Building (Product Certification) Regulations 2022

  • latest version but not yet in force

2022/172

Coat of Arms of New Zealand

Building (Product Certification) Regulations 2022

Rt Hon Dame Helen Winkelmann, Administrator of the Government

Order in Council

At Wellington this 7th day of June 2022

Present:
Her Excellency the Administrator of the Government in Council

These regulations are made under section 402(1) of the Building Act 2004 on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Building and Construction.

Regulations

1 Title

These regulations are the Building (Product Certification) Regulations 2022.

2 Commencement

These regulations come into force on 7 September 2022.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Building Act 2004

building code means the building code set out in Schedule 1 of the Building Regulations 1992

certificate holder, in relation to a building product or a building method, means the proprietor of the building product or building method to whom, and in respect of which, a product certificate is issued

evaluation plan has the meaning set out in regulation 6(4)

policies, procedures, and systems, in relation to a person, means policies, procedures, and systems that relate to the person’s ability to perform the functions of a product certification body under subpart 7 of Part 3 of the Act competently, impartially, consistently, transparently, and accountably

product certification criteria has the meaning set out in regulation 6(4)

quality plan, in relation to a building product or building method, means the quality plan submitted under regulation 13 in relation to the building product or building method.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Criteria and standards for accreditation as product certification body

5 Requirements for policies, procedures, and systems

To meet the criteria and standards for accreditation as a product certification body required by section 263(1)(b) of the Act, the policies, procedures, and systems that a person has in place—

(a)

must include policies, procedures, and systems that comply with regulation 6; and

(b)

must meet the other requirements in regulation 7.

6 Conformity assessment

(1)

For the purposes of regulation 5(a), a person’s policies, procedures, and systems must address conformity assessment.

(2)

Conformity assessment, in relation to a person, means how the person will—

(a)

assess whether a building product or building method meets the product certification criteria; and

(b)

provide assurance that the building products and building methods that the person certifies meet, and continue to meet, the product certification criteria.

(3)

A person’s policies, procedures, and systems addressing conformity assessment must include—

Organisational and management systems

(a)

organisational and management systems that support the person’s ability to perform the functions of a registered PCB under the Act competently, impartially, consistently, transparently, and accountably; and

Certification of building products and building methods

(b)

the process to be carried out before any building product or building method is certified, which must include—

(i)

identifying the evaluation requirements for the building product or building method; and

(ii)

assessing the quality plan submitted, in accordance with regulation 13, with the application for a product certificate; and

(iii)

carrying out risk assessments of the building product or building method; and

(iv)

producing an evaluation plan; and

(v)

producing a report of the evaluation; and

Acceptance of test reports and technical opinions

(c)

requirements for accepting test reports and technical opinions (for example, minimum requirements that relate to testing facilities).

(4)

In these regulations,—

evaluation plan, in relation to a building product or building method, means a plan that sets out—

(a)

what is to be certified (including scope and limitations of use); and

(b)

the means by which it will be demonstrated that the building product or building method meets the product certification criteria; and

(c)

the timing and method of the audits and inspections to be carried out to ensure that the building product or building method continues to meet the product certification criteria

product certification criteria, in relation to a building product or building method, means—

(a)

the criteria and standards for certification prescribed by regulation 12(1) that relate to that building product or building method; and

(b)

any product certification scheme rules, made under section 272E(3) of the Act to supplement regulation 12(1), that relate to that building product or building method.

7 Other requirements for policies, procedures, and systems

(1)

For the purposes of regulation 5(b), a person’s policies, procedures, and systems must—

Scope of accreditation as product certification body

(a)

be designed to ensure that the only product certification activities that the person carries out are activities that are within the scope of their accreditation; and

Employees and contractors

(b)

be designed to ensure—

(i)

that the person has enough employees and contractors to perform the person’s product certification functions; and

(ii)

that every individual who is allocated or carries out product certification work on the person’s behalf is competent to do that work; and

Written records

(c)

require the making, and keeping, of appropriate written records; and

Disputes and complaints

(d)

include processes for receiving and handling disputes and complaints in an appropriate manner; and

Comply with scheme rules

(e)

be consistent with the relevant product certification scheme rules.

