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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to product certification - Product certification scheme rules

272E: Product certification scheme rules

You could also call this:

“Rules that explain how to make sure building products and methods are safe and work properly”

The chief executive can make rules for how the product certification scheme works. These rules can cover how people involved in the scheme do their jobs, how building products and methods are checked, how to solve disagreements, and other administrative things.

The chief executive can also make rules that add to existing regulations. But they can only do this if the rules give more details about what’s in the regulations, explain how to follow the regulations, or add to the general ideas in the regulations.

The rules apply to different groups involved in the scheme. These groups include the organisation that approves product certification bodies, approved and registered product certification bodies, and people who own building products or methods with a current product certificate.

When the chief executive makes these rules, they become a type of law called secondary legislation. You can find out how these rules are published by looking at Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS752610.

Topics:

Housing and property > Home safety and repairs

Business > Industry rules

272D: Revocation of registration of product certificate, or

“When a product certificate is cancelled, it's taken off the official list.”

272F: Procedure for making product certification scheme rules, or

“How to make rules for certifying products, including telling people about it and listening to what they say”

Part 3 Regulatory responsibilities and accreditation
Responsibilities relating to product certification: Product certification scheme rules

272EProduct certification scheme rules

The chief executive may make rules for the operation of the product certification scheme under this subpart.
The rules may (without limitation) include rules relating to 1 or more of the following:
how the scheme parties are to perform their functions under this Act:
how building products and building methods are to be evaluated:
the resolution of disputes between scheme parties:
procedural and administrative matters.

The rules may also supplement regulations made under section 402(1)(tb)(ii) or (u)(i) or (ii).
However, the chief executive must not make rules under subsection (3) unless satisfied that the rules—
set out matters of detail to elaborate on matters provided for in the regulations; or
set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
set out how requirements imposed by the regulations may or must be met; or
otherwise supplement matters of general principle set out in the regulations.

In this section, scheme party means any of the following:
the product certification accreditation body:
an accredited PCB:
a registered PCB:
the proprietor of a building product or building method that has a current product certificate (whether registered or not).

Rules made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 272E: inserted, on 7 September 2022, by section 67 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).