could reasonably be expected to be used as a component of a building; or

is declared by the Governor-General by Order in Council to be a building product.

the purposes for which the thing is ordinarily used:

the purposes for which the manufacturer or supplier intends the thing to be used:

the purposes for which the thing is represented as being used for:

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).

for using 1 or more products or things as part of building work; or

for carrying out building work that is declared by the Governor-General by Order in Council to be a building method.

in the case of an individual, to a fine not exceeding $50,000:

in the case of a body corporate, to a fine not exceeding $150,000.

commits an offence; and

is liable on conviction,—

a person who has been registered as a product certification body or modular component manufacturer certification body but whose registration is suspended; and

a person who was, at the time of the conduct in question, a registered PCB or registered MCMCB.

it has failed, or is failing, without good reason to properly perform its functions under this Act; or

it has been, or is, negligent in performing those functions; or

in the case of a registered PCB, it has failed to comply with any product certification scheme rules; or

in the case of a registered MCMCB, it has failed to comply with any MCM scheme rules.

be made in writing; and

be made in the prescribed manner (if any); and

include the prescribed information (if any).

notify the respondent that the complaint has been made; and

decide whether to accept the complaint.

is satisfied that it is vexatious or frivolous; or

otherwise does not believe there may be grounds for disciplinary action.

the chief executive may, but is not required to, seek information or hear from the respondent; and

the respondent may provide information or submissions if requested by the chief executive.

notify the complainant and respondent of that decision; and

commence investigating the complaint.

state that the chief executive has reason to believe that there may be grounds for disciplinary action; and

set out those grounds; and

give the respondent a reasonable opportunity to make written submissions on the matter as part of the investigation.

notify the respondent of that decision; and

commence investigating the matter.

state that the chief executive has reason to believe that there may be grounds for disciplinary action; and

set out those grounds; and

give the respondent a reasonable opportunity to make written submissions on the matter.

must consider the submissions (if any) made by the respondent in accordance with the notice under section 203(6) or 203A(3); and

may otherwise conduct the investigation as the chief executive considers appropriate.

the outcome of the investigation; and

the disciplinary action (if any) being taken (if action is taken under section 203C(1)(f), see also section 272B(3)).

issue a warning to the respondent:

require the respondent to take specified remedial action:

impose limits on the functions that the respondent may perform under this Act:

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:

if paragraph (d) does not apply, suspend or revoke the respondent’s registration:

if the ground for the disciplinary action is that set out in section 201(c), either or both of the following:

if the ground for the disciplinary action is that set out in section 201(d), either or both of the following:

time limits for the taking of the remedial action:

any conditions the chief executive thinks fit:

requirements for the respondent to report to the chief executive on the progress of the remedial action.

taking enforcement action referred to in section 11(m):

exercising the chief executive’s powers under section 26.

the information or document that must be provided; and

how the information or document must be provided; and

a reasonable deadline by which the information or document must be provided.

commits an offence; and

is liable on conviction,—

any person to whom the evidence relates; and

if it was obtained under section 207A from someone else, that other person.

describe what has been provided; and

specify which regulatory body it has been provided to; and

explain why it has been provided.

determining whether a relevant provision has been, or is being, complied with:

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.

inspect any of the following:

enter any premises for the purpose of carrying out an inspection under paragraph (a).

evidence of the person’s identity:

the chief executive’s written authorisation to enter the site:

if the premises is a household unit or marae, the warrant to enter the premises (if required).

subpart 7 of Part 3 (responsibilities relating to product certification):

subpart 7A of Part 3 (responsibilities relating to modular component manufacturers):

Part 4B (building product information requirements).

with the consent of an occupier who is at least 14 years of age; or

in accordance with a warrant issued under this section.

told the occupier the reason for the proposed entry; and

told the occupier that they may consent, or refuse to consent, to the entry.

refusing to issue a national multiple-use approval (see section 30F):

making a determination under section 188:

giving a direction as to costs under section 190(2):

taking disciplinary action under section 203C:

refusing to register a person as any of the following, or suspending or refusing to lift the suspension of any such registration:

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)).

if subsection (1)(a) applies, the applicant for approval:

if subsection (1)(b) or (c) applies, the applicant for the determination or any other party (as defined in section 176):

if subsection (1)(d) applies, the respondent against whom the action is taken:

if subsection (1)(e) applies, the applicant for registration or person whose registration is suspended:

if subsection (1)(f) applies, the proprietor of the building product or building method to which the certificate relates.

have the ability to perform the functions of a registered PCB competently, impartially, consistently, transparently, and accountably; and

have policies, procedures, and systems in place that—

comply with any other criteria and standards prescribed by regulations made under section 402(1)(tb)(ii)(B); and

comply with any product certification scheme rules made under section 272E(3) that supplement the regulations referred to in paragraphs (b)(ii) and (c).

be made in writing; and

be made in the prescribed manner (if any); and

include the prescribed information (if any).

no longer meet the criteria for accreditation in section 263; or

have failed to comply with any product certification scheme rules.

regulations made for the purposes of section 263(1)(b)(ii) or (c) or product certification scheme rules that supplement those regulations are amended; and

a person ceases to meet the criteria in section 263 solely as a result of those amendments,—

notify the person in writing of the intention to do so and the reasons for it; and

give the person a reasonable opportunity to be heard.

its decision and the reasons for it; and

the effect of section 267C(1), 267D(1), or 267E(1)(a) (as applicable).

are an accredited PCB; and

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

meet any other prescribed criteria and standards for registration.

be made in writing; and

be made in the prescribed manner (if any); and

include the prescribed information (if any).

