Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021

1: Title
This Act is the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021.
2: Commencement
1: Sections 6(7) 9 16(3) 21 23(1) 24 29 33 45 50 54 60 72 to 77 83 85 91 95
2: The rest of this Act comes into force as follows:
a: on 1 or more dates set by Order in Council; or
b: to the extent not brought into force earlier, on the day that is 15 months after the date of Royal assent.
3: One or more orders may be made under subsection (2)﻿(a) bringing different provisions into force on different dates.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Amendments to Building Act 2004
3: Amendments to Building Act 2004
This Part amends the Building Act 2004 2021-06-08 Building Act 2004 Sections 6(7), 9, 16(3), 21, 23(1), 24 to 29, 33 to 45, 50, 54, 60, 72 to 77, 83, 85 to 91, and 95 only. (See s 2(1).) 2022-09-08 Building Act 2004 Remainder of Part, if not brought into force earlier by OIC(s). (See s 2(2).)
4: Section 4 amended (Principles to be applied in performing functions or duties, or exercising powers, under this Act)
1: In section 4(2)﻿(b) building methods or products or of a particular building design building products, building methods, or building designs
2: In section 4(2)﻿(f) building design and construction building products, building methods, and building designs
3: In section 4(2)﻿(g) methods of building design and construction building products, building methods, and building designs
4: In section 4(2)﻿(n)﻿(i) materials (including materials building products (including building products
5: Section 5 amended (Overview)
1: Replace section 5(2)﻿(c)﻿(v) and (vi)
v: provides for—
A: the appointment of a person as the product certification accreditation body; and
B: the accreditation and registration of product certification bodies; and
C: the certification of building products and building methods and the registration of those certificates:
vi: provides for—
A: the appointment of a person as the modular component manufacturer certification accreditation body; and
B: the accreditation and registration of modular component manufacturer certification bodies; and
C: the certification and registration of modular component manufacturers:
2: After section 5(2)﻿(d)
da: Part 4A deals with consumer rights and remedies in relation to residential building work:
db: Part 4B
3: After section 5(2)﻿(e)
f: Schedule 1AA deals with transitional, savings, and related matters.
6: Section 7 amended (Interpretation)
1: In section 7 building method or product
2: In section 7 accredited MCMCB section 272J accredited PCB section 263 building method section 9B building product section 9A certified MCM section 272U manufacturer’s certificate section 272ZF MCM scheme rules section 272ZG MCMC accreditation body
a: the person appointed under section 272I
b: if no person is appointed, the chief executive modular component modular component design product certificate section 269 product certification scheme rules section 272E registered MCM section 272Y registered MCMCB section 272N registered PCB section 267A registered product certificate section 272A responsible MCMCB
a: the registered MCMCB that certified the person as a modular component manufacturer; or
b: if the certified MCM has been audited under section 272V responsible PCB
a: the registered PCB that issued the certificate; or
b: if the certificate has been reviewed under section 270
3: In section 7 building work
a: paragraph (a), replace work— work that is either of the following:
b: paragraph (a)﻿(i), replace building; and building:
4: In section 7 building work
f: includes the manufacture of a modular component
5: In section 7 falsework materials, building products,
6: In section 7 plans and specifications
d: in the case of a building that will include a modular component, also includes the modular component design of that component
7: In section 7 publicly notify
8: In section 7 rules means , in Part 4, means
9: In section 7 scaffolding used in the course of the construction process materials or building products
7: New sections 9A and 9B and cross-heading inserted
After section 9 Meanings of building product and building method
9A: Meaning of building product
1: In this Act, building product
a: could reasonably be expected to be used as a component of a building; or
b: is declared by the Governor-General by Order in Council to be a building product.
2: However, a product that would otherwise be a building product under subsection (1)﻿(a)
3: In determining whether something could reasonably be expected to be used as a component of a building, the following are relevant considerations:
a: the purposes for which the thing is ordinarily used:
b: the purposes for which the manufacturer or supplier intends the thing to be used:
c: the purposes for which the thing is represented as being used for:
d: the purposes for which the thing is likely to be used (because of the way in which it is presented or for any other reason).
4: The matters listed in subsection (3)
5: An Order in Council made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
9B: Meaning of building method
1: In this Act, building method
a: for using 1 or more products or things as part of building work; or
b: for carrying out building work that is declared by the Governor-General by Order in Council to be a building method.
2: However, a method that would otherwise be a building method under subsection (1)﻿(a)
3: An Order in Council made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
8: Section 11 amended (Role of chief executive)
1: In section 11(b) building methods or products building products or building methods
2: After section 11(k)
ka: registers persons as product certification bodies under section 267A section 272A
kb: makes product certification scheme rules under section 272E
kc: appoints a person as the modular component manufacturer certification accreditation body under section 272I
kd: registers persons as modular component manufacturer certification bodies under section 272N section 272Y
ke: makes MCM scheme rules under section 272ZG
3: In section 11(m)﻿(iii) Part 4A subparts 7 and 7A 4B
9: Section 14 amended (Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams)
In section 14(4) to 232, 276 to 281, 363A, and to 228, 232, 276 to 281, 363A, 371A to 371C, and
10: Section 14E amended (Responsibilities of builder)
Replace section 14E(2)
2: A builder who carries out building work that is covered by a building consent is responsible for ensuring that—
a: the building work complies with the building consent and the plans and specifications to which the building consent relates; and
b: all building products and building methods used in carrying out that building work are used in a manner that complies with the building consent and those plans and specifications.
2A: A builder who carries out building work that is not covered by a building consent is responsible for ensuring that—
a: the building work complies with the building code; and
b: all building products and building methods used in carrying out that building work are used in a manner that complies with the building code.
11: Section 14G amended (Responsibilities of product manufacturer or supplier)
After section 14G(2)
3: A person who supplies a building product is responsible for ensuring that the person complies with Part 4B
12: Section 15 amended (Outline of this Part)
1: After section 15(1)﻿(b)
baa: for warnings and bans to be issued in relation to building products or building methods:
2: After section 15(1)﻿(o)
p: for matters relating to residential pool safety.
13: Section 19 amended (How compliance with building code is established)
1: In section 19(1)﻿(d) product certificate issued under section 269 registered product certificate
2: After section 19(1)﻿(d)
da: in relation to the design and manufacture of a modular component that is designed and manufactured by a registered MCM, a current manufacturer’s certificate issued by that registered MCM:
3: In section 19(2)﻿(a) warning issued, and ban declared, warning or ban in force
14: Section 20 amended (Regulations may specify that there is only 1 means of complying with building code)
Replace section 20(2)﻿(c)
c: building products and building methods that have a current registered product certificate.
15: Section 26 amended (Chief executive may issue warning about, or ban use of, building methods or products)
1: In the heading to section 26 building methods or products building products or building methods
2: In section 26(1) building method or product building product or building method
3: In section 26(2)﻿(a) and (b) building method or product building product or building method
16: Section 27 amended (Offence to use building method or product in breach of ban under section 26)
1: In the heading to section 27 building method or product building product or building method
2: In section 27(1) building method or product building product or building method
3: Replace section 27(2) and (3)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
17: Section 30D amended (Chief executive must decide whether to accept, for processing, application for national multiple-use approval)
Replace section 30D(3)﻿(b)
b: includes a building product or building method in relation to which a ban under section 26(2) is in force; or
18: Section 30F amended (Issue of national multiple-use approval)
Replace section 30F(1)﻿(d)
d: the application does not involve the use of a building product or building method in relation to which a ban under section 26(2) is in force; and
19: Section 40 amended (Buildings not to be constructed, altered, demolished, or removed without consent)
Replace the heading to section 40 Building work not to be carried out without consent
20: Section 41 amended (Building consent not required in certain cases)
After section 41(1)﻿(e)
f: the manufacture of a modular component that is designed and manufactured—
i: by a registered MCM who is certified to design and manufacture the component; and
ii: with the intention that the component will be used in building work that is carried out somewhere else.
21: Section 42 amended (Owner must apply for certificate of acceptance if building work carried out urgently)
Replace section 42(2) and (3)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
22: Section 45 amended (How to apply for building consent)
After section 45(1)﻿(ba)
bb: if the building work includes the use of a modular component and the applicant wishes to rely on section 19(1)﻿(da)
bc: if—
i: the building work is the manufacture of, or includes the use of, a modular component; and
ii: the component is to be manufactured by a registered MCM who is certified to manufacture it but was designed by someone else; and
iii: the applicant intends to rely on section 94(2)﻿(a) be accompanied by a current manufacturer’s certificate for the component; and
23: Section 48 amended (Processing application for building consent)
1: In section 48(1A) limit is— limit is,—
2: In section 48(1A)﻿(a) and (b) within
3: After section 48(1A)﻿(a)
aa: 10 working days after receipt by the building consent authority of the application if—
i: the building work is work for or in connection with the construction of a whole building; and
ii: the building (excluding site work, such as foundations and connections to services) will consist solely of a single modular component; and
iii: that modular component is designed and manufactured by a registered MCM who is certified to design and manufacture it; and
iv: the manufacturer’s certificate for that modular component covers all of the building work to which the application relates other than site work such as foundations and connections to services; and
ab: if the building work includes the use of 1 or more modular components but paragraph (aa)
4: In section 48(3)﻿(b) building method or product to which a current warning or ban under section 26(2) relates building product or building method in relation to which a warning or ban under section 26(2) is in force
24: Section 53 amended (Applicant for building consent liable to pay levy)
1: In section 53(1) for, or in connection with, the performance of the chief executive’s functions under this Act
2: After section 53(1)
1A: The chief executive may use the levy for, or in connection with, the performance of—
a: the chief executive’s functions under this Act:
b: the chief executive’s functions—
i: under any other Act that relates to the building sector or any part of the sector; and
ii: that relate to monitoring, overseeing, or improving—
A: the performance of the building sector or any part of the sector; or
B: regulatory systems under that other Act.