(2)

In this regulation, relevant product certification scheme rules means the product certification scheme rules made under section 272E of the Act (if any) that supplement any provisions of this regulation and regulations 5 and 6.

(3)

In relation to written records, see subpart 3 of Part 4 of the Contract and Commercial Law Act 2017 (which contains provisions relating to, for example, the making of written records in electronic form).

Criteria and standards for registration of product certification body

8 Criteria and standards for registration

To meet the criteria and standards for registration required by section 267A(1)(c) of the Act, an accredited PCB must be a fit and proper person to be registered as a product certification body, by reference to the following attributes:

(a)

their character and integrity:

(b)

their likely ability to maintain an appropriate degree of impartiality and independence in relation to their functions as a registered PCB:

(c)

their reputation for professional conduct:

(d)

their likely ability to conduct business in a responsible and ethical manner.

9 Application for registration

An application for registration as a product certification body must include the following information:

(a)

details of the applicant, including—

(i)

their full legal name; and

(ii)

the physical address of their principal place of business; and

(iii)

their postal address (if different from their physical address); and

(iv)

their other contact details, including their email address and phone number; and

(v)

the address of their Internet site; and

(b)

details of the individual responsible for the application, including—

(i)

their full name; and

(ii)

their title or role (in relation to the applicant); and

(iii)

their contact details, including their email address and phone number; and

(c)

evidence that the applicant is an accredited PCB; and

(d)

information relevant to the chief executive’s assessment as to whether the applicant meets the requirement to be a fit and proper person to be registered as a product certification body, including—

(i)

the information required by regulation 10; and

(ii)

the information relating to conflicts of interest required by regulation 11.

10 Information required under regulation 9(d)(i)

(1)

This regulation sets out the information that an applicant for registration as a product certification body must include in their application for the purposes of regulation 9(d)(i).

(2)

The information in subclause (3) must be provided for each of the following persons:

(a)

the applicant; and

(b)

the individual responsible for the application; and

(c)

every individual responsible for the day-to-day management or control of any of the applicant’s functions as a registered PCB.

(3)

The information is—

(a)

whether, in New Zealand or overseas,—

(i)

any civil claim has been brought or filed against the person in relation to contract or tort and, if so, details of that claim; or

(ii)

the person has been convicted of any offence, or there are pending proceedings for any offence, that the chief executive considers relevant to the chief executive’s assessment of whether the applicant is a fit and proper person, including (without limitation)—

(A)

details of any offence involving dishonesty, fraud, or misrepresentation or any offence under any legislation relating to the building sector; or

(B)

details of the conviction or pending proceedings; or

(iii)

the person has been the subject of any complaint made to, investigation conducted by, or disciplinary action imposed by any person (including any department) acting as regulator, or responsible for administering discipline, under legislation relating to a similar scheme and, if so, details of the complaint, investigation, or disciplinary action; or

(iv)

the person has been refused accreditation in relation to a similar scheme and, if so, details of that refusal; and

(b)

whether the person has any relevant experience (including any experience with similar schemes) and, if so, details of that experience; and

(c)

details of the person’s knowledge, or access to knowledge, of legislation and other regulatory requirements relating to the New Zealand building industry; and

(d)

if the person is an individual, details of—

(i)

any relevant past and current employment; and

(ii)

any relevant qualifications; and

(iii)

any relevant past and current professional body memberships; and

(iv)

any past and current directorships and senior management roles; and

(e)

details of the person’s financial management history, including—

(i)

whether the person has been declared bankrupt or put into liquidation, or had a receiver appointed in relation to any of their assets; and

(ii)

if the person is an individual, whether they were involved in the management or control of an entity at a time when that entity was put into liquidation or had a receiver appointed in relation to any of its assets.

