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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to modular component manufacturers - MCM scheme rules

272ZG: MCM scheme rules

You could also call this:

“Rules that explain how people who make building parts must follow the law”

The chief executive can make rules for how the modular component manufacturer certification scheme works. These rules can cover things like how the people involved in the scheme should do their jobs, how to check if modular component manufacturers are doing a good job, how to solve disagreements between people in the scheme, and other administrative stuff.

The chief executive can also make rules that add more detail to the regulations. But they can only do this if the new rules explain the regulations better, set out how to do things mentioned in the regulations, or add to the general ideas in the regulations.

The rules apply to different groups involved in the scheme. These groups include the people who check if others are doing a good job (the MCMC accreditation body), the people who are allowed to check others (accredited MCMCBs), the people who are officially registered to check others (registered MCMCBs), the manufacturers who are certified (certified MCMs), and the manufacturers who are registered (registered MCMs).

When the chief executive makes these rules, they become a type of law called secondary legislation. This means they need to be published in a special way, which you can find out about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753798.

Topics:

Housing and property > Home safety and repairs

Business > Industry rules

272ZF: Registered MCM may issue certificate for modular components, or

“A special builder can give out papers saying their building parts are okay to use”

272ZH: Procedure for making MCM scheme rules, or

“How the boss makes rules for building things after asking people what they think”

Part 3 Regulatory responsibilities and accreditation
Responsibilities relating to modular component manufacturers: MCM scheme rules

272ZGMCM scheme rules

The chief executive may make rules for the operation of the modular component manufacturer certification scheme under this subpart.
The rules may (without limitation) include rules relating to 1 or more of the following:
how the scheme parties are to perform their functions under this Act:
how modular component manufacturers are to be evaluated:
resolution of disputes between scheme parties:
procedural and administrative matters.

The rules may also supplement regulations made under section 402(1)(ub)(i), (ii)(B), or (ii)(C), or (uc)(i), (ii)(B), or (ii)(C).
However, the chief executive must not make rules under subsection (3) unless satisfied that the rules—
set out matters of detail to elaborate on matters provided for in the regulations; or
set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
set out how requirements imposed by the regulations may or must be met; or
otherwise supplement matters of general principle set out in the regulations.

In this section, scheme party means any of the following:
the MCMC accreditation body:
an accredited MCMCB:
a registered MCMCB:
a certified MCM:
a registered MCM.

Rules made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 272ZG: inserted, on 7 September 2022, by section 68 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).