3: Repeal section 53(3)
4: After section 53(4)
5: Subsection (1A)﻿(b)
a: any function that the chief executive does not already have; or
b: any obligation to use the levy for the purposes mentioned in subsection (1A)﻿(b)
25: Section 58 amended (Liability to pay levy: building consent authority)
Replace section 58(3) and (4)
3: A person who fails to comply with subsection (2)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
26: Section 63 amended (Chief executive may obtain information in order to assess amount of levy payable)
Replace section 63(4) and (5)
4: A person who fails to comply with a requirement to provide information under subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
27: Section 85 amended (Offences relating to carrying out or supervising restricted building work)
In section 85(4) $20,000 $50,000
28: Section 86 amended (Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner)
Replace section 86(2)
2: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
29: Section 87A amended (Notices to building consent authority when owner-builder carries out restricted building work)
In section 87A(5) to a fine not exceeding $20,000 on conviction to a fine not exceeding $50,000
30: Section 92 amended (Application for code compliance certificate)
After section 92(2A)
3: If—
a: the building work included the use of a modular component; and
b: in granting the building consent, the building consent authority relied on section 19(1)﻿(da) the application under subsection (1) must be accompanied by a current manufacturer’s certificate for that component.
3A: If—
a: the building work was the manufacture of, or included the use of, a modular component; and
b: the application for building consent included a manufacturer’s certificate under section 45(1)﻿(bc) the application under subsection (1) must be accompanied by a current manufacturer’s certificate for that component.
31: Section 94 amended (Matters for consideration by building consent authority in deciding issue of code compliance certificate)
Replace section 94(2)
2: In deciding whether to issue a code compliance certificate, a building consent authority—
a: must accept a current manufacturer’s certificate for a modular component accompanying the application under section 92(3) or (3A)
b: must have regard to whether a building product or building method in relation to which a warning or ban under section 26(2) is in force has, or may have, been used or applied in the building work to which the certificate would relate.
32: Section 103 amended (Content of compliance schedule)
Replace section 103(2)﻿(b)﻿(iii)
iii: a building product or building method.
33: Section 108 amended (Annual building warrant of fitness)
Replace section 108(6)
6: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
34: Section 114 amended (Owner must give notice of change of use, extension of life, or subdivision of buildings)
Replace section 114(3) and (4)
3: A person who fails to comply with subsection (2)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
35: Section 115 amended (Code compliance requirements: change of use)
In section 115(b)﻿(i)﻿(B) people persons
36: Section 128A amended (Offences in relation to dangerous, affected, or insanitary buildings)
Replace section 128A(1)﻿(b)
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
37: Section 133AU amended (Offences in relation to earthquake-prone buildings)
1: Replace section 133AU(1)﻿(b)
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
2: Replace section 133AU(4)
4: A person who commits an offence under subsection (2) or (3) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
38: Section 133BE amended (Public notice of designation)
In section 133BE(2) publicly notify notify the public of
39: Section 134C replaced (Offence of failing to classify dam)
Replace section 134C
134C: Offence of failing to classify dam
A person to whom section 134 applies who fails to classify the dam in accordance with section 134B commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
40: Section 138 amended (Regional authority must require re-audit of dam classification that it refuses to approve)
Replace section 138(5)
5: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $60,000.
41: Section 140 amended (Requirement for dam safety assurance programme)
Replace section 140(4)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
42: Section 145 amended (Regional authority must require re-audit of dam safety assurance programme that it refuses to approve)
Replace section 145(5)
5: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
43: Section 150 amended (Owner of dam must supply annual dam compliance certificate)
Replace section 150(5)
5: A person who commits an offence under subsection (4)﻿(a) or (c) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $60,000.
6: A person who commits an offence under subsection (4)﻿(b) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $150,000.
44: Section 154 amended (Powers of regional authorities in respect of dangerous dams)
Replace section 154(4)
4: A person who commits an offence under this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $300,000:
b: in the case of a body corporate, to a fine not exceeding $1,500,000.
45: Section 168 amended (Offence not to comply with notice to fix)
Replace section 168(1AB)
1AB: A person who commits an offence against subsection (1AA) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $60,000.
46: Section 169 amended (Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister)
Replace section 169(1)﻿(b)
b: any warnings or bans under section 26(2) in force in relation to a building product or building method:
47: Section 171 amended (Chief executive may seek advice from building advisory panel)
Replace section 171(1)﻿(a)﻿(ii)
ii: any warnings or bans under section 26(2) in force in relation to a building product or building method:
48: Section 175 amended (Chief executive may publish guidance information)
Replace section 175(1)﻿(a)﻿(ii)
ii: disciplinable entities (as defined in section 200
49: Section 196 amended (Registration continuous so long as person meets criteria for registration)
In section 196(2) section 203 section 203C
50: Section 199 replaced (Offence for person to perform functions of building consent authority or regional authority if person not registered, etc)
Replace section 199
199: Offence to perform functions of building consent authority if not authorised
1: A person who is not a building consent authority must not perform any of the functions of a building consent authority under this Act.
2: A person who is a building consent authority but not a territorial authority or regional authority must not perform any of the functions of a building consent authority under this Act that are not within the person’s scope of accreditation.
3: A person who fails to comply with subsection (1) or (2)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
51: Sections 200 to 203 replaced
Replace sections 200 to 203 Disciplinary powers in relation to complaints
200: Interpretation
1: In sections 200 to 203C complaint section 202 complainant disciplinable entity
a: a building consent authority:
b: a registered PCB:
c: a registered MCMCB grounds for disciplinary action section 201 respondent
a: if a complaint is made under section 202
b: if an investigation is commenced under section 203A
2: In sections 200 to 203C registered PCB registered MCMCB
a: a person who has been registered as a product certification body or modular component manufacturer certification body but whose registration is suspended; and
b: a person who was, at the time of the conduct in question, a registered PCB or registered MCMCB.
201: Grounds for disciplinary action
There are grounds for disciplinary action
a: it has failed, or is failing, without good reason to properly perform its functions under this Act; or
b: it has been, or is, negligent in performing those functions; or
c: in the case of a registered PCB, it has failed to comply with any product certification scheme rules; or
d: in the case of a registered MCMCB, it has failed to comply with any MCM scheme rules.
202: Complaints may be made to chief executive
1: A person who believes that there are grounds for disciplinary action against a disciplinable entity may lodge a complaint with the chief executive.
2: A complaint must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
203: Acceptance of complaints
1: As soon as practicable after receiving a complaint, the chief executive must—
a: notify the respondent that the complaint has been made; and
b: decide whether to accept the complaint.
2: The chief executive must accept the complaint if the chief executive has reason to believe that there may be grounds for disciplinary action against the respondent.
3: The chief executive may decline to accept the complaint if the chief executive—
a: is satisfied that it is vexatious or frivolous; or
b: otherwise does not believe there may be grounds for disciplinary action.
4: In considering whether to accept the complaint,—
a: the chief executive may, but is not required to, seek information or hear from the respondent; and
b: the respondent may provide information or submissions if requested by the chief executive.
5: If the complaint is accepted, the chief executive must, as soon as practicable,—
a: notify the complainant and respondent of that decision; and
b: commence investigating the complaint.
6: The notice must—
a: state that the chief executive has reason to believe that there may be grounds for disciplinary action; and
b: set out those grounds; and
c: give the respondent a reasonable opportunity to make written submissions on the matter as part of the investigation.
7: If the complaint is not accepted, the chief executive must immediately notify the complainant and respondent of that decision and the reasons for it.
203A: Chief executive may initiate investigation
1: If the chief executive believes on reasonable grounds that there may be grounds for disciplinary action against a disciplinable entity, the chief executive may decide to investigate the matter without a complaint being made.
2: After deciding to investigate, the chief executive must, as soon as practicable,—
a: notify the respondent of that decision; and
b: commence investigating the matter.
3: The notice must—
a: state that the chief executive has reason to believe that there may be grounds for disciplinary action; and
b: set out those grounds; and
c: give the respondent a reasonable opportunity to make written submissions on the matter.
203B: Investigation
1: This section applies to an investigation commenced under section 203(5)﻿(b) 203A(2)﻿(b)
2: In conducting the investigation, the chief executive—
a: must consider the submissions (if any) made by the respondent in accordance with the notice under section 203(6) 203A(3)
b: may otherwise conduct the investigation as the chief executive considers appropriate.
3: After conducting the investigation, if the chief executive is satisfied that there are grounds for disciplinary action against the respondent, the chief executive may take action under section 203C
4: The chief executive must notify the complainant (if any) and respondent of—
a: the outcome of the investigation; and
b: the disciplinary action (if any) being taken (if action is taken under section 203C(1)﻿(f) see also section 272B(3)
203C: Disciplinary powers of chief executive
1: If satisfied that there are grounds for disciplinary action, the chief executive may do 1 or more of the following:
a: issue a warning to the respondent:
b: require the respondent to take specified remedial action:
c: impose limits on the functions that the respondent may perform under this Act:
d: if the respondent is a building consent authority that is a territorial authority or regional authority, recommend to the Minister that the Minister appoint 1 or more persons to act in the place of the respondent in relation to any or all of its functions under this Act:
e: if paragraph (d)
f: if the ground for the disciplinary action is that set out in section 201(c)
i: under section 267C(2)﻿(b)
ii: under section 272B(2)﻿(a)
g: if the ground for the disciplinary action is that set out in section 201(d)
i: under section 272P(2)﻿(b)
ii: under section 272ZA(2)﻿(b)
2: A requirement imposed under subsection (1)﻿(b)
a: time limits for the taking of the remedial action:
b: any conditions the chief executive thinks fit:
c: requirements for the respondent to report to the chief executive on the progress of the remedial action.
