CodeMark complaints

Registered CodeMark certificates

Complaints about the content of a registered CodeMark product certificate or the certified product should, in the first instance, be brought to the attention of the Product Certification Body (PCB) who issued the CodeMark certificate in question. You can check if the certificate is currently registered on the MBIE’s product certificate register.

Product certificates are the property of the PCB that issued the certificate, and it is only the PCB that can make any alterations or corrections to the certificate. Therefore, if there is any doubt about the contents of the certificate, the appropriate action is to deal directly with the PCB. They will investigate and discuss with the certificate holder as required.

Contact details for the certificate holder and the PCB can be obtained from the certificate itself. If you are not satisfied with the outcome of the PCB's investigation, you may refer the complaint to the Joint Accreditation System of Australia and New Zealand (JASANZ).

 Joint Accreditation System of Australia and New Zealand - jasanz.org

JASANZ has been appointed by MBIE as the accreditation body for the CodeMark New Zealand Scheme. JASANZ is responsible for assessing, monitoring and accrediting PCBs.

The PCB 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 Product Certification Bodies (PCBs)

A complaint about a registered Product Certification Body (PCB) should, in the first instance, be addressed directly with the PCB. The PCBs 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 PCB investigation, then JASANZ will be able to investigate further. However, JASANZ is unable to intervene until the PCB complaint process has been followed. The PCB 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 PCB 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 PCB 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 MBIE under section 202, there is a process that MBIE 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 PCB 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 PCB has been completed in case the complaint to the PCB resolves the issues and there are no grounds for disciplinary action for the CE (MBIE) to look into. Complaints regarding registered PCBs can be sent to the CodeMark team at codemark@mbie.govt.nz.

CodeMark 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 CodeMark status as follows:

• Under section 272G, it is an offence to misrepresent the status as an accredited and registered product certification body in the CodeMark New Zealand Scheme;
• Under section 272H, it is an offence to misrepresent a CodeMark product certificate.

Where you believe a misrepresentation has been made about status as a product certification body or product certification, you can contact codemark@mbie.govt.nz.

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.