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Building Act 2004

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

267C: Suspension of registration of PCB

You could also call this:

“Rules for stopping someone from being allowed to check if building products are safe”

Your registration as a product certification body (PCB) can be suspended in two ways. First, if your accreditation is suspended under section 264, your registration will automatically be suspended. Second, the chief executive can suspend your registration if you no longer meet the criteria in section 267A or if you haven’t followed the product certification scheme rules.

If the regulations for section 267A(1)(b) or (c) change and you don’t meet the criteria because of these changes, the chief executive can’t suspend your registration for three months after the changes come into effect.

Before the chief executive suspends your registration, they must tell you in writing why they want to do this and give you a chance to explain your side.

If your registration is suspended, the chief executive will tell you in writing, update the register, and try to inform the proprietors you work for. They’ll explain why your registration was suspended and what this means for you, including how it affects you under section 267E(1)(b) if that applies to your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS752394.

Topics:
Housing and property > Home safety and repairs
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267B: Audit of registered PCB, or

“The government can check if a registered product certification body is still following the rules and doing a good job.”

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267D: Lifting of suspension of registration of PCB, or

“How a company can get back to work after being told to stop certifying building products”

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

267CSuspension of registration of PCB

  1. A person’s registration as a product certification body is automatically suspended if their accreditation is suspended under section 264.

  2. The chief executive may suspend a person’s registration as a product certification body if satisfied that they—

  3. no longer meet the criteria for registration in section 267A; or
    1. have failed to comply with any product certification scheme rules.

      1. However, if—

      2. regulations made for the purposes of section 267A(1)(b) or (c) are amended; and
        1. a person ceases to meet the criteria in section 267A solely as a result of those amendments,—

            1. the chief executive cannot suspend their registration under subsection (2)(a) unless 3 months have elapsed since those amendments came into force.

          1. Before suspending a person’s registration under subsection (2), the chief executive must—

          2. notify them 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 a person’s registration is suspended under subsection (1) or (2), the chief executive must—

              2. notify them in writing of the suspension (including the reasons for it and the effect of section 267E(1)(b) (if applicable)); and
                1. update the register accordingly; and
                  1. take all reasonable steps to notify the proprietors for whom the person is the responsible PCB.

                    Notes
                    • Section 267C: inserted, on , by section 66 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).