3: If the chief executive acts under subsection (1)﻿(d)
4: If the chief executive acts under subsection (1)﻿(e) or (f)
52: Cross-heading above section 204 amended
In the cross-heading above section 204 Further Enforcement
53: Section 204 amended (Special powers of chief executive for monitoring performance of functions under this Act)
1: Replace section 204(1)﻿(a) to (ab)
a: monitor the performance of functions under this Act by any of the following:
i: a territorial authority:
ii: a regional authority:
iii: a disciplinable entity (as defined in section 200
aa: exercise the chief executive’s powers under sections 200 to 203C
2: In section 204(2)﻿(a)﻿(i) and (2)﻿(b) any territorial authority, building consent authority, or regional authority a territorial authority, regional authority, or disciplinable entity
3: Repeal section 204(2)﻿(b)﻿(iii)
4: Replace section 204(4)
4: In this section, relevant information
54: Section 206 amended (Chief executive must supply warrant)
1: In section 206(1)﻿(c) this section section 204
2: Replace section 206(4)
4: A person who commits an offence under subsection (3)﻿(a) is liable on conviction to a fine not exceeding $5,000.
5: A person who commits an offence under subsection (3)﻿(b) is liable on conviction to a fine not exceeding $50,000.
55: Sections 207A and 207B replaced
Replace sections 207A 207B Power to require information and documents
207A: Power to require information or documents
1: The chief executive may require any person to provide any information or document that the chief executive reasonably considers it is necessary or desirable to obtain for any of the following purposes:
a: taking enforcement action referred to in section 11(m):
b: exercising the chief executive’s powers under section 26.
2: The chief executive must give written notice to the person that specifies—
a: the information or document that must be provided; and
b: how the information or document must be provided; and
c: a reasonable deadline by which the information or document must be provided.
3: The person must provide the information or document as required by the notice.
4: The chief executive may copy or retain any information or document provided.
207B: Offence to fail to provide information or documents
A person who fails to provide any information or document as required by section 207A
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $20,000; or
ii: in the case of a body corporate, to a fine not exceeding $60,000.
207BA: Sharing of information
1: The chief executive may provide relevant evidence to a regulatory body if the chief executive reasonably considers that the evidence is reasonably required by the regulatory body in the exercise of its powers or performance of its functions.
2: As soon as practicable after doing so, the chief executive must give written notice to—
a: any person to whom the evidence relates; and
b: if it was obtained under section 207A
3: The notice must—
a: describe what has been provided; and
b: specify which regulatory body it has been provided to; and
c: explain why it has been provided.
4: However, the chief executive need not give a notice if the chief executive reasonably considers that it would prejudice the exercise or performance by the regulatory body of its powers or functions.
5: In this section,— regulatory body
a: the chief executive or Ministry exercising powers or performing functions under another Act:
b: another person or body exercising powers or performing functions under this Act:
c: any other person or body established by or under an enactment exercising powers or performing functions in relation to building products, building methods, building designs, or building work relevant evidence section 207A Powers of entry and inspection for subparts 7 and 7A of Part 3 and Parts 4A and 4B
207BB: Powers of entry and inspection
1: The chief executive may exercise a power under this section for 1 or more of the following purposes ( investigative purposes
a: determining whether a relevant provision has been, or is being, complied with:
b: determining whether there are grounds for taking enforcement action to enforce a duty or an obligation under a relevant provision and deciding whether to do so.
2: For investigative purposes, the chief executive may—
a: inspect any of the following:
i: a place at which building work is, or is proposed to be, carried out:
ii: building work that has been, or is being, carried out:
iii: any building or building product; and
b: enter any premises for the purpose of carrying out an inspection under paragraph (a)
3: However, if the premises is a household unit or marae, see section 207BC
4: As soon as practicable after entering premises under this section, the chief executive must give written notice to the owners and occupiers of the premises of the exercise of that power.
5: A person who enters premises under this section must, when first entering the premises and on request at any other time, show the following to any occupier of the premises:
a: evidence of the person’s identity:
b: the chief executive’s written authorisation to enter the site:
c: if the premises is a household unit or marae, the warrant to enter the premises (if required).
6: In this section, relevant provision
a: subpart 7 of Part 3 (responsibilities relating to product certification):
b: subpart 7A of Part 3
c: Part 4B
207BC: Power to enter household unit or marae
1: Despite section 207BB(2)﻿(b)
a: with the consent of an occupier who is at least 14 years of age; or
b: in accordance with a warrant issued under this section. Entry with consent
2: The chief executive must not enter with the occupier’s consent unless the chief executive has—
a: told the occupier the reason for the proposed entry; and
b: told the occupier that they may consent, or refuse to consent, to the entry.
3: The chief executive may enter the household unit or marae, and exercise the other powers under section 207BB Entry under warrant
4: An issuing officer (as defined in section 3(1) of the Search and Surveillance Act 2012) may, on application, issue a warrant to enter a household unit or marae if the officer reasonably considers that entering the unit or marae is reasonably necessary for investigative purposes.
5: The chief executive must apply for the warrant in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which applies with any necessary modifications.
6: The warrant authorises the chief executive to enter the household unit or marae and exercise the other powers under section 207BB
56: Section 208 replaced (Appeals to District Court)
Replace section 208
208: Appeals to District Court
1: The following decisions of the chief executive are subject to appeal to the District Court:
a: refusing to issue a national multiple-use approval ( see
b: making a determination under section 188:
c: giving a direction as to costs under section 190(2):
d: taking disciplinary action under section 203C
e: refusing to register a person as any of the following, or suspending or refusing to lift the suspension of any such registration:
i: a building consent authority ( see
ii: a product certification body ( see sections 267A, 267C(2), and 267D(2)
iii: a modular component manufacturer certification body ( see sections 272N, 272P(2), and 272Q(2)
iv: a modular component manufacturer ( see sections 272Y, 272ZA(2), and 272ZB(2)
f: refusing to register a product certificate or suspending, or refusing to lift the suspension of, the registration of a product certificate ( see sections 272A, 272B(2), and 272C(2)
2: The following people may appeal against those decisions:
a: if subsection (1)﻿(a)
b: if subsection (1)﻿(b) or (c)
c: if subsection (1)﻿(d)
d: if subsection (1)﻿(e)
e: if subsection (1)﻿(f)
57: Section 209 amended (Procedure for commencing appeal)
1: In section 209(1)﻿(a)﻿(i) and (2) section 208(1)﻿(a) section 208(1)﻿(b)
2: Replace section 209(1)﻿(a)﻿(ia) and (ii)
ii: in any other case, the date of the chief executive’s decision; and
58: Section 210 amended (Steps after appeal is commenced)
In section 210(1)﻿(b) section 208(1)﻿(a) or (aa) section 208(1)﻿(b) or (c)
59: Section 221 amended (Recovery of costs when territorial authority carries out work on default)
In section 221(2)﻿(a) and (b) materials building products or other materials
60: Section 225 amended (Offence to impersonate authorised officer)
In section 225(2) $5,000 $50,000
61: Subpart 7 heading in Part 3 replaced
In Part 3
7: Responsibilities relating to product certification
62: Section 262 amended (Requirements for product certification accreditation body)
1: In section 262(2) building methods or products building products or building methods
2: In section 262(3) building methods and products building products or building methods
63: Section 262A amended (Fees for audits)
In section 262A product certification body PCB
64: Sections 263 to 266 replaced
Replace sections 263 to 266
263: Accreditation of product certification body
1: The product certification accreditation body may, on application, and on payment of the prescribed fee (if any), accredit a person as a product certification body if satisfied that they—
a: have the ability to perform the functions of a registered PCB competently, impartially, consistently, transparently, and accountably; and
b: have policies, procedures, and systems in place that—
i: will result in them performing their functions as required by paragraph (a)
ii: comply with any requirements prescribed by regulations made under section 402(1)﻿(tb)﻿(ii)﻿(A)
c: comply with any other criteria and standards prescribed by regulations made under section 402(1)﻿(tb)﻿(ii)﻿(B)
d: comply with any product certification scheme rules made under section 272E(3) paragraphs (b)﻿(ii) and (c)
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
264: Suspension or revocation of accreditation
1: The product certification accreditation body may suspend or revoke a person’s accreditation as a product certification body if satisfied that they—
a: no longer meet the criteria for accreditation in section 263
b: have failed to comply with any product certification scheme rules.
2: However, if—
a: regulations made for the purposes of section 263(1)﻿(b)﻿(ii) or (c)
b: a person ceases to meet the criteria in section 263 the product certification accreditation body cannot suspend their accreditation unless 3 months have elapsed since those amendments came into force.
3: The period of a suspension must allow the person a reasonable period to again meet the criteria in section 263
4: The product certification accreditation body must lift the suspension of a person’s accreditation if satisfied that they again meet those criteria or have rectified the failure.
5: If the suspension is not lifted before the end of the suspension period, the product certification accreditation body may revoke the accreditation.
6: Before suspending or revoking a person’s accreditation under subsection (1) or (5)
a: notify the person in writing of the intention to do so and the reasons for it; and
b: give the person a reasonable opportunity to be heard.
7: If the product certification accreditation body suspends, lifts the suspension of, or revokes a person’s accreditation, it must notify the person in writing of—
a: its decision and the reasons for it; and
b: the effect of section 267C(1), 267D(1), or 267E(1)﻿(a)
8: If a person’s accreditation is suspended or revoked, the product certification accreditation body must notify them in writing of the suspension or revocation and the reasons for it.
9: The chief executive may exercise the powers of the product certification accreditation body under this section (whether or not that body has exercised those powers in relation to the same person in the same period).
