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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities relating to modular component manufacturers - Offences relating to modular component manufacturer scheme

272ZI: Offence to misrepresent status

You could also call this:

“It's against the law to pretend you have a special job in building that you don't really have.”

You are not allowed to pretend to be someone you’re not when it comes to certain building-related roles. You can’t do the job of the MCMC accreditation body or a registered MCMCB if you’re not actually those things. If you do, you’re breaking the law and could be fined. For a person, the fine could be up to $300,000, and for a company, it could be up to $1,500,000.

You also can’t say you’re something you’re not. This includes saying you’re the MCMC accreditation body, that you can accredit modular component manufacturer certification bodies, that you’re an accredited or registered MCMCB, that you can certify modular component manufacturers, or that you’re a certified or registered MCM. If you do this, you’re also breaking the law. The fine for this is less, but still serious. A person could be fined up to $50,000, and a company up to $150,000.

These rules are part of the Building Act 2004 and they’re meant to stop people from pretending to have important roles or powers in the building industry that they don’t actually have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753807.

Topics:
Crime and justice > Criminal law
Housing and property > Home safety and repairs
Business > Industry rules
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272ZH: Procedure for making MCM scheme rules, or

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

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272ZJ: Offence to misrepresent modular component as manufactured by registered MCM, or

“You can get in big trouble for saying a building part was made by a special company when it wasn't.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities relating to modular component manufacturers: Offences relating to modular component manufacturer scheme

272ZIOffence to misrepresent status

  1. A person who is not the MCMC accreditation body must not perform any of the functions of that body.

  2. A person who is not a registered MCMCB must not perform any of the functions of a registered MCMCB.

  3. A person who fails to comply with subsection (1) or (2)—

  4. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $300,000:
        1. in the case of a body corporate, to a fine not exceeding $1,500,000.

        2. A person must not, in any other way, represent themselves as being any of the following if that is not the case:

        3. the MCMC accreditation body:
          1. authorised to accredit modular component manufacturer certification bodies:
            1. an accredited MCMCB:
              1. a registered MCMCB:
                1. authorised to certify modular component manufacturers:
                  1. a certified MCM:
                    1. a registered MCM.

                      1. A person who fails to comply with subsection (4)—

                      2. commits an offence; and
                        1. is liable on conviction,—
                          1. in the case of an individual, to a fine not exceeding $50,000:
                            1. in the case of a body corporate, to a fine not exceeding $150,000.

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