Section 271 — Building Act 2004: Suspension or revocation of product certificate

271 Suspension or revocation of product certificate (1) A product certification body that performed the certification of a building method or product, or the chief executive, may, at any time, suspend or revoke that product certificate if the product certification body or chief executive has first given the proprietor of the building method or product a reasonable opportunity to be heard, and the product certification body or chief executive is satisfied that— (a) the certificate has been obtained by fraud, misrepresentation, or concealment of facts; or (b) the building method or product no longer meets the prescribed criteria and standards for certification (whether this becomes apparent as a result of an annual review of a product certificate under section 270 or otherwise); or (c) any certification, or similar authorisation issued or granted in respect of that building method or product, has been revoked or cancelled for any reason; or (d) the building code no longer applies to the building method or product because of an amendment to the code. (2) A product certification body that, or chief executive who, suspends a product certificate must— (a) give the proprietor of the building method or product a reasonable period to rectify the matter that led to the suspension of the product certificate; and (b) lift the suspension if it or he or she is satisfied that the product certification body has rectified the matter within that period. (3) A product certification body or the chief executive may revoke the product certificate at the expiry of the period given in subsection (2) if, within that period, the proprietor of the building method or product has not rectified the matter that led to the suspension of the product certificate. (4) Despite subsections (1) and (3), the product certification body or the chief executive must not suspend or revoke a product certificate if— (a) the prescribed criteria and standards for certification are amended; and (b) the building method or product to which the certificate relates no longer meets those criteria and standards solely as a result of the amendments. (5) The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force. Section 271: substituted, on 15 March 2008, by section 52 of the Building Amendment Act 2008 (2008 No 4).