65: Section 267 amended (Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation)
In section 267(1) an accreditation of a person’s accreditation as
66: New sections 267A to 267E and cross-heading inserted
After section 267 Registration of product certification bodies
267A: Registration of product certification body
1: The chief executive may, on application, and on payment of the prescribed fee (if any), register a person as a product certification body if satisfied that they—
a: are an accredited PCB; and
b: meet any prescribed requirements to have adequate means to cover any civil liabilities that may arise in the performance of their functions under this Act; and
c: meet any other prescribed criteria and standards for registration.
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
3: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to register the applicant; and
b: notify the applicant in writing of the decision (including the reasons, if the application is declined).
267B: Audit of registered PCB
1: The chief executive may audit a registered PCB to ascertain whether—
a: they continue to meet the criteria for registration in section 267A
b: there are grounds to suspend or revoke their registration under section 267C
2: Any audit conducted under this section is in addition to audits required under section 262(1)﻿(a).
267C: Suspension of registration of PCB
Automatic suspension
1: A person’s registration as a product certification body is automatically suspended if their accreditation is suspended under section 264 Suspension by chief executive
2: The chief executive may suspend a person’s registration as a product certification body if satisfied that they—
a: no longer meet the criteria for registration in section 267A
b: have failed to comply with any product certification scheme rules.
3: However, if—
a: regulations made for the purposes of section 267A(1)﻿(b) or (c)
b: a person ceases to meet the criteria in section 267A the chief executive cannot suspend their registration under subsection (2)﻿(a)
4: Before suspending a person’s registration under subsection (2)
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard. Notification
5: If a person’s registration is suspended under subsection (1) or (2)
a: notify them in writing of the suspension (including the reasons for it and the effect of section 267E(1)﻿(b)
b: update the register accordingly; and
c: take all reasonable steps to notify the proprietors for whom the person is the responsible PCB.
267D: Lifting of suspension of registration of PCB
Automatic suspension
1: If a person’s registration is suspended under section 272C(1) Suspension by chief executive
2: If a person’s registration is suspended under section 267C(2)
a: again meet the criteria in section 267A
b: have otherwise rectified the failure that led to the suspension.
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly.
267E: Revocation of registration of PCB
1: A person’s registration as a product certification body is automatically revoked if—
a: their accreditation is revoked under section 264
b: their registration is suspended under section 267C(2)
2: However, if—
a: a person’s registration was suspended under section 267C(2)
b: within 12 months of the suspension being imposed, the person applied under section 267D(2)
c: at the end of those 12 months the application has not been decided,— the 12-month period referred to in subsection (1)﻿(b)
3: If a person’s registration is revoked, the chief executive must—
a: notify them in writing of the revocation (including the reasons for it); and
b: remove their name from the register.
67: Sections 268 to 272 and cross-heading above section 268 replaced
Replace sections 268 to 272 Certification of building products and building methods
269: Product certificates
1: A registered PCB must, on application, issue a product certificate for a building product or building method if satisfied that it complies with—
a: the criteria and standards for certification prescribed by regulations made under section 402(1)﻿(u)﻿(i)
b: any product certification scheme rules made under section 272E(3)
2: If a building product and a building method are to be used together, a single product certificate may be issued in respect of both together.
3: The product certificate must state whether there are any matters that should be taken into account in the use or application of the building product or building method and, if so, what those matters are.
4: The application must—
a: be made by the proprietor of the building product or building method; and
b: include the information specified by the registered PCB (if any).
270: Annual review of product certificate
1: A registered PCB must review each product certificate for which it is the responsible PCB at least once in every 12 months.
2: However, subsection (1)
3: A registered PCB may review a product certificate for which it is not the responsible PCB at the request of the proprietor of the building product or building method to which it relates.
4: A PCB reviewing a certificate under subsection (1) or (3)
a: it continues to comply with the criteria for certification under section 269
b: there are grounds to suspend or revoke the certificate under section 271
5: In carrying out an audit, a registered PCB must—
a: take into account any matters specified in regulations made under section 402(1)﻿(u)﻿(ii)
b: comply with any other requirements prescribed by those regulations and scheme rules, including as to when the audit is conducted.
6: The proprietor of the building product or building method being audited must provide the PCB with any information or matter that the PCB requires for the purposes of the audit.
7: A person who fails to comply with subsection (6)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $5,000:
ii: in the case of a body corporate, to a fine not exceeding $25,000.
271: Suspension or revocation of product certificate
1: The responsible PCB for a product certificate may suspend or revoke the certificate if satisfied that—
a: the certificate was obtained by fraud, misrepresentation, or concealment of facts; or
b: the building product or building method no longer meets the criteria for certification in section 269
c: any certification or similar authorisation issued or granted in respect of the building product or building method has been suspended or revoked for any reason; or
d: the building code no longer applies to the building product or building method because of an amendment to the code; or
e: the proprietor of the building product or building method has failed to comply with any product certification scheme rules; or
f: the certificate has not been reviewed under section 270
2: However, if—
a: regulations made for the purposes of section 269
b: a building product or building method ceases to meet the criteria in that section solely as a result of those amendments,— the responsible PCB cannot suspend or revoke the certificate under subsection (1)﻿(b)
3: Subsection (1)﻿(f)
4: The period of a suspension must allow the proprietor a reasonable period to ensure that the building product or building method again meets the criteria in section 269
5: The responsible PCB must lift the suspension of a certificate if satisfied that the building product or building method again meets those criteria or the certificate has been reviewed.
6: If the suspension is not lifted before the end of the suspension period, the responsible PCB may revoke the certificate.
7: Before suspending or revoking a certificate, the responsible PCB must—
a: notify the proprietor in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard.
8: If the responsible PCB suspends, lifts the suspension of, or revokes a product certificate, it must notify the proprietor in writing of—
a: its decision and the reasons for it; and
b: the effect of section 272B(1), 272C(1), or 272D(1)﻿(a)
9: The chief executive may exercise the powers of a responsible PCB under this section (whether or not the responsible PCB has exercised those powers in relation to the same certificate in the same period).
272: Notification to chief executive by registered PCB
1: A registered PCB must notify the chief executive when it does any of the following:
a: issues a product certificate:
b: suspends, or lifts the suspension of, a product certificate:
c: revokes a product certificate:
d: becomes the responsible PCB for a product certificate as a result of carrying out a review under section 270(3)
2: The notification must be given—
a: in the manner notified in writing by the chief executive to the registered PCB; and
b: within 7 days after the event occurs. Registration of product certificates
272A: Registration of product certificates
1: The chief executive must register a product certificate if satisfied that—
a: the certificate—
i: is in the form (if any) approved by the chief executive; and
ii: includes the prescribed information (if any); and
b: the proprietor of the building product or building method to which the certificate relates has paid the prescribed fee (if any).
2: As soon as practicable after receiving notice under section 272
a: decide whether to register the certificate; and
b: notify the issuing registered PCB and the proprietor of the decision (including the reasons, if the certificate is not registered).
272B: Suspension of registration of product certificate
Automatic suspension
1: The registration of a product certificate is automatically suspended if the certificate is suspended under section 271 Suspension by chief executive
2: The chief executive may suspend the registration of a product certificate for a specified period if satisfied that—
a: the responsible PCB has failed to comply with any product certification scheme rules; or
b: the proprietor of the building product or building method has failed to comply with any product certification scheme rules. Notification
3: If the registration of a product certificate is suspended under subsection (1) or (2)
a: notify each of the following in writing of the suspension (including the reasons for it and the effect of section 272D(1)﻿(b)
i: the responsible PCB:
ii: the proprietor of the building product or building method; and
b: update the register accordingly.
272C: Lifting of suspension of registration of product certificate
Automatic suspension
1: If the registration of a product certificate is suspended under section 272B(1) Suspension by chief executive
2: If the registration of a product certificate is suspended under section 272B(2)
a: in the case of a suspension under section 272B(2)﻿(a) section 269
b: in the case of a suspension under section 272B(2)﻿(b)
3: The application must—
a: be made in writing by the proprietor of the building product or building method; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: However, the fee (if any) is not payable if the registration of the product certificate was suspended under section 272B(2)﻿(a)
5: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly.
272D: Revocation of registration of product certificate
1: The registration of a product certificate is automatically revoked—
a: if the certificate is revoked under section 271
b: if the registration is suspended under section 272B(2)
2: However, if—
a: the registration of a product certificate was suspended under section 272B(2)
b: before the end of the suspension period, an application is made under section 272C(2)
c: at the end of the suspension period the application has not been decided,— the period referred to in subsection (1)﻿(b)
3: If the registration of a product certificate is revoked, the chief executive must—
a: notify the proprietor in writing of the revocation (including the reasons for it); and
b: remove the certificate from the register. Product certification scheme rules
272E: Product certification scheme rules
1: The chief executive may make rules for the operation of the product certification scheme under this subpart.
2: The rules may (without limitation) include rules relating to 1 or more of the following:
a: how the scheme parties are to perform their functions under this Act:
b: how building products and building methods are to be evaluated:
c: the resolution of disputes between scheme parties:
d: procedural and administrative matters.
3: The rules may also supplement regulations made under section 402(1)﻿(tb)﻿(ii) or (u)﻿(i) or (ii)
4: However, the chief executive must not make rules under subsection (3)
a: set out matters of detail to elaborate on matters provided for in the regulations; or
b: set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
c: set out how requirements imposed by the regulations may or must be met; or
d: otherwise supplement matters of general principle set out in the regulations.
5: In this section, scheme party
a: the product certification accreditation body:
b: an accredited PCB:
c: a registered PCB:
d: the proprietor of a building product or building method that has a current product certificate (whether registered or not).