(4)

The information required under subclause (3)(a) does not include details that are suppressed by court order or under legislation.

(5)

The information required under subclause (3)(d)(i), (iii), and (iv) that is past information is required only in respect of the 10-year period before the application is made.

(6)

For the purposes of this regulation,—

similar scheme means a scheme in respect of which a person is responsible for assessing whether, and providing assurance to users that, a product, process, or service meets required criteria or standards

users, in the definition of similar scheme, means users of a product, process, or service assessed by the person referred to in that definition as meeting the required criteria or standards.

11 Information relating to conflicts of interest

(1)

An applicant for registration as a product certification body must include in their application, for the purposes of regulation 9(d)(ii),—

(a)

confirmation that there are no current or reasonably foreseeable relevant conflicts of interest; or

(b)

details of all relevant conflicts of interest that are either current or reasonably foreseeable, and confirmation that the applicant has written procedures for transparently and appropriately managing those conflicts of interest.

(2)

In this clause, relevant conflicts of interest, in relation to an applicant, means—

(a)

conflicts between—

(i)

the applicant’s interests that relate to the applicant’s product certification activities; and

(ii)

the applicant’s other interests; and

(b)

conflicts between—

(i)

the applicant’s interests that relate to the applicant’s product certification activities; and

(ii)

the interests of any of the persons referred to in regulation 10(2)(b) and (c).

Criteria and standards for certification of building products and building methods

12 Criteria and standards for certification

(1)

To meet the criteria and standards for certification required by section 269(1)(a) of the Act, a building product or building method—

(a)

must comply with—

(i)

clause B2 (durability) of the building code; and

(ii)

the provisions of clauses F1 to F9 (safety of users) of the building code that are relevant to the intended use of the building product or building method; and

(iii)

all other provisions of the building code that are relevant to the intended use; and

(b)

must be under the effective control of the person—

(i)

who is, or has applied to be, the certificate holder in respect of the building product or building method; and

(ii)

who complies with regulation 13 and, if applicable, regulation 14.

(2)

See also section 269(1)(b) of the Act (which relates to compliance with supplementary scheme rules).

13 Quality plan for building product or building method sought to be certified

(1)

An applicant for a product certificate must submit with the application a quality plan prepared in respect of the building product or building method sought to be certified.

(2)

The quality plan must—

(a)

specify the procedures to be followed in respect of the building product or building method and the resources to be applied; and

(b)

specify the persons responsible for following those procedures and applying those resources; and

(c)

be consistent with any product certification scheme rules, made under section 272E of the Act to supplement this regulation or regulation 12(1), that relate to the building product or building method.

(3)

The applicant must provide an assurance that the building product or building method to be certified is in accordance with the quality plan.

14 Supply of samples

An applicant for a product certificate in relation to a building product or building method that is a tangible product must, if requested by the registered PCB, submit with the application a sample or samples that are an accurate representation of the product.

Content and annual review of product certificates

15 Content of product certificates

(1)

For the purposes of section 272A(1)(a)(ii) of the Act, a product certificate must include all the information referred to in Schedule 2.

(2)

If the product certificate relates to both a building product and a building method that are to be used together, the information must be given in respect of both the building product and the building method.

(3)

The information must—

(a)

be written in plain English; and

(b)

not be too lengthy, detailed, specific, technical, or complex; but

(c)

be detailed enough to enable users of the product certificate to understand how the certified building product or building method will perform in relation to its intended use.

