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Building Act 2004

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

272ZD: Urgent suspension of registration of MCM

You could also call this:

“The law lets the boss quickly stop a company from making building parts if there's a big safety worry.”

If you’re registered as a modular component manufacturer, the chief executive can suspend your registration right away if they think you might have done something dangerous. This can happen if they believe you’ve made components that could hurt or kill someone even when used properly, or if you haven’t followed the rules for modular component manufacturers. The chief executive only does this if they think the risk is serious enough to justify stopping your registration immediately.

The chief executive doesn’t have to tell you before they suspend your registration. But if they do suspend it, they must let you know in writing why they did it. They also have to update the register to show your registration is suspended. After this, they must investigate the situation further.

If you want to know more about the investigation process, you can look at section 272ZE of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753790.

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

“When a company that makes building parts can no longer be on the official list of approved makers”

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272ZE: Investigation following urgent suspension, or

“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 manufacturers

272ZDUrgent suspension of registration of MCM

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

  2. they have—
    1. manufactured modular components that are likely to cause injury or death even if used in accordance with the manufacturer’s instructions; or
      1. in connection with their modular components, failed to comply with this Act or any MCM scheme rules; 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. conduct an investigation under section 272ZE.

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