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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to modular component manufacturers - Certification of modular component manufacturers

272W: Suspension or revocation of certification of MCM

You could also call this:

"What happens if a modular component manufacturer's certification is suspended or cancelled"

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If you are a certified modular component manufacturer, your certification can be suspended or revoked. This happens if you no longer meet the criteria for certification in section 272U, or if you have failed to comply with any modular component manufacturer scheme rules. You can also have your certification suspended or revoked if you have not been audited within the previous 12 months. If you have not been certified for 12 months, you cannot have your certification revoked for failing to comply with scheme rules. However, there are some exceptions to this rule, such as if the regulations or scheme rules change. In this case, you will not have your certification revoked unless three months have passed since the changes came into effect. If your certification is suspended, it must be for a reasonable period to allow you to meet the criteria again or get an audit done. The suspension will be lifted if you meet the criteria or get an audit done. If the suspension is not lifted, your certification may be revoked. Before your certification is suspended or revoked, you must be notified in writing and given a chance to respond. If your certification is suspended, lifted, or revoked, you will be notified in writing of the decision and the reasons for it. You will also be told how this decision affects you, as outlined in section 272ZA(1), 272ZB(1), or 272ZC(1)​(a). If your certification is suspended or revoked, you will be told in writing about the suspension or revocation and the reasons for it. The chief executive has the power to make decisions about your certification, even if the responsible modular component manufacturer certification board has already made a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753370.

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Part 3Regulatory responsibilities and accreditation
Responsibilities relating to modular component manufacturers: Certification of modular component manufacturers

272WSuspension or revocation of certification of MCM

  1. The responsible MCMCB for a certified MCM may suspend or revoke the person’s certification if satisfied that they—

  2. no longer meet the criteria for certification in section 272U; or
    1. have failed to comply with any MCM scheme rules; or
      1. have not been audited within the previous 12 months (or any shorter period prescribed for the purposes of section 272V(1)(b)).

        1. Subsection (1)(b) does not apply if the person has been certified for less than 12 months (or the shorter prescribed period).

        2. However, if—

        3. regulations made for the purposes of section 272U(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 272U solely as a result of those amendments,—

              1. the responsible MCMCB cannot suspend or revoke their certification 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 272U or to get an audit undertaken.

            2. The responsible MCMCB must lift the suspension of a person’s certification if satisfied that they again meet those criteria or have been audited.

            3. If the suspension is not lifted before the end of the suspension period, the responsible MCMCB may revoke the certification.

            4. Before suspending or revoking a person’s certification, the responsible MCMCB must—

            5. 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 the responsible MCMCB suspends, lifts the suspension of, or revokes a person’s certification, it must notify the person in writing of—

                2. its decision and the reasons for it; and
                  1. the effect of section 272ZA(1), 272ZB(1), or 272ZC(1)(a) (as applicable).

                    1. If a person’s certification is suspended or revoked, the responsible MCMCB must notify them in writing of the suspension or revocation and the reasons for it.

                    2. The chief executive may exercise the powers of a responsible MCMCB under this section (whether or not the responsible MCMCB has exercised those powers in relation to the same manufacturer in the same period).

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