Building Act 2004

Building product information requirements

362VB: Failure to comply with building product information requirements an offence

You could also call this:

“You can get in trouble if you sell or bring in building products without following the rules about sharing information.”

If there are information requirements for a building product, you need to follow certain rules when dealing with that product in trade. These rules apply when you want to supply, offer to supply, advertise, or import the product into New Zealand. You must comply with the information requirements for that product.

If you don’t follow these rules, you’re breaking the law. This is called an offence. If you’re found guilty of this offence, you can be punished with a fine. If you’re an individual, you might have to pay up to $10,000. If you’re a company, the fine could be up to $30,000.

These rules are part of section 362VA of the Building Act 2004. They help make sure that people have the right information about building products used in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS753935.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
Money and consumer rights > Consumer protection

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362VA: Building product information requirements may be prescribed, or

“Rules can be made about what information needs to be shared about building products.”


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362VC: False or misleading representations in relation to building products, or

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Part 4B Building product information requirements

362VBFailure to comply with building product information requirements an offence

  1. This section applies in relation to a building product if information requirements are in force under section 362VA for that product.

  2. A person must not, in trade, do any of the following with the building product unless the person complies with the information requirements:

  3. supply the building product in New Zealand:
    1. offer to supply the building product in New Zealand:
      1. advertise the supply of the building product in New Zealand:
        1. import the product into New Zealand for the purpose of supply.
          1. A person who fails to comply with subsection (2)—

          2. commits an offence; and
            1. is liable on conviction,—
              1. in the case of an individual, to a fine not exceeding $10,000:
                1. in the case of a body corporate, to a fine not exceeding $30,000.
                Notes
                • Section 362VB: inserted, on , by section 84 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).