6: Rules made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
272F: Procedure for making product certification scheme rules
1: Before making product certification scheme rules, the chief executive must—
a: publicly notify the proposal to make the rules; and
b: give persons at least 20 working days to make submissions on the proposal; and
c: consider those submissions.
2: The notice must include the following:
a: a detailed statement of the proposed rules, including any transitional arrangements (which may, but need not, include a copy of the proposed rules):
b: the reasons for making the rules:
c: the date on which the rules will come into force:
d: details of how, and by when, submissions may be made.
3: The chief executive need not comply with subsection (1) Offences relating to product registration scheme
272G: Offence to misrepresent status as product certification body
1: A person who is not a registered PCB must not perform any of the functions of a registered PCB.
2: A person who fails to comply with subsection (1)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
3: A person must not, in any other way, represent themselves as being any of the following if that is not the case:
a: an accredited PCB:
b: a registered PCB:
c: authorised to issue product certificates.
4: A person who fails to comply with subsection (3)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000.
272H: Offence to misrepresent product certificate
1: A person must not represent something as any of the following if that is not the case:
a: having a current product certificate:
b: having a registered product certificate:
c: having been evaluated and certified under the product certification scheme under this subpart.
2: A person who fails to comply with subsection (1)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
68: New subpart 7A of Part 3 inserted
After section 272H section 67
7A: Responsibilities relating to modular component manufacturers
Appointment of modular component manufacturer certification accreditation body
272I: Appointment of modular component manufacturer certification accreditation body
The chief executive may—
a: appoint a person as the modular component manufacturer certification accreditation body; and
b: revoke the appointment at any time. Accreditation of modular component manufacturer certification bodies
272J: Accreditation of modular component manufacturer certification body
1: The MCMC accreditation body may, on application, and on payment of the prescribed fee (if any), accredit a person as a modular component manufacturer certification body if satisfied that they—
a: have the ability to perform the relevant functions competently, impartially, consistently, transparently, and accountably; and
b: have policies, procedures, and systems in place that—
i: will result in them performing their functions as required by paragraph (a)
ii: comply with any requirements prescribed by regulations made under section 402(1)﻿(ub)﻿(i)﻿(A)
c: comply with any other criteria and standards for accreditation prescribed by regulations made under section 402(1)﻿(ub)﻿(i)﻿(B)
d: comply with any MCM scheme rules made under section 272ZG(3) paragraphs (b)﻿(ii) and (c)
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
3: In this section, relevant functions
272K: Audit of accredited MCMCB
1: The MCMC accreditation body must audit each accredited MCMCB—
a: at least once in every 12 months; and
b: more frequently if required by the regulations.
2: The purpose of an audit is to ascertain whether—
a: the person continues to meet the criteria for accreditation in section 272J
b: there are grounds to suspend or revoke their accreditation under section 272L
3: In carrying out an audit, an MCMC accreditation body must—
a: take into account any matters specified in regulations made under section 402(1)﻿(ub)﻿(ii)﻿(B)
b: comply with any other requirements prescribed by regulations made under section 402(1)﻿(ub)﻿(ii)﻿(C)
4: The MCMC accreditation body may charge the person being audited the prescribed fee (if any) for conducting the audit.
272L: Suspension or revocation of accreditation of MCMCB
1: The MCMC accreditation body may suspend or revoke a person’s accreditation as a modular component manufacturer certification body if satisfied that they—
a: no longer meet the criteria for accreditation in section 272J
b: have failed to comply with any MCM scheme rules.
2: However, if—
a: regulations made for the purposes of section 272J(1)﻿(b)﻿(ii) or (c)
b: a person ceases to meet the criteria in section 272J the MCMC accreditation body cannot suspend or revoke their accreditation under subsection (1)﻿(a)
3: The period of a suspension must allow the person a reasonable period to again meet the criteria in section 272J
4: The MCMC accreditation body must lift the suspension of a person’s accreditation if satisfied that they again meet those criteria or have rectified the failure.
5: If the suspension is not lifted before the end of the suspension period, the MCMC accreditation body may revoke the accreditation.
6: Before suspending or revoking a person’s accreditation under subsection (1) or (5)
a: notify the person in writing of the intention to do so and the reasons for it; and
b: give the person a reasonable opportunity to be heard.
7: If the MCMC accreditation body suspends, lifts the suspension of, or revokes a person’s accreditation, it must notify the person in writing of—
a: its decision and the reasons for it; and
b: the effect of section 272P(1), 272Q(1), or 272R(1)﻿(a)
8: The chief executive may exercise the powers of the MCMC accreditation body under this section (whether or not that body has exercised those powers in relation to the same person in the same period).
272M: Notification to chief executive by MCMC accreditation body
1: The MCMC accreditation body must notify the chief executive when it does any of the following:
a: accredits a person as a modular component manufacturer certification body:
b: suspends, or lifts the suspension of, a person’s accreditation:
c: revokes a person’s accreditation.
2: The notification must be given—
a: in the manner notified in writing by the chief executive to the MCMC accreditation body; and
b: within 7 days after the event occurs. Registration of modular component manufacturer certification bodies
272N: Registration of modular component manufacturer certification body
1: The chief executive may, on application, and on payment of the prescribed fee (if any), register a person as a modular component manufacturer certification body if satisfied that they—
a: are an accredited MCMCB; and
b: meet any prescribed requirements to have adequate means to cover any civil liabilities that may arise in the performance of their functions under this Act; and
c: meet any other prescribed criteria and standards for registration.
2: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
3: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to register the applicant; and
b: notify the applicant in writing of the decision (including the reasons, if the application is declined).
272O: Audit of registered MCMCB
The chief executive must audit a registered MCMCB at least once in every 3 years to ascertain whether—
a: they continue to meet the criteria for registration in section 272N
b: there are grounds to suspend or revoke their registration under section 272P
272P: Suspension of registration of MCMCB
Automatic suspension
1: A person’s registration as a modular component manufacturer certification body is automatically suspended if their accreditation is suspended under section 272L Suspension by chief executive
2: The chief executive may suspend a person’s registration as a modular component manufacturer certification body if satisfied that they—
a: no longer meet the criteria for registration in section 272N
b: have failed to comply with any MCM scheme rules.
3: However, if—
a: regulations made for the purposes of section 272N(1)﻿(b) or (c)
b: a person ceases to meet the criteria in section 272N the chief executive cannot suspend their registration under subsection (2)﻿(a)
4: Before suspending a person’s registration under subsection (2)
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard. Notification
5: If a person’s registration is suspended under subsection (1) or (2)
a: notify them in writing of the suspension (including the reasons for it and the effect of section 272R(1)﻿(b)
b: update the register accordingly; and
c: take all reasonable steps to notify certified MCMs for whom the person is the responsible MCMCB.
272Q: Lifting of suspension of registration of MCMCB
Automatic suspension
1: If a person’s registration is suspended under section 272P(1) Suspension by chief executive
2: If a person’s registration is suspended under section 272P(2)
a: again meet the criteria for registration in section 272N
b: have otherwise rectified the failure that led to the suspension.
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly.
272R: Revocation of registration of MCMCB
1: A person’s registration as a modular component manufacturer certification body is automatically revoked if—
a: their accreditation is revoked under section 272L
b: their registration is suspended under section 272P(2)
2: However, if—
a: a person’s registration was suspended under section 272P(2)
b: within 12 months of the suspension being imposed the person applied under section 272Q(2)
c: at the end of those 12 months the application has not been decided,— the 12-month period referred to in subsection (1)﻿(b)
3: If a person’s registration is revoked, the chief executive must—
a: notify them in writing of the revocation (including the reasons for it); and
b: remove their name from the register.
272S: Urgent suspension of registration of MCMCB
1: The chief executive may suspend a person’s registration as a modular component manufacturer certification body if the chief executive has reasonable grounds to suspect that—
a: they have—
i: certified a manufacturer knowing that its modular components are likely to cause injury or death even if used in accordance with the manufacturer’s instructions; or
ii: certified as a modular component manufacturer a person who does not meet the criteria for certification in section 272U
iii: otherwise failed to properly exercise their powers or perform their functions; and
b: that conduct creates a risk of injury or death to any person or a risk to public safety that is sufficient to justify the immediate suspension of the person’s registration.
2: The chief executive may suspend the person’s registration without giving them prior notice.
3: If a person’s registration is suspended under this section, the chief executive must—
a: notify them in writing of the suspension (including the reasons for it); and
b: update the register accordingly; and
c: take all reasonable steps to notify certified MCMs for whom the person is the responsible MCMCB; and
d: conduct an investigation under section 272T
272T: Investigation following urgent suspension
1: After suspending a person’s registration under section 272S
a: they have engaged in conduct referred to in section 272S(1)﻿(a)
b: there are grounds to suspend or revoke the person’s accreditation or registration under section 272L or 272P
2: The investigation may be conducted by the MCMC accreditation body on behalf of the chief executive.
3: After completing the investigation, the chief executive must do 1 of the following:
a: lift the suspension:
b: suspend or revoke the person’s accreditation under section 272L
c: suspend the person’s registration under section 272P
4: If the chief executive has not done any of the things mentioned in subsection (3)
5: If the person’s suspension is lifted under subsection (3)﻿(a) or (4)
a: notify them in writing of the lifting of the suspension; and
b: update the register accordingly.
6: This section does not limit the chief executive in taking any other investigative or enforcement action under this Act the chief executive considers appropriate. Certification of modular component manufacturers
272U: Certification of modular component manufacturer
1: A registered MCMCB may, on application, and on payment of the prescribed fee (if any), certify a person as a modular component manufacturer if satisfied that they—
a: have the ability to competently and reliably—
i: manufacture modular components of the kind the person is to be certified to manufacture to a standard that complies with the building code; and
ii: design modular components of the kind (if any) the person is to be certified to design to a standard that complies with the building code; and
b: have policies, procedures, and systems that—
i: will result in them performing their functions as required by paragraph (a)
ii: comply with any requirements prescribed by regulations made under section 402(1)﻿(uc)﻿(i)﻿(A)
c: comply with any other criteria and standards for certification prescribed by regulations made under section 402(1)﻿(uc)﻿(i)﻿(B)
d: comply with any MCM scheme rules made under section 272ZG(3) paragraphs (b)﻿(ii) and (c)
2: The certification must specify—
a: the kinds of modular components the person is certified to manufacture; and
b: the kinds of modular components (if any) the person is certified to design.
