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362VD: Defences for offences against sections 362VB and 362VC
or “How you can defend yourself if you're accused of breaking rules about building product information”

You could also call this:

“A written warning asking someone to fix a mistake they made about building product information”

If you don’t follow the rules about building product information, the chief executive can give you a notice to take corrective action. This notice tells you what you need to do to fix the problem or make sure it doesn’t happen again.

The notice will be in writing and will give you a fair amount of time to do what it asks. It might tell you to fix what you did wrong or to make changes so you don’t make the same mistake in the future.

The chief executive can only give you this notice if they are sure you didn’t follow the rules about building product information. These rules are explained in section 362VA of the Building Act.

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Next up: 362VF: Compliance with notice to take corrective action

or “This rule says you must follow orders to fix problems, or you could get in big trouble and pay a lot of money.”

Part 4B Building product information requirements
Notice to take corrective action

362VENotice to take corrective action

  1. The chief executive may give a notice to take corrective action to a person if satisfied that the person has failed to comply with a building product information requirement in force under section 362VA.

  2. A notice to take corrective action is a notice requiring the person to whom it is given to take any steps specified in the notice to—

  3. remedy the non-compliance; or
    1. ensure that the non-compliance is not continued or repeated.
      1. The notice must—

      2. be in writing; and
        1. specify a reasonable period within which the required steps must be taken.
          Notes
          • Section 362VE: inserted, on , by section 84 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).