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New Zealand law explained for everyone

Building Act 2004

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

272S: Urgent suspension of registration of MCMCB

You could also call this:

“When a company that checks building parts might be unsafe, the boss can quickly stop them from working”

You can be suspended from being a modular component manufacturer certification body right away if the chief executive thinks you’ve done something dangerous. This can happen if they believe you certified a manufacturer knowing their components could hurt or kill people, or if you certified someone who shouldn’t have been certified. It can also happen if you didn’t do your job properly, and this creates a risk of injury, death, or danger to the public.

The chief executive doesn’t have to tell you before they suspend you. If you are suspended, the chief executive must tell you in writing why, update the register, try to tell the manufacturers you work with, and start an investigation.

If you want to know more about the investigation, you can look at section 272T.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753343.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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272R: Revocation of registration of MCMCB, or

“When a company can no longer check if modular building parts are safe”

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272T: Investigation following urgent suspension, or

“After an urgent stop, the boss checks if someone did something wrong and decides what to do next.”

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

272SUrgent suspension of registration of MCMCB

  1. The chief executive may suspend a person’s registration as a modular component manufacturer certification body if the chief executive has reasonable grounds to suspect that—

  2. they have—
    1. certified a manufacturer knowing that its modular components are likely to cause injury or death even if used in accordance with the manufacturer’s instructions; or
      1. certified as a modular component manufacturer a person who does not meet the criteria for certification in section 272U; or
        1. otherwise failed to properly exercise their powers or perform their functions; and
        2. that conduct creates a risk of injury or death to any person or a risk to public safety that is sufficient to justify the immediate suspension of the person’s registration.

          1. The chief executive may suspend the person’s registration without giving them prior notice.

          2. If a person’s registration is suspended under this section, the chief executive must—

          3. notify them in writing of the suspension (including the reasons for it); and
            1. update the register accordingly; and
              1. take all reasonable steps to notify certified MCMs for whom the person is the responsible MCMCB; and
                1. conduct an investigation under section 272T.

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