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Building Act 2004

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

272F: Procedure for making product certification scheme rules

You could also call this:

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

When the chief executive wants to make new rules for product certification, they need to follow a specific process. First, they must tell everyone about their plan to make these rules. Then, they have to give people at least 20 working days to share their thoughts on the plan. After that, the chief executive needs to think about what people have said.

When the chief executive tells everyone about the plan, they need to include some important information. This includes a detailed explanation of the proposed rules, including any temporary arrangements. They also need to explain why they want to make these rules. The notice should say when the rules will start, and how and when people can give their opinions.

However, if the chief executive is changing the rules in a way that won’t seriously affect anyone, they don’t have to follow this whole process. They can make small changes without asking for people’s thoughts first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS752660.

Topics:
Housing and property > Home safety and repairs
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272E: Product certification scheme rules, or

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

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272G: Offence to misrepresent status as product certification body, or

“It's against the law to pretend you're allowed to check and approve building products when you're not.”

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

272FProcedure for making product certification scheme rules

  1. Before making product certification scheme rules, the chief executive must—

  2. publicly notify the proposal to make the rules; and
    1. give persons at least 20 working days to make submissions on the proposal; and
      1. consider those submissions.

        1. The notice must include the following:

        2. a detailed statement of the proposed rules, including any transitional arrangements (which may, but need not, include a copy of the proposed rules):
          1. the reasons for making the rules:
            1. the date on which the rules will come into force:
              1. details of how, and by when, submissions may be made.

                1. The chief executive need not comply with subsection (1) in relation to an amendment of the rules if satisfied that the amendment will not adversely affect the substantial interests of any person.

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