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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:

“Rules for taking away or pausing a company's permission to check if building parts are safe”

The MCMC accreditation body can suspend or revoke your accreditation as a modular component manufacturer certification body if you no longer meet the criteria in section 272J or if you don’t follow the MCM scheme rules.

If the rules change and you no longer meet the criteria because of these changes, the MCMC accreditation body can’t suspend or revoke your accreditation for three months after the changes come into effect.

If your accreditation is suspended, you’ll be given a fair amount of time to meet the criteria again or fix the issue. The MCMC accreditation body will lift the suspension if you do this. If you don’t fix the issue by the end of the suspension period, your accreditation might be revoked.

Before suspending or revoking your accreditation, the MCMC accreditation body must tell you in writing why they plan to do this and give you a chance to explain your side.

If your accreditation is suspended, lifted from suspension, or revoked, the MCMC accreditation body will tell you in writing about their decision, why they made it, and how it affects you according to section 272P(1), 272Q(1), or 272R(1)(a).

The chief executive can also use these powers, even if the MCMC accreditation body has already used them for the same person at the same time.

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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.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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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 3 Regulatory 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).