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: set out—
i: the kinds of modular components that the person seeks to be certified to manufacture; and
ii: the kinds of modular components (if any) that the person seeks to be certified to design; and
d: include the prescribed information (if any).
272V: Audit of certified MCM
1: A registered MCMCB must audit each certified MCM for whom it is the responsible MCMCB—
a: at least once in every 12 months; and
b: more frequently if required by the regulations.
2: However, subsection (1)
3: A registered MCMCB may audit a certified MCM for whom it is not the responsible MCMCB at the request of the certified MCM.
4: The purpose of an audit is to ascertain whether—
a: the modular component manufacturer continues to meet the criteria for certification in section 272U
b: there are grounds to suspend or revoke the person’s certification under section 272W
5: In carrying out an audit, a registered MCMCB must—
a: take into account any matters specified in regulations made under section 402(1)﻿(uc)﻿(ii)﻿(B)
b: comply with any other requirements prescribed by regulations made under section 402(1)﻿(uc)﻿(ii)﻿(C)
272W: Suspension or revocation of certification of MCM
1: The responsible MCMCB for a certified MCM may suspend or revoke the person’s certification if satisfied that they—
a: no longer meet the criteria for certification in section 272U
b: have failed to comply with any MCM scheme rules; or
c: have not been audited within the previous 12 months (or any shorter period prescribed for the purposes of section 272V(1)﻿(b)
2: Subsection (1)﻿(b)
3: However, if—
a: regulations made for the purposes of section 272U(1)﻿(b)﻿(ii) or (c)
b: a person ceases to meet the criteria in section 272U the responsible MCMCB cannot suspend or revoke their certification under subsection (1)﻿(a)
4: The period of a suspension must allow the person a reasonable period to again meet the criteria in section 272U
5: The responsible MCMCB must lift the suspension of a person’s certification if satisfied that they again meet those criteria or have been audited.
6: If the suspension is not lifted before the end of the suspension period, the responsible MCMCB may revoke the certification.
7: Before suspending or revoking a person’s certification, the responsible MCMCB must—
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard.
8: If the responsible MCMCB suspends, lifts the suspension of, or revokes a person’s certification, it must notify the person in writing of—
a: its decision and the reasons for it; and
b: the effect of section 272ZA(1), 272ZB(1), or 272ZC(1)﻿(a)
9: If a person’s certification is suspended or revoked, the responsible MCMCB must notify them in writing of the suspension or revocation and the reasons for it.
10: The chief executive may exercise the powers of a responsible MCMCB under this section (whether or not the responsible MCMCB has exercised those powers in relation to the same manufacturer in the same period).
272X: Notification to chief executive by registered MCMCB
1: A registered MCMCB must notify the chief executive when it does any of the following:
a: certifies a person as a modular component manufacturer:
b: suspends, or lifts the suspension of, a person’s certification:
c: revokes a person’s certification:
d: becomes the responsible MCMCB for a modular component manufacturer as a result of carrying out an audit under section 272V(3)
2: The notification must be given—
a: in the manner notified in writing by the chief executive to the registered MCMCB; and
b: within 7 days after the event occurs. Registration of modular component manufacturers
272Y: Registration of modular component manufacturer
1: The chief executive may, on application, and on payment of the prescribed fee (if any), register a person as a modular component manufacturer if satisfied that they—
a: are a certified MCM; and
b: meet any prescribed requirements to have adequate means to cover any civil liabilities that may arise in relation to their manufacture and design (if applicable) of modular components; and
c: comply with any other prescribed criteria and standards for registration.
2: A person who is registered under subsection (1)
a: the manufacture of modular components of the kind they are certified to manufacture under section 272U
b: the design of modular components of the kind (if any) they are certified to design under section 272U
3: The application must—
a: be made in writing; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to register the applicant; and
b: notify the applicant in writing of the decision (including the reasons, if the application is declined).
272Z: Audit of registered MCM
The chief executive must audit a registered MCM at least once in every 3 years to ascertain whether—
a: they continue to meet the criteria for registration in section 272Y
b: there are grounds to suspend the person’s registration under section 272ZA
272ZA: Suspension of registration of MCM
Automatic suspension
1: A person’s registration as a modular component manufacturer is automatically suspended if their certification is suspended under section 272W Suspension by chief executive
2: The chief executive may suspend a person’s registration as a modular component manufacturer if satisfied that—
a: the person no longer meets the criteria for registration in section 272Y
b: the person has failed to comply with any MCM scheme rules; or
c: the responsible MCMCB for the person has failed to comply with any MCM scheme rules.
3: However, if—
a: regulations made for the purposes of section 272Y(1)﻿(b) or (c)
b: a person ceases to meet the criteria in section 272Y the chief executive cannot suspend their registration under subsection (2)
4: Before suspending a person’s registration under subsection (2)
a: notify them in writing of the intention to do so and the reasons for it; and
b: give them a reasonable opportunity to be heard. Notification
5: If a person’s registration is suspended under subsection (1) or (2)
a: notify them in writing of the suspension (including the reasons for it and the effect of section 272ZC(1)﻿(b)
b: update the register accordingly.
272ZB: Lifting of suspension of registration of MCM
Automatic suspension
1: If a person’s registration is suspended under section 272ZA(1) Suspension by chief executive
2: If a person’s registration is suspended under section 272ZA(2)
a: in the case of a suspension under section 272ZA(2)﻿(a) or (c) section 272Y
b: in the case of a suspension under section 272ZA(2)﻿(b)
3: The application must—
a: be made in writing by the modular component manufacturer; and
b: be made in the prescribed manner (if any); and
c: include the prescribed information (if any).
4: However, the fee (if any) is not payable if the person’s registration was suspended under section 272ZA(2)﻿(c)
5: As soon as practicable after receiving the application, the chief executive must—
a: decide whether to lift the suspension; and
b: notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and
c: if the suspension is lifted, update the register accordingly.
272ZC: Revocation of registration of MCM
1: A person’s registration as a modular component manufacturer is automatically revoked if—
a: their certification is revoked under section 272W
b: their registration is suspended under section 272ZA(2)
2: However, if—
a: a person’s registration was suspended under section 272ZA(2)
b: within 12 months of the suspension being imposed the person applied under section 272ZB(2)
c: at the end of those 12 months the application has not been decided,— the 12-month period referred to in subsection (1)﻿(b)
3: If a person’s registration is revoked, the chief executive must—
a: notify them in writing of the revocation (including the reasons for it); and
b: remove their name from the register.
272ZD: Urgent suspension of registration of MCM
1: The chief executive may suspend a person’s registration as a modular component manufacturer if the chief executive has reasonable grounds to suspect that—
a: they have—
i: manufactured modular components that are likely to cause injury or death even if used in accordance with the manufacturer’s instructions; or
ii: in connection with their modular components, failed to comply with this Act or any MCM scheme rules; and
b: that conduct creates a risk of injury or death to any person or a risk to public safety that is sufficient to justify the immediate suspension of the person’s registration.
2: The chief executive may suspend the person’s registration without giving them prior notice.
3: If a person’s registration is suspended under this section, the chief executive must—
a: notify them in writing of the suspension (including the reasons for it); and
b: update the register accordingly; and
c: conduct an investigation under section 272ZE
272ZE: Investigation following urgent suspension
1: After suspending a person’s registration under section 272ZD
a: they have engaged in conduct referred to in section 272ZD
b: there are grounds to suspend or revoke the person’s certification or registration under section 272W or 272ZA
2: The investigation may be conducted by the MCMC accreditation body on behalf of the chief executive.
3: After completing the investigation, the chief executive must do 1 of the following:
a: lift the suspension:
b: suspend or revoke the person’s certification under section 272W
c: suspend the person’s registration under section 272ZA(2)
4: If the chief executive has not done any of the things mentioned in subsection (3)
5: If the person’s suspension is lifted under subsection (3)﻿(a) or (4)
a: notify them in writing of the lifting of the suspension; and
b: update the register accordingly.
6: This section does not limit the chief executive in taking any other investigative or enforcement action under this Act the chief executive considers appropriate. Manufacturer’s certificates for modular components
272ZF: Registered MCM may issue certificate for modular components
1: A registered MCM who is certified to manufacture a modular component may issue a certificate for that component relating to its compliance with the building code or relevant building consent for the purposes of 1 or more of sections 19(1)﻿(da), 45(1)﻿(bb) or (bc), and 92(3) or (3A)
2: The certificate must—
a: be in the form (if any) approved by the chief executive; and
b: include the prescribed information; and
c: be issued in accordance with any prescribed requirements.
3: The certificate—
a: takes effect when it is issued by the manufacturer; and
b: remains current until the first of the following occurs:
i: the manufacturer revokes the certificate:
ii: the manufacturer ceases to be a registered MCM.
4: Regulations prescribing requirements for subsection (2)
a: may prescribe requirements for all modular components or any class or classes of modular components:
b: may prescribe different requirements for different modular components or classes of modular components:
c: may prescribe different requirements for different manufacturers or classes of manufacturers:
d: may prescribe different requirements depending on when the certificate is issued:
e: may otherwise make different provision for different cases on any differential basis. MCM scheme rules
272ZG: MCM scheme rules
1: The chief executive may make rules for the operation of the modular component manufacturer certification scheme under this subpart.
