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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:

“The government can stop a company from checking building parts if they break the rules or lose their permission to do so.”

If you’re registered as a modular component manufacturer certification body, your registration can be suspended in a few ways.

Your registration is automatically suspended if your accreditation is suspended under section 272L.

The chief executive can also suspend your registration if they believe you no longer meet the registration criteria in section 272N, or if you haven’t followed the MCM scheme rules.

However, if the regulations for section 272N(1)(b) or (c) change and that’s the only reason you don’t meet the criteria anymore, the chief executive can’t suspend your registration for three months after those changes.

Before the chief executive suspends your registration, they must tell you in writing why they plan to do it and give you a chance to respond.

If your registration is suspended, the chief executive will tell you in writing, update the register, and try to inform all the certified MCMs you’re responsible for.

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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:
Housing and property > Home safety and repairs
Business > Industry rules
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272O: Audit of registered MCMCB, or

“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

“Rules for bringing back a company that checks building parts after it was told to stop working”

Part 3 Regulatory 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).