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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:

“Every year, someone checks if a building product or method is still safe and follows the rules.”

You need to know about the yearly check-up for product certificates. A special group called a registered PCB must look at each product certificate they’re in charge of at least once a year. But if another registered PCB has already checked it that year, they don’t have to do it again.

A registered PCB can also check a certificate they’re not in charge of if the owner of the building product or method asks them to.

When they check a certificate, they need to make sure the product or method still follows the rules in section 269. They also need to see if there’s any reason to stop or cancel the certificate as per section 271.

When doing this check, the PCB must follow any special rules set out in section 402(1)(u)(ii) and any other product certification rules. They also have to do the check at the right time according to these rules.

The owner of the building product or method being checked must give the PCB any information they need. If they don’t, they’re breaking the law. A person who doesn’t provide this information can be fined up to $5,000. If it’s a company, they can be fined up to $25,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308250.

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269: Product certificates, or

“Explaining how to get a certificate that says a building product or method is okay to use”

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271: Suspension or revocation of product certificate, or

“The law explains when and how a product's approval can be taken away or put on hold if it doesn't meet the rules anymore.”

Part 3 Regulatory 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).