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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 for Checking Building Products are Safe"

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The chief executive can make rules for the product certification scheme. You need to know these rules can include how scheme parties do their jobs and how building products are evaluated. The chief executive can also make rules that add to regulations made under section 402(1)(tb)(ii) or (u)(i) or (ii). The chief executive must make sure the rules provide more detail or set out procedures. You should understand that a scheme party can be an accreditation body or the owner of a building product. Rules made under this section are secondary legislation, which means they have to be published, as explained in Part 3 of the Legislation Act 2019. The rules can also cover how disputes are resolved and administrative matters. The chief executive has to be careful when making these rules. They must follow certain guidelines to ensure the rules are fair and effective.

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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.

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

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

272EProduct certification scheme rules

  1. The chief executive may make rules for the operation of the product certification scheme under this subpart.

  2. The rules may (without limitation) include rules relating to 1 or more of the following:

  3. how the scheme parties are to perform their functions under this Act:
    1. how building products and building methods are to be evaluated:
      1. the resolution of disputes between scheme parties:
        1. procedural and administrative matters.

          1. The rules may also supplement regulations made under section 402(1)(tb)(ii) or (u)(i) or (ii).

          2. However, the chief executive must not make rules under subsection (3) unless satisfied that the rules—

          3. set out matters of detail to elaborate on matters provided for in the regulations; or
            1. set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
              1. set out how requirements imposed by the regulations may or must be met; or
                1. otherwise supplement matters of general principle set out in the regulations.

                  1. In this section, scheme party means any of the following:

                  2. the product certification accreditation body:
                    1. an accredited PCB:
                      1. a registered PCB:
                        1. the proprietor of a building product or building method that has a current product certificate (whether registered or not).

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

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