2: The rules may (without limitation) include rules relating to 1 or more of the following:
a: how the scheme parties are to perform their functions under this Act:
b: how modular component manufacturers are to be evaluated:
c: resolution of disputes between scheme parties:
d: procedural and administrative matters.
3: 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)
4: However, the chief executive must not make rules under subsection (3)
a: set out matters of detail to elaborate on matters provided for in the regulations; or
b: set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
c: set out how requirements imposed by the regulations may or must be met; or
d: otherwise supplement matters of general principle set out in the regulations.
5: In this section, scheme party
a: the MCMC accreditation body:
b: an accredited MCMCB:
c: a registered MCMCB:
d: a certified MCM:
e: a registered MCM.
6: Rules made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
272ZH: Procedure for making MCM scheme rules
1: Before making MCM scheme rules, the chief executive must—
a: publicly notify the proposal to make the rules; and
b: give persons at least 20 working days to make submissions on the proposal; and
c: consider those submissions.
2: The notice must include the following:
a: a detailed statement of the proposed rules, including any transitional arrangements (which may, but need not, include a copy of the proposed rules):
b: the reasons for making the rules:
c: the date on which the rules will come into force:
d: details of how, and by when, submissions may be made.
3: The chief executive need not comply with subsection (1) Offences relating to modular component manufacturer scheme
272ZI: Offence 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)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
4: A person must not, in any other way, represent themselves as being any of the following if that is not the case:
a: the MCMC accreditation body:
b: authorised to accredit modular component manufacturer certification bodies:
c: an accredited MCMCB:
d: a registered MCMCB:
e: authorised to certify modular component manufacturers:
f: a certified MCM:
g: a registered MCM.
5: A person who fails to comply with subsection (4)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000.
272ZJ: Offence to misrepresent modular component as manufactured by registered MCM
1: A person must not misrepresent a modular component as being any of the following if that is not the case:
a: manufactured by a registered MCM:
b: a modular component to which section 19(1)﻿(da)
2: A person who fails to comply with subsection (1)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
69: Section 273 amended (Chief executive must keep registers)
Replace section 273(1)﻿(d) and (e)
d: a register of product certification bodies for the purposes of sections 267A to 267E
e: a register of product certificates for the purposes of sections 272A to 272D
f: a register of modular component manufacturer certification bodies for the purposes of sections 272N to 272T
g: a register of modular component manufacturers for the purposes of sections 272Y to 272ZE
70: Section 274 amended (Purpose of registers)
1: Replace section 274(a)﻿(iv) and (v)
iv: in the case of the register of product certification bodies, the names and contact details of registered PCBs and persons whose registration as a product certification body is suspended; and
v: in the case of the register of product certificates, which building products and building methods have registered product certificates; and
vi: in the case of the register of modular component manufacturer certification bodies, the names and contact details of registered MCMCBs and persons whose registration as a modular component manufacturer certification body is suspended; and
vii: in the case of the register of modular component manufacturers, the following details of registered MCMs and persons whose registration as a modular component manufacturer is suspended:
A: their name and contact details; and
B: the kind of modular components they are certified to manufacture; and
C: the kind of modular components (if any) they are certified to design.
2: In section 274(b) chief executive and other persons and bodies
71: Section 275 amended (Content of register of building consent authorities)
In section 275(a) section 203(2)﻿(c) section 203C
72: Section 289 amended (Duty to produce evidence of being licensed)
In section 289
2: A person who fails to comply with subsection (1)
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $5,000.
73: Section 302 amended (Obligation to notify Registrar of change in circumstances)
After section 302(2)
3: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $5,000.
74: Section 314 amended (Offences relating to licensing)
1: In section 314(1) commits an offence if the person holds himself or herself must not hold themselves
2: Replace section 314(2) to (4)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $50,000.
75: Section 326 amended (Failure to comply with summons)
1: In section 326(1) commits an offence if he or she, without sufficient cause, must
2: In section 326(1)﻿(a) fails to
3: In section 326(1)﻿(b) to (e) does not
4: In section 326(1)﻿(a), (b), (c), and (d) ; or ; and
5: Replace section 326(2)
2: A person who fails to comply with subsection (1) without sufficient cause—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $5,000.
76: Section 362B amended (Meaning of building work and residential building contract)
In section 362B(1) residential building contract
b: does not include a subcontracting agreement between a building contractor and a building subcontractor; and
c: does not include an agreement that relates to the purchase from a registered MCM of a modular component that is a household unit where the purchaser of the modular component intends to on-sell it.
77: Section 362D amended (Building contractor must provide information before residential building contract entered into)
1: In section 362D(5) commits an offence who must not
2: In section 362D(5) makes make
3: Replace section 362D(6)
6: A person who fails to comply with subsection (5)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000.
78: Section 362H amended (When provisions relating to implied warranties apply)
After section 362H(3)
4: However, subsection (3)﻿(a) does not apply to the manufacture of a household unit by a registered MCM who is certified to manufacture the household unit.
79: Section 362I amended (Implied warranties for building work in relation to household units)
1: In section 362I(1)﻿(a)﻿(iii) consent (if any)
2: In section 362I(1)﻿(b) and (f) materials building products
80: Section 362M amended (Remedies if breach of warranty can be remedied)
In section 362M(2) materials building products
81: Section 362Q amended (Building contractor or on-seller must remedy defect notified within 1 year of completion)
In section 362Q(3) materials building products
82: Section 362T amended (Building contractor must provide prescribed information and documentation on completion of residential building work)
In section 362T(2)﻿(b) authority (if any)
83: Section 362V amended (Offence for commercial on-seller to transfer household unit without code compliance certificate)
1: In section 362V(1) commits an offence if the commercial on-seller does either or both must not do either
2: In section 362V(1)﻿(a) completes complete
3: In section 362V(1)﻿(b) allows allow
4: Replace section 362V(3)
3: If a household unit is a modular component manufactured by a registered MCM who is certified to design and manufacture it, subsection (1) does not apply to the sale of the household unit by the manufacturer.
5: After section 362V(4)
4A: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $300,000:
ii: in the case of a body corporate, to a fine not exceeding $1,500,000.
84: New Part 4B inserted
After section 362V
4B: Building product information requirements
362VA: Building product information requirements may be prescribed
1: Regulations may be made under section 402(1)﻿(xg)
2: The information requirements for a building product may specify—
a: what information must be disclosed in relation to the building product; and
b: who must disclose the information and to whom; and
c: when the information must be disclosed.
3: Without limiting subsection (2)﻿(a)
a: the building product:
b: the manufacturer, supplier, or other person connected with the supply of the building product:
c: the installation, use, maintenance, or disposal of the building product:
d: any warnings, bans, or other restrictions in force in relation to the building product.
4: The information requirements for a building product may also specify any of the following:
a: the form and manner in which information must be disclosed:
b: how information must be obtained or verified before it is disclosed:
c: requirements for reviewing and updating information:
d: requirements for retaining copies of, or keeping records about, information:
e: any other requirements that are necessary or desirable to administer and enforce compliance with the information requirements.
5: Regulations prescribing information requirements for building products—
a: may prescribe requirements for a particular building product or a class or classes of building products:
b: may prescribe different requirements for different building products or classes of building products:
c: may prescribe different requirements for different manufacturers, suppliers, or other persons, or classes of such persons:
d: may otherwise make different provision for different cases on any differential basis.
362VB: Failure 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
2: A person must not, in trade, do any of the following with the building product unless the person complies with the information requirements:
a: supply the building product in New Zealand:
b: offer to supply the building product in New Zealand:
c: advertise the supply of the building product in New Zealand:
d: import the product into New Zealand for the purpose of supply.
3: A person who fails to comply with subsection (2)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $10,000:
ii: in the case of a body corporate, to a fine not exceeding $30,000.
362VC: False or misleading representations in relation to building products
1: A person must not, in trade, make a relevant representation about a building product that is—
a: unsubstantiated; or
b: false or misleading in a material particular or because of a material omission.
2: A relevant representation
a: the supply, or possible supply, of the building product; or
b: the promotion of the supply of the building product.
3: A representation is unsubstantiated
4: However, subsection (1)﻿(a)
5: A person who fails to comply with subsection (1)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $200,000:
ii: in the case of a body corporate, to a fine not exceeding $600,000.
362VD: Defences for offences against sections 362VB and 362VC
1: This section provides defences to a prosecution for an offence against section 362VB(2) or 362VC(1)
2: It is a defence if the defendant proves that the failure to comply with section 362VB(2) or 362VC(1)
a: a reasonable mistake; or
b: reasonable reliance on information supplied to the defendant by another person.
3: It is a defence if the defendant proves that—
a: the failure to comply with section 362VB(2) or 362VC(1)
i: the act or omission of another person; or
ii: an accident or to some other cause beyond the defendant’s control; and
b: the defendant took reasonable precautions and exercised due diligence to avoid the failure.
4: In relation to a failure to comply with section 362VB(2)﻿(c) or 362VC(1)
a: are in the business of publishing, or arranging for the publication of, advertisements; and
b: published, or arranged the publication of, the advertisement on behalf of another person in the ordinary course of that business; and
c: did not know, and had no reason to suspect, that the publication of the advertisement would constitute an offence.
5: See also Notice to take corrective action
362VE: Notice 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
a: remedy the non-compliance; or
b: ensure that the non-compliance is not continued or repeated.
3: The notice must—
a: be in writing; and
b: specify a reasonable period within which the required steps must be taken.
362VF: Compliance with notice to take corrective action
1: A person who has been given a notice to take corrective action by the chief executive must comply with it within the period specified in it.
2: A person who fails to comply with subsection (1)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $10,000:
ii: in the case of a body corporate, to a fine not exceeding $30,000.
