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Building Act 2004

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

272T: Investigation following urgent suspension

You could also call this:

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

After the chief executive urgently suspends someone’s registration, they must investigate the situation. They need to check if the person did something wrong and if there’s a reason to suspend or cancel their accreditation or registration.

The MCMC accreditation body can do the investigation for the chief executive.

After the investigation, the chief executive has to do one of these things:

  1. End the suspension
  2. Suspend or cancel the person’s accreditation
  3. Suspend the person’s registration

If the chief executive doesn’t do any of these things within 6 months of the urgent suspension, the suspension automatically ends.

If the suspension is lifted, the chief executive must tell the person in writing and update the register.

The chief executive can still take other actions to investigate or enforce the law if they think it’s necessary.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753348.

Topics:
Housing and property > Home safety and repairs
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272S: Urgent suspension of registration of MCMCB, or

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

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272U: Certification of modular component manufacturer, or

“How experts check if a company can make building parts safely and correctly”

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

272TInvestigation following urgent suspension

  1. After suspending a person’s registration under section 272S, the chief executive must investigate whether—

  2. they have engaged in conduct referred to in section 272S(1)(a); and
    1. there are grounds to suspend or revoke the person’s accreditation or registration under section 272L or 272P.

      1. The investigation may be conducted by the MCMC accreditation body on behalf of the chief executive.

      2. After completing the investigation, the chief executive must do 1 of the following:

      3. lift the suspension:
        1. suspend or revoke the person’s accreditation under section 272L:
          1. suspend the person’s registration under section 272P.

            1. If the chief executive has not done any of the things mentioned in subsection (3) before the expiry of 6 months from when the urgent suspension was imposed, that suspension is lifted on the expiry of those 6 months.

            2. If the person’s suspension is lifted under subsection (3)(a) or (4), the chief executive must—

            3. notify them in writing of the lifting of the suspension; and
              1. update the register accordingly.

                1. This section does not limit the chief executive in taking any other investigative or enforcement action under this Act the chief executive considers appropriate.

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