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Building Act 2004

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

272ZE: Investigation following urgent suspension

You could also call this:

“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 if the person did anything wrong and if there are reasons to suspend or revoke their certification or registration. The MCMC accreditation body can do this investigation for the chief executive.

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

  1. End the suspension
  2. Suspend or revoke the person’s certification
  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 ends automatically.

If the suspension is ended, 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.

You can find more information about urgent suspension in section 272ZD, and about suspending or revoking certification or registration in section 272W or 272ZA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753792.

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272ZD: Urgent suspension of registration of MCM, or

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

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

272ZEInvestigation following urgent suspension

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

  2. they have engaged in conduct referred to in section 272ZD; and
    1. there are grounds to suspend or revoke the person’s certification or registration under section 272W or 272ZA.

      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 certification under section 272W:
          1. suspend the person’s registration under section 272ZA(2).

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