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 and Work Properly"

The chief executive can make rules for the product certification scheme. You need to know these rules can include how people involved in the scheme do their jobs and how building products are checked. The rules can also help resolve disputes between people involved in the scheme.

The chief executive can make rules that add to the regulations made under section 402(1)(tb)(ii) or (u)(i) or (ii). These rules must provide more detail about the regulations or set out procedures. You should understand that the chief executive must be satisfied the rules meet certain conditions before making them.

In this scheme, a scheme party can be an accreditation body or someone who owns a building product with a current certificate. Rules made under this section are secondary legislation, which means they have to be published in a certain way, as explained in Part 3 of the Legislation Act 2019.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS752610.


Previous

272D: Revocation of registration of product certificate, or

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


Next

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 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).