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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to product certification - Offences relating to product registration scheme

272G: Offence to misrepresent status as product certification body

You could also call this:

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

You are not allowed to act as a product certification body (PCB) if you are not registered as one. If you do this, you are breaking the law. The punishment for this is a fine of up to $300,000 for a person, or up to $1,500,000 for a company.

You also can’t pretend to be a PCB if you’re not one. This includes saying you are an accredited PCB, a registered PCB, or that you can give out product certificates when you can’t. If you do this, you are breaking the law. The punishment for this is a fine of up to $50,000 for a person, or up to $150,000 for a company.

These rules are there to make sure that only proper, registered PCBs are doing the important work of certifying products. This helps keep buildings safe and up to standard.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS752668.

Topics:
Crime and justice > Criminal law
Housing and property > Home safety and repairs
Business > Industry rules
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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”

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272H: Offence to misrepresent product certificate, or

“It's against the law to falsely claim a product has been approved or certified when it hasn't.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities relating to product certification: Offences relating to product registration scheme

272GOffence to misrepresent status as product certification body

  1. A person who is not a registered PCB must not perform any of the functions of a registered PCB.

  2. A person who fails to comply with subsection (1)—

  3. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $300,000:
        1. in the case of a body corporate, to a fine not exceeding $1,500,000.

        2. A person must not, in any other way, represent themselves as being any of the following if that is not the case:

        3. an accredited PCB:
          1. a registered PCB:
            1. authorised to issue product certificates.

              1. A person who fails to comply with subsection (3)—

              2. commits an offence; and
                1. is liable on conviction,—
                  1. in the case of an individual, to a fine not exceeding $50,000:
                    1. in the case of a body corporate, to a fine not exceeding $150,000.

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