16 Annual review of product certificates

(1)

For the purposes of section 270(5)(a) of the Act, in carrying out an audit for the purposes of reviewing a product certificate under section 270(1) or (3) of the Act, the registered PCB must take into account the following matters:

(a)

any changes to the building product or building method, including (in the case of a building product) any changes to raw materials used to produce the product; and

(b)

any changes in the ownership or control of the manufacturer of the building product or building method; and

(c)

any changes in the ownership or control of the proprietor of the building product or building method; and

(d)

any changes in any technical documents that relate to the design, installation, use, or maintenance of the building product or building method and that were relied on as part of the assessment for certification of the building product or building method under section 269 of the Act; and

(e)

any of the following of which the PCB is aware in relation to the building product or building method:

(i)

non-conformance with the product certification criteria:

(ii)

non-conformance with the quality plan; and

(f)

any complaints of which the PCB is aware in relation to the building product or building method; and

(g)

any information that the PCB has that may adversely affect the continued reliability of any test reports or technical opinions that formed part of the assessment for certification of the building product or building method (which may, for example, include new information about the test methodology, test facility, or provider of the technical opinion); and

(h)

any changes to regulations 12 to 14 (which relate to the criteria and standards for certification) or to the provisions of the building code referred to in regulation 12(1); and

(i)

any changes to the provisions of the building code that are referenced on the product certificate; and

(j)

any changes to acceptable solutions, verification methods, any standard (within the meaning of section 4(1) of the Standards and Accreditation Act 2015), or other means of compliance that relate to the performance requirements of the building code and intended use of the building product or building method; and

(k)

the matters in subclause (3), if that subclause applies.

(2)

Subclause (3) applies if, in the course of conducting the audit, the registered PCB becomes aware of a matter that suggests that there may be grounds to suspend or revoke the product certificate under section 271 of the Act.

(3)

If this subclause applies, the PCB must also take into account—

(a)

any information that the PCB has that may adversely affect the continued reliability of the evaluation plan produced before certification of the building product or building method; and

(b)

any information that the PCB has that may adversely affect the continued reliability of the risk assessments carried out before certification in relation to the building product or building method; and

(c)

any information that the PCB has that may adversely affect the continued reliability of the quality plan; and

(d)

any information that the PCB has that may adversely affect the reliability of any technical documents relied on as part of the assessment for certification of the building product or building method and that relate to its design, installation, use, or maintenance.

Fees

17 Fees

(1)

The fees set out in Schedule 3 are payable in respect of the matters to which they relate.

(2)

The fees are exclusive of goods and services tax.

Revocations

18 Revocations

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

1 Application for accreditation as product certification body made before 7 September 2022 but not decided before that date

(1)

This clause applies to an application for accreditation as a product certification body if the application is made before 7 September 2022 but has not been decided before that date.

(2)

The criteria and standards in regulations 5 to 7 apply for the purposes of deciding that application.

2 Fees for audits of accredited PCBs commencing before 7 September 2022 but not complete before that date

(1)

This clause applies to an audit of an accredited PCB that has commenced before 7 September 2022 but is not complete before that date.

(2)

The fees that applied under the Building (Product Certification) Regulations 2008 (before their revocation by these regulations) continue to apply in relation to the audit to the extent of—

(a)

work done, and disbursements incurred, before 7 September 2022; and

(b)

audit meetings cancelled before 7 September 2022.

(3)

The fees in items 5 and 6 of the table in Part 1 of Schedule 3 of these regulations apply in relation to the audit to the extent that the work is done, and disbursements incurred, on and from 7 September 2022.

Schedule 2 Content of product certificates

r 15

In accordance with regulation 15, a product certificate must include the following information:

General

(a)

the original date of issue:

(b)

the certificate number:

(c)

the version number:

(d)

the date of last review (if any):

Certificate holder

(e)

the following information about the certificate holder:

(i)

their legal name:

(ii)

their trading name or trading names:

(iii)

their address for service:

(iv)

their email address and phone number:

(v)

their Internet site:

Product certification body

(f)

the following information about the registered PCB for the product certificate:

(i)

their legal name:

(ii)

their trading name, or trading names, in New Zealand:

(iii)

their address for service in New Zealand:

(iv)

their email address and phone number in New Zealand:

(v)

their Internet site:

