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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:

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

Illustration for Building Act 2004

You can have a product certificate suspended or revoked. This happens if you got the certificate by fraud or hiding facts. It also happens if the product no longer meets the criteria in section 269. You must be told why your certificate might be suspended or revoked. If your certificate is suspended, you get a chance to fix the problem. The suspension must give you enough time to meet the criteria again. If you fix the problem, the suspension is lifted. You are told in writing if your certificate is suspended, lifted or revoked. You are also told why this happened and what it means for you, including what section 272B(1), 272C(1), or 272D(1)​(a) says. The chief executive can make decisions about your certificate. They can do this even if someone else has already made a decision about it. You have a chance to be heard before a decision is made about your certificate.

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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=DLM308251.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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"Certified building inspectors must tell the government when they make important decisions about building products."

Part 3Regulatory 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).