BuiltReady complaints

Modular components

Complaints about a modular component that has been manufactured under a registered manufacturer's scope of certification should, in the first instance, be brought to the attention of the Modular Component Manufacturer (MCM).

Certified and registered Modular Component Manufacturers (MCMs)

Complaints about a certified and registered manufacturer should be directed to the responsible certification body in the first instance. Contact details for the certification body will be provided on the manufacturers certificate and noted on the register of certified manufacturers.

Any complaints that involve a certified manufacturer providing manufacturer's certificates outside of their scope, limitations or conditions of certification should be made to the responsible certification body or Ministry of Business, Innovation and Employment (MBIE). The scope, limitations or conditions of a manufacturer’s certification will be provided on the manufacturer's certificate and the register of certified manufacturers.

If you are not satisfied with the outcome of the certification bodies investigation, you may then refer the complaint to the appointed accreditation body, JASANZ (the Joint Accreditation System of Australia and New Zealand).

JASANZ has been appointed by MBIE as the accreditation body for the BuiltReady Scheme. JASANZ is responsible for assessing, monitoring and accrediting certification bodies.

The certification body should always be given a reasonable timeframe to investigate and resolve a complaint before any complaint is made to JASANZ. What is defined as a reasonable timeframe is likely to depend on a range of factors including the extent and type of the complaint.

MBIE's role is to monitor the performance of JASANZ. Generally, complaints should only be referred to MBIE if JASANZ appear to be failing to fulfil its obligations. However, refer to the section below on section 202 complaints.

Registered Modular Component Manufacturer Certification Bodies (MCMCBs)

A complaint about a registered Modular Component Manufacturer Certification Body (MCMCB) should, in the first instance, be addressed directly with the MCMCB. The MCMCBs internal complaint process needs to be followed in the first instance to allow them to investigate and respond.

If you are not satisfied with the outcome of the MCMCB investigation, then JASANZ will be able to investigate further. However, JASANZ is likely unable to intervene until the MCMCB complaint process has been followed. The MCMCB should always be given a reasonable timeframe to investigate and resolve a complaint before any complaint is made to JASANZ.

MBIE's role is to monitor the performance of JASANZ. Generally, complaints should only be referred to MBIE if JASANZ appear to be failing to fulfil its obligations. However, refer to the section below on section 202 complaints.

Complaints to MBIE’s Chief Executive about a registered MCMCB under section 202

There is an alternative option to you under section 202 of the Building Act 2004 where you may lodge a complaint directly with the Chief Executive (MBIE) if you believe that there are grounds for disciplinary action against a disciplinable entity. A registered MCMCB is a disciplinable entity under section 200.

Building Act 2004, section 202 - legislation.govt.nz

To make a complaint under section 202 certain conditions must be met:

• the complaint must be made in writing;
• the complaint must be made in the prescribed manner (if any); and
• the complaint should include the prescribed information (if any).

Where a complaint is lodged with Chief Executive under section 202, there is a process that the Chief Executive must follow:

• Decide whether to accept the complaint; and
• Where it is accepted, investigate the complaint; and
• If it is found as a result of the investigation that the grounds for disciplinary action are established, MBIE can decide to take statutory intervention/s that are outlined in section 203C.

There is nothing preventing a person from making a complaint directly to the MCMCB before, during, or after making a complaint to the CE (MBIE) under section 202. The processes could occur simultaneously. However, in this situation MBIE may decide to put the section 202 complaint process on hold until the complaint process between the complainant and the MCMCB has been completed. This allows for the case where the complaint to the MCMCB may resolve the issues and there are no grounds for disciplinary action for the CE (MBIE) to look into. Complaints regarding registered MCMCBs can be sent to the BuiltReady team at builtready@mbie.govt.nz.

BuiltReady Misrepresentations

MBIE also has the power to receive complaints and investigate and enforce offences and penalties under the Building Act 2004 that relate to representations made about BuiltReady status as follows:

• Under section 272ZI, it is an offence to misrepresent the status as an accredited and registered certification body in the BuiltReady Scheme.
• Under section 272ZJ, it is an offence to misrepresent a modular component as manufactured by a registered MCM

The Official Information Act 1982

All information we receive is public information. If requested, under the Official Information Act 1982 (OIA), we may have to release details about your complaint to other individuals or organisations.

There might be grounds under that Act to withhold information you have provided (such as privacy concerns or commercial sensitivity). Please indicate in your email or correspondence if there is any information you would want withheld. If MBIE decides to withhold any information, the person requesting the information can ask the Ombudsman to review the decision.