(vi)

an Internet link to the publicly available information on the registered PCB’s complaint process:

Building product or building method

(g)

a description of the building product or building method that includes the following:

(i)

the name or names of the building product or building method in New Zealand (including the brand or brands used for marketing):

(ii)

the building method’s or building product’s catalogue or model identification number or numbers or other unique identifiers that might be used to identify the building product or building method:

(iii)

in the case of a building product or building method that is a tangible product, the product’s physical attributes:

Intended use

(h)

a description of the intended use of the building product or building method that includes the following:

(i)

the intended use of the building product or building method as described in the building product’s or building method’s manual and other instructional materials:

(ii)

a statement of the function or purpose of the building product or building method:

Building code

(i)

a list of the clauses of the building code with which the building product or building method complies:

(j)

a statement specifying how the building product or building method specifically contributes to compliance with the building code when used as part of a system (if applicable):

Conditions and limitations of use

(k)

a list of any conditions or limitations of conformity for each performance requirement in the building code that the building product or building method is compliant with, including any—

(i)

qualifications on the extent of compliance (including where the building product or building method must be used as part of a system):

(ii)

requirements for the building product’s or building method’s use to be in accordance with the installation instructions and requirements against which the building product or building method was assessed:

(iii)

requirements for people with the qualifications and skills to install or use the building product or building method (other than requirements set by other laws):

(iv)

known or demonstrated circumstances where the building product or building method should not be used:

(l)

a statement as to 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:

Health and safety information

(m)

any health and safety information necessary to ensure that the relevant performance requirements in clauses F1 to F9 of the building code are met:

Signatures

(n)

the signatures of the following persons:

(i)

the product certification body’s authorised representative:

(ii)

the person or persons assigned by the product certification body to make the certification decision in accordance with the product certification body’s policies, procedures, and systems referred to in regulation 6 (which relates to conformity assessment):

Basis for certification

(o)

1 or more statements as to how the performance requirements in the building code are met:

References to supporting documentation for certification

(p)

a list of any acceptable solutions, verification methods, standard (within the meaning of section 4(1) of the Standards and Accreditation Act 2015), or other means of compliance listed against each individual performance requirement the building product or building method is compliant with, and their specific version and date:

(q)

a list of any documents describing tests and evaluations, including their full and correct title, specific version, and date, as relevant to the building product’s or building method’s certification:

(r)

a list of any other documents relied on for certification, or used to prove compliance, including their full title, specific version, and date.

Schedule 3 Fees

r 17

Part 1 Product certification body

Activity MatterFee
Accreditation of product certification body1Application for accreditation as product certification body$8,600
2Any additional time required after first 2 days to assess application for accreditation$2,000 per day, or part of day, per assessor or technical expert
3Expenses incurred as part of accreditation activities under items 1 and 2Amount of reasonable expenses incurred
Registration of product certification body4Application for registration as product certification body$90.15 per hour up to $1,803
Audit of accredited PCB5Audit of accredited PCB under section 262(1)(a) of the Act$2,000 per day, or part of day, per assessor or technical expert
6Expenses incurred as part of audit activities under item 5Amount of reasonable expenses incurred

Part 2 Proprietor of building product or building method

ActivityMatterFee
Registration of product certificateApplication for registration$180.30

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 7 September 2022,—

  • set out criteria and standards for accreditation as a product certification body (regulations 5 to 7):

  • set out criteria and standards and the process for registration as a product certification body (regulations 8 to 11):

  • provide criteria and standards for certification of building methods and building products (regulations 12 to 14):

  • provide for the content and annual review of product certificates (regulations 15 and 16 and Schedule 2):

  • provide for fees for certain types of accreditation, registration, and audits of accredited bodies (regulation 17 and Schedule 3):

  • set out transitional provisions for certain matters that are ongoing at the time these regulations come into force (Schedule 1).

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 20 October 2021 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 9 June 2022.

These regulations are administered by the Ministry of Business, Innovation, and Employment.