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269: Product certificates, or

"A certificate to show a building product meets New Zealand's rules and standards"

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271: Suspension or revocation of product certificate, or

"What happens if your product certificate is stopped or taken away"

Part 3Regulatory responsibilities and accreditation
Responsibilities relating to product certification: Certification of building products and building methods

270Annual review of product certificate

  1. A registered PCB must review each product certificate for which it is the responsible PCB at least once in every 12 months.

  2. However, subsection (1) does not apply in relation to a review required for a particular period if another registered PCB has reviewed the certificate in that period.

  3. A registered PCB may review a product certificate for which it is not the responsible PCB at the request of the proprietor of the building product or building method to which it relates.

  4. A PCB reviewing a certificate under subsection (1) or (3) must do so by conducting an audit of the building product or building method to which the certificate relates to ascertain whether—

  5. it continues to comply with the criteria for certification under section 269; and
    1. there are grounds to suspend or revoke the certificate under section 271.

      1. In carrying out an audit, a registered PCB must—

      2. take into account any matters specified in regulations made under section 402(1)(u)(ii) and any product certification scheme rules that supplement those regulations; and
        1. comply with any other requirements prescribed by those regulations and scheme rules, including as to when the audit is conducted.

          1. The proprietor of the building product or building method being audited must provide the PCB with any information or matter that the PCB requires for the purposes of the audit.

          2. A person who fails to comply with subsection (6)—

          3. commits an offence; and
            1. is liable on conviction,—
              1. in the case of an individual, to a fine not exceeding $5,000:
                1. in the case of a body corporate, to a fine not exceeding $25,000.

                Notes
                • Section 270: replaced, on , by section 67 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).