85: Section 365 amended (Offence to fail to comply with direction of authorised person)
1: In section 365(1) commits an offence if the person intentionally fails to must
2: Replace section 365(2)
2: A person who intentionally fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $20,000:
ii: in the case of a body corporate, to a fine not exceeding $60,000.
86: Section 366 amended (Offence to impersonate building consent authority or regional authority, etc)
1: In section 366(1) commits an offence if the person impersonates must not impersonate
2: Replace section 366(2)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000.
87: Section 367 amended (Offence to obstruct execution of powers under this Act)
1: In section 367(1) commits an offence if the person wilfully obstructs, hinders, or resists must not wilfully obstruct, hinder, or resist
2: Replace section 367(2)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000.
88: Section 368 amended (Offence to remove or deface notices)
1: In section 368(1) commits an offence if the person must not
2: In section 368(1)﻿(a) removes or defaces remove or deface
3: In section 368(1)﻿(b) incites incite
4: Replace section 368(2)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $150,000.
89: Section 369 amended (Offence to make false or misleading statement)
1: In section 369(1) commits an offence if the person must not
2: In section 369(1)﻿(a) and (b) makes make
3: Replace section 369(2)
2: A person who fails to comply with subsection (1)—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $20,000:
ii: in the case of a body corporate, to a fine not exceeding $60,000.
90: Section 371D amended (Offence to impersonate enforcement officer)
In section 371D(2) $5,000 $50,000
91: Section 378 amended (Time limit for filing charging document)
In section 378 6 months 12 months
92: Section 392 amended (Building consent authority not liable)
Replace section 392(1)﻿(c)
c: a current registered product certificate:
caa: a current manufacturer’s certificate for a modular component:
93: Section 393 amended (Limitation defences)
1: In section 393(1)﻿(a) any building or the manufacture of a modular component manufactured by a registered MCM who is certified to manufacture it
2: In section 393(1)﻿(b) building or the modular component
94: Section 401 amended (Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code)
Replace section 401(1)﻿(c)
c: the circumstances in which building products or building methods that have a current registered product certificate must be used.
95: Section 402 amended (Regulations: general)
1: In section 402(1)﻿(i) which rules made under section 353
2: In section 402(1)﻿(k) information that is required to accompany applications or is otherwise
3: Repeal section 402(1)﻿(t)﻿(iv)
4: In section 402(1)﻿(ta) , 257(a), or 262(1)﻿(a), or 257,
5: After section 402(1)﻿(ta)
tb: prescribing, in relation to product certification bodies,—
i: the fees payable under section 262A for an audit or the rate at which, or method by which, those fees are to be calculated:
ii: for the purposes of section 263(1)
A: requirements for policies, procedures, and systems:
B: other criteria and standards for accreditation:
iii: for the purposes of section 267A
A: requirements to have adequate means to cover civil liabilities:
B: other criteria and standards for registration:
6: Replace section 402(1)﻿(u)
u: prescribing, in relation to product certification bodies,—
i: the criteria and standards for certification of a building product or building method for the purposes of section 269
ii: in relation to reviews under section 270
ua: prescribing the kinds of building products that are modular components for the purposes of the definition of modular component in section 7:
ub: prescribing, in relation to modular component manufacturer certification bodies,—
i: for the purposes of section 272J(1)
A: requirements for policies, procedures, and systems:
B: other criteria and standards for accreditation:
ii: in relation to audits under section 272K
A: the frequency with which audits must be conducted:
B: matters that an MCMC accreditation body must take into account in carrying out an audit:
C: other requirements that an MCMC accreditation body must comply with in carrying out an audit:
D: the fees payable for an audit or the rate at which, or method by which, those fees are to be calculated:
iii: for the purposes of section 272N
A: requirements to have adequate means to cover civil liabilities:
B: other criteria and standards for registration:
uc: prescribing, in relation to modular component manufacturers,—
i: for the purposes of section 272U(1)
A: requirements for policies, procedures, and systems:
B: other criteria and standards for certification:
ii: in relation to audits under section 272V
A: the frequency with which audits must be conducted:
B: matters that a registered MCMCB must take into account in carrying out an audit:
C: other requirements that a registered MCMCB must comply with in carrying out an audit:
iii: for the purposes of section 272Y
A: requirements to have adequate means to cover civil liabilities:
B: other criteria and standards for registration:
ud: prescribing the information to be included in, and other requirements for, manufacturers’ certificates for modular components for the purposes of section 272ZF
7: After section 402(1)﻿(xf)
xg: prescribing information requirements for building products for the purposes of section 362VA
96: Section 403 amended (Consultation requirements for making regulations)
1: In the heading to section 403 regulations certain regulations and other Orders in Council
2: In section 403(1)﻿(a) section 285 section 9A, 9B
3: In section 403(1)﻿(b) section 400 or section 401 section 400, 401, or 402(1)﻿(xg)
97: Section 405 amended (Incorporation of material by reference into certain instruments, solutions, and methods)
1: In section 405(4)﻿(c) section 41 section 9A, 9B,
2: After section 405(4)﻿(d)
e: product certification scheme rules made under section 272E
f: modular component manufacturer certification scheme rules made under section 272ZG
98: Schedule 1AA amended
1: In Schedule 1AA, clause 1 schedule Part
2: In Schedule 1AA, after clause 6
3: Provisions relating to Legislation Act 2019
7: Application of Part
This Part applies until the main commencement date (as defined in clause 2 of Schedule 1 of the Legislation Act 2019).
8: Publication and status of product certification and MCM scheme rules
1: This clause applies to—
a: product certification scheme rules; and
b: MCM scheme rules.
2: The rules must be—
a: made available on the Ministry’s Internet site ( see subclause (3)
b: notified in the Gazette
3: The chief executive must ensure that the following are publicly available on the Ministry’s Internet site:
a: all product certification scheme rules and MCM scheme rules (including amendments) as they are made; and
b: a consolidated version of each of the product certification scheme rules and MCM scheme rules as in force from time to time.
4: The rules are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
4: Provisions relating to Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021
9: Meanings of building product and building method
1: An existing reference to a building method or product (as defined in section 20, as in force before the commencement date) is to be read as a reference to a building product (as defined in section 9A section 9B
2: Subclause (1)
3: In this clause,— commencement date section 7 existing reference
10: Current PCBs have 6 months to become registered
1: On and after the commencement date, a current PCB is taken to be a registered PCB.
2: If, immediately before the commencement date, the current PCB’s accreditation was suspended, their registration is taken to also be suspended (as if it had been suspended under section 267C(2)
3: However, subclause (1)
a: the person’s registration under section 267A
b: the expiry of 6 months from the commencement date:
c: the revocation of the registration under section 267E
4: The chief executive must update the register kept under section 273(1)﻿(d)
5: In this clause,— commencement date section 66 current PCB
11: Current product certificates become registered
1: On the commencement date, a current certificate becomes a registered product certificate as if it had been registered under section 272A
2: If, immediately before the commencement date, the current certificate was suspended, the registration is taken to also be suspended (as if it had been suspended under section 272B(2)
3: The chief executive must update the register kept under section 273(1)﻿(e)
4: In this clause,— commencement date section 67 current certificate
12: Product certificates for building designs or building design methods
1: If a continued certificate relates to a building design, the certificate provisions apply as if the references in them to a building method included references to a building design.
2: If a continued certificate relates to a building design method, the certificate provisions apply as if the references in them—
a: to a building method included references to a building design method; and
b: to the building method complying with the criteria for certification under section 269(1)
3: In this clause,— certificate provisions section 272E(3) continued certificate clause 11
13: Time limit for filing charging document
Section 378, as in force before the commencement of section 91
99: Schedule 1 amended
1: In Schedule 1, clause 1(1) any component or a building product or an
2: In Schedule 1, clause 1(1) comparable materials are a comparable building product or assembly is
3: In Schedule 1, clause 1(2) any component or a building product or an
4: In Schedule 1, heading to clause 3A material building products
5: In Schedule 1, clause 3A(1)﻿(c) wall and roof materials building products for the walls and roof
6: In Schedule 1, clause 1(2)﻿(a) component building product
7: In Schedule 1, clause 1(3)﻿(b) any component or a building product or an
8: In Schedule 1, clause 1(3)﻿(c) any component or assembly a building product or an assembly incorporated in or associated with a building
9: In Schedule 1, clause 10(c)﻿(ii) material a building product
10: In Schedule 1, clause 11(e) material a building product
11: In Schedule 1, clause 32(1) materials building products
12: In Schedule 1, clause 32(2)﻿(a) and (3)﻿(b) component building product
13: In Schedule 1, clause 36 materials, comparable components, or a comparable assembly building products or a comparable assembly
2: Amendments to other enactments
1: Search and Surveillance Act 2012
100: Amendment to Search and Surveillance Act 2012
This subpart amends the Search and Surveillance Act 2012 2022-09-08 Search and Surveillance Act 2012 If not brought into force earlier by OIC. (See s 2(2).)
101: Schedule amended
In the Schedule The following table is small in size and has 3 columns. This table amends the Schedule in the Search and Surveillance Act 2012 and should be read with that table to provide understanding of the context. 207BC Chief executive may obtain and execute a warrant to enter a household unit or marae and exercise powers of inspection Subpart 3
2: Building (Definition of Restricted Building Work) Order 2011
102: Amendment to Building (Definition of Restricted Building Work) Order 2011
This subpart amends the Building (Definition of Restricted Building Work) Order 2011 2022-09-08 Building (Definition of Restricted Building Work) Order 2011 If not brought into force earlier by OIC. (See s 2(2).)
103: Clause 4 amended (Order does not apply to certain building work or design work)
In clause 4
2: This order does not apply to building work or design work carried out by a registered MCM in the course of designing or manufacturing a modular component.