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Building Act 2004

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

271: Suspension or revocation of product certificate

You could also call this:

“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.”

If you have a product certificate for a building product or method, it can be suspended or revoked. This means it can be temporarily stopped or completely cancelled. The responsible Product Certification Body (PCB) can do this for several reasons:

If you got the certificate by lying or hiding information, it can be revoked. If your product or method no longer meets the required standards, the certificate can be suspended. The same can happen if any other certification for your product has been suspended or cancelled.

Your certificate might also be suspended if the building code changes and no longer applies to your product or method. If you don’t follow the rules of the product certification scheme, or if your certificate hasn’t been reviewed in the last 12 months, it can be suspended too.

If the rules change and your product doesn’t meet the new standards, you get three months to fix things before your certificate can be suspended. If your certificate is less than a year old, it won’t be suspended for not having a review.

If your certificate is suspended, you’ll get a fair amount of time to fix the issues. Once you fix them, the suspension will be lifted. If you don’t fix the problems in time, your certificate might be cancelled completely.

Before suspending or revoking your certificate, the PCB will tell you why they’re doing it and give you a chance to explain your side. They’ll let you know in writing about their decision and what it means for you.

The chief executive can also make these decisions, even if the PCB has already done so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308251.

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

271Suspension or revocation of product certificate

  1. The responsible PCB for a product certificate may suspend or revoke the certificate if satisfied that—

  2. the certificate was obtained by fraud, misrepresentation, or concealment of facts; or
    1. the building product or building method no longer meets the criteria for certification in section 269; or
      1. any certification or similar authorisation issued or granted in respect of the building product or building method has been suspended or revoked for any reason; or
        1. the building code no longer applies to the building product or building method because of an amendment to the code; or
          1. the proprietor of the building product or building method has failed to comply with any product certification scheme rules; or
            1. the certificate has not been reviewed under section 270 within the previous 12 months.

              1. However, if—

              2. regulations made for the purposes of section 269 or any product certification scheme rules that supplement those regulations are amended; and
                1. a building product or building method ceases to meet the criteria in that section solely as a result of those amendments,—

                    1. the responsible PCB cannot suspend or revoke the certificate under subsection (1)(b) unless 3 months have elapsed since those amendments came into force.

                  1. Subsection (1)(f) does not apply if the certificate has been in force for less than 12 months.

                  2. The period of a suspension must allow the proprietor a reasonable period to ensure that the building product or building method again meets the criteria in section 269 or to get a review undertaken.

                  3. The responsible PCB must lift the suspension of a certificate if satisfied that the building product or building method again meets those criteria or the certificate has been reviewed.

                  4. If the suspension is not lifted before the end of the suspension period, the responsible PCB may revoke the certificate.

                  5. Before suspending or revoking a certificate, the responsible PCB must—

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

                      1. If the responsible PCB suspends, lifts the suspension of, or revokes a product certificate, it must notify the proprietor in writing of—

                      2. its decision and the reasons for it; and
                        1. the effect of section 272B(1), 272C(1), or 272D(1)(a) (as applicable).

                          1. The chief executive may exercise the powers of a responsible PCB under this section (whether or not the responsible PCB has exercised those powers in relation to the same certificate in the same period).

                          Notes
                          • Section 271: replaced, on , by section 67 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).