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Building Act 2004

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

272P: Suspension of registration of MCMCB

You could also call this:

"What happens if a modular component manufacturer certification body's registration is suspended"

Illustration for Building Act 2004

If your accreditation is suspended under section 272L, your registration as a modular component manufacturer certification body is automatically suspended. You can also have your registration suspended if the chief executive thinks you no longer meet the criteria for registration in section 272N or if you have failed to comply with any MCM scheme rules. The chief executive must notify you in writing and give you a chance to be heard before suspending your registration. If your registration is suspended, the chief executive will notify you and update the register, and they will also try to notify any certified MCMs that you are responsible for. The chief executive cannot suspend your registration if you stop meeting the criteria solely because of changes to regulations, unless three months have passed since the changes came into effect. You will be notified of the suspension, including the reasons and the effect of section 272R(1)‎(b) if it applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753335.

Topics:
Business > Industry rules
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"The government checks companies that approve building parts every few years to make sure they're doing a good job."

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272Q: Lifting of suspension of registration of MCMCB, or

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

272PSuspension of registration of MCMCB

  1. A person’s registration as a modular component manufacturer certification body is automatically suspended if their accreditation is suspended under section 272L.

  2. The chief executive may suspend a person’s registration as a modular component manufacturer certification body if satisfied that they—

  3. no longer meet the criteria for registration in section 272N; or
    1. have failed to comply with any MCM scheme rules.

      1. However, if—

      2. regulations made for the purposes of section 272N(1)(b) or (c) are amended; and
        1. a person ceases to meet the criteria in section 272N solely as a result of those amendments,—

            1. the chief executive cannot suspend their registration under subsection (2)(a) unless 3 months have elapsed since those amendments came into force.

          1. Before suspending a person’s registration under subsection (2), the chief executive must—

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

              1. If a person’s registration is suspended under subsection (1) or (2), the chief executive must—

              2. notify them in writing of the suspension (including the reasons for it and the effect of section 272R(1)(b) (if applicable)); and
                1. update the register accordingly; and
                  1. take all reasonable steps to notify certified MCMs for whom the person is the responsible MCMCB.

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