decide whether to register the applicant; and

notify the applicant in writing of the decision (including the reasons, if the application is declined).

they continue to meet the criteria for registration in section 267A; and

there are grounds to suspend or revoke their registration under section 267C.

no longer meet the criteria for registration in section 267A; or

have failed to comply with any product certification scheme rules.

regulations made for the purposes of section 267A(1)(b) or (c) are amended; and

a person ceases to meet the criteria in section 267A solely as a result of those amendments,—

notify them in writing of the intention to do so and the reasons for it; and

give them a reasonable opportunity to be heard.

notify them in writing of the suspension (including the reasons for it and the effect of section 267E(1)(b) (if applicable)); and

update the register accordingly; and

take all reasonable steps to notify the proprietors for whom the person is the responsible PCB.

again meet the criteria in section 267A; or

have otherwise rectified the failure that led to the suspension.

be made in writing; and

be made in the prescribed manner (if any); and

include the prescribed information (if any).

decide whether to lift the suspension; and

notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and

if the suspension is lifted, update the register accordingly.

their accreditation is revoked under section 264; or

their registration is suspended under section 267C(2) and the suspension is not lifted within 12 months after it was imposed.

a person’s registration was suspended under section 267C(2); and

within 12 months of the suspension being imposed, the person applied under section 267D(2) for the suspension to be lifted; and

at the end of those 12 months the application has not been decided,—

notify them in writing of the revocation (including the reasons for it); and

remove their name from the register.

the criteria and standards for certification prescribed by regulations made under section 402(1)(u)(i); and

any product certification scheme rules made under section 272E(3) to supplement those regulations.

be made by the proprietor of the building product or building method; and

include the information specified by the registered PCB (if any).

it continues to comply with the criteria for certification under section 269; and

there are grounds to suspend or revoke the certificate under section 271.

take into account any matters specified in regulations made under section 402(1)(u)(ii) and any product certification scheme rules that supplement those regulations; and

comply with any other requirements prescribed by those regulations and scheme rules, including as to when the audit is conducted.

commits an offence; and

is liable on conviction,—

the certificate was obtained by fraud, misrepresentation, or concealment of facts; or

the building product or building method no longer meets the criteria for certification in section 269; or

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

the building code no longer applies to the building product or building method because of an amendment to the code; or

the proprietor of the building product or building method has failed to comply with any product certification scheme rules; or

the certificate has not been reviewed under section 270 within the previous 12 months.

regulations made for the purposes of section 269 or any product certification scheme rules that supplement those regulations are amended; and

a building product or building method ceases to meet the criteria in that section solely as a result of those amendments,—

notify the proprietor in writing of the intention to do so and the reasons for it; and

give them a reasonable opportunity to be heard.

its decision and the reasons for it; and

the effect of section 272B(1), 272C(1), or 272D(1)(a) (as applicable).

issues a product certificate:

suspends, or lifts the suspension of, a product certificate:

revokes a product certificate:

becomes the responsible PCB for a product certificate as a result of carrying out a review under section 270(3).

in the manner notified in writing by the chief executive to the registered PCB; and

within 7 days after the event occurs.

the certificate—

the proprietor of the building product or building method to which the certificate relates has paid the prescribed fee (if any).

decide whether to register the certificate; and

notify the issuing registered PCB and the proprietor of the decision (including the reasons, if the certificate is not registered).

the responsible PCB has failed to comply with any product certification scheme rules; or

the proprietor of the building product or building method has failed to comply with any product certification scheme rules.

notify each of the following in writing of the suspension (including the reasons for it and the effect of section 272D(1)(b) (if applicable)):

update the register accordingly.

in the case of a suspension under section 272B(2)(a), the building product or building method meets the criteria for certification under section 269; or

in the case of a suspension under section 272B(2)(b), that the proprietor has rectified the failure.

be made in writing by the proprietor of the building product or building method; and

be made in the prescribed manner (if any); and

include the prescribed information (if any).

decide whether to lift the suspension; and

notify the applicant in writing of the decision (including the reasons, if the suspension is not lifted); and

if the suspension is lifted, update the register accordingly.

if the certificate is revoked under section 271; or

if the registration is suspended under section 272B(2) and the suspension is not lifted before the end of the suspension period.

the registration of a product certificate was suspended under section 272B(2); and

before the end of the suspension period, an application is made under section 272C(2) for the suspension to be lifted; and

at the end of the suspension period the application has not been decided,—

notify the proprietor in writing of the revocation (including the reasons for it); and

remove the certificate from the register.

how the scheme parties are to perform their functions under this Act:

how building products and building methods are to be evaluated:

the resolution of disputes between scheme parties:

procedural and administrative matters.

set out matters of detail to elaborate on matters provided for in the regulations; or

set out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or

set out how requirements imposed by the regulations may or must be met; or

otherwise supplement matters of general principle set out in the regulations.

the product certification accreditation body:

an accredited PCB:

a registered PCB:

the proprietor of a building product or building method that has a current product certificate (whether registered or not).

publicly notify the proposal to make the rules; and

give persons at least 20 working days to make submissions on the proposal; and

consider those submissions.

a detailed statement of the proposed rules, including any transitional arrangements (which may, but need not, include a copy of the proposed rules):

the reasons for making the rules:

the date on which the rules will come into force:

details of how, and by when, submissions may be made.

commits an offence; and

is liable on conviction,—

an accredited PCB:

a registered PCB:

authorised to issue product certificates.

commits an offence; and

is liable on conviction,—

having a current product certificate:

having a registered product certificate:

having been evaluated and certified under the product certification scheme under this subpart.

commits an offence; and

is liable on conviction,—