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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to modular component manufacturers - Accreditation of modular component manufacturer certification bodies

272L: Suspension or revocation of accreditation of MCMCB

You could also call this:

"What happens if a modular component manufacturer certification body breaks the rules or no longer meets the standards"

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The MCMC accreditation body can suspend or revoke a person's accreditation as a modular component manufacturer certification body if they no longer meet the criteria for accreditation in section 272J or have failed to comply with any MCM scheme rules. You will be given a chance to fix the problem before your accreditation is suspended or revoked. The MCMC accreditation body must tell you in writing why they want to suspend or revoke your accreditation and give you a chance to respond. If the rules change and you no longer meet the criteria, the MCMC accreditation body cannot suspend or revoke your accreditation for three months. You will be given a reasonable amount of time to fix the problem if your accreditation is suspended. The MCMC accreditation body must tell you in writing if they decide to suspend, lift the suspension, or revoke your accreditation. The chief executive can also make decisions about suspending or revoking accreditation. You will be told how the decision affects you and what you can do next. The MCMC accreditation body must follow the rules and give you a fair chance to respond to any decisions they make about your accreditation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753324.

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272K: Audit of accredited MCMCB, or

"Checking to make sure modular component certification bodies are still doing a good job"

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272M: Notification to chief executive by MCMC accreditation body, or

"The accreditation body must tell the government when it gives, takes away, or changes a certification for someone who makes building parts."

Part 3Regulatory responsibilities and accreditation
Responsibilities relating to modular component manufacturers: Accreditation of modular component manufacturer certification bodies

272LSuspension or revocation of accreditation of MCMCB

  1. The MCMC accreditation body may suspend or revoke a person’s accreditation as a modular component manufacturer certification body if satisfied that they—

  2. no longer meet the criteria for accreditation in section 272J; or
    1. have failed to comply with any MCM scheme rules.

      1. However, if—

      2. regulations made for the purposes of section 272J(1)(b)(ii) or (c) or any MCM scheme rules that supplement those regulations are amended; and
        1. a person ceases to meet the criteria in section 272J solely as a result of those amendments,—

            1. the MCMC accreditation body cannot suspend or revoke their accreditation under subsection (1)(a) unless 3 months have elapsed since those amendments came into force.

          1. The period of a suspension must allow the person a reasonable period to again meet the criteria in section 272J or to rectify the failure.

          2. The MCMC accreditation body must lift the suspension of a person’s accreditation if satisfied that they again meet those criteria or have rectified the failure.

          3. If the suspension is not lifted before the end of the suspension period, the MCMC accreditation body may revoke the accreditation.

          4. Before suspending or revoking a person’s accreditation under subsection (1) or (5), the MCMC accreditation body must—

          5. notify the person in writing of the intention to do so and the reasons for it; and
            1. give the person a reasonable opportunity to be heard.

              1. If the MCMC accreditation body suspends, lifts the suspension of, or revokes a person’s accreditation, it must notify the person in writing of—

              2. its decision and the reasons for it; and
                1. the effect of section 272P(1), 272Q(1), or 272R(1)(a) (as applicable).

                  1. The chief executive may exercise the powers of the MCMC accreditation body under this section (whether or not that body has exercised those powers in relation to the same person in the same period).

                  Notes
                  • Section 272L: inserted, on , by section 68 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).