How CodeMark works

Legislative framework

The CodeMark scheme operates under the legislative framework provided by the Building Act 2004, Building (Product Certification) Regulations 2022 (the Regulations) and specific CodeMark scheme rules.

Other key documents for the operation of this scheme include the international standard IS0/ IEC 17065: 2013 (Conformity assessment – requirements for bodies certifying products, processes and services), which is included by reference in the scheme rules. Further documents supporting the CodeMark scheme's day-to-day operation include the accreditation body's accreditation manual and arrangements with product certification bodies, as well as the product certification bodies' own commercial arrangements with proprietors.

Roles and responsibilities

The framework in which CodeMark operates in Aotearoa New Zealand is supported by Building Act 2004 (the Act), Building (Product Certification) Regulations 2022 (the Regulations) and the CodeMark scheme rules. These three key pieces of legislation outline the roles and responsibilities for all scheme parties, while providing detailed requirements to ensure the building products/method being certified meet the requirements of the New Zealand Building Code (the Building Code).

All parties must adhere to the requirements outlined in the Act, the Regulations and the CodeMark scheme rules.

Below is an explanation of the important parties within the CodeMark scheme and some key responsibilities for their roles.

Ministry of Business, Innovation and Employment (MBIE)

Sometimes referred to as the Chief Executive.

• Oversees and manages the performance of the bodies involved with the CodeMark scheme.
• Appoints the Product Certification Accreditation Body.
• Registers Product Certification Bodies.
• Registers CodeMark certificates.
• Can suspend and revoke registration, accreditation and certification if required.
• Ensures the performance and regulation achieved reflects the desired purpose of the MBIE Building System Regulatory Strategy.

Product Certification Accreditation Body

Currently appointed to be Joint Accreditation System of Australia and New Zealand (JAS-ANZ).

• Responsible for assessing, accrediting and monitoring product certification bodies.
• Can suspend and revoke accreditation if required.
• Monitors performance of the scheme.

Product Certification Bodies (PCBs)

• Evaluates, monitors and audits products against the performance requirements of the NZ Building Code.
• Issues CodeMark certificates.
• Can suspend or revoke a CodeMark certification (if required).

CodeMark certificate holders

• Ensures the certified product continues to be manufactured to the same standards, levels and quality as those against which it was evaluated and certified.
• Notifies the responsible PCB if they plan on making any changes to the certified product or its manufacturing process.

CodeMark certificates can only be issued by product certification bodies that have been accredited by JAS-ANZ and registered by MBIE.

Accreditation, certification and registration

There are a number of steps that an organisation needs to go through in order to be considered a scheme party under the CodeMark scheme.

Accreditation

All Product certification bodies that wish to assess, evaluate and certify products under the CodeMark scheme must be accredited with the product certification accreditation body MBIE has appointed for the scheme.

This position is currently held by JAS-ANZ.

For more information see Become a Product Certification Body and Register as a Product Certification Body

Certification

Suppliers and manufacturers of building products that wish to obtain a CodeMark certificate for their building product or method must apply for certification through an accredited and registered PCB.

Applying for CodeMark certification for your building product or method

Information for certificate holders

Registration

Both PCBs and CodeMark certificates must go through a registration process with MBIE.

Only PCBs that have been registered by MBIE can issue CodeMark certificates.

Registration requirements for PCBs

All CodeMark certificates issued by registered PCBs must be registered by MBIE in order to become valid.

Registration requirements for CodeMark certificates

Enforcing the CodeMark scheme

The Building Act gives MBIE, JAS-ANZ and PCBs certain powers in relation to compliance actions for accreditation, certification and registration within the CodeMark scheme.

Accreditation, CodeMark certification and registration of both certification bodies and certificates can be suspended or revoked if the relevant monitoring body sees fit.

Reasons for suspension or revocation of a PCB include:

• failing to comply with the CodeMark scheme rules
• no longer meeting the criteria and standards for accreditation or registration
• a critical non-conformity
• failing to pay fees
• misusing of the Mark of Conformity.

Reasons for suspension or revocation of a CodeMark certificate include:

• failing to comply with the CodeMark scheme rules
• no longer meeting the criteria and standards for certification or registration
• a critical non-conformity
• failing to pay fees
• misusing of the Mark of Conformity
• changing a product characteristics significantly without prior notification
• the certificate has been obtained by fraud or misrepresentation
• the Building Code has been amended and no longer applies to the certified product.

Before suspending or revoking a certificates certification or registration, the responsible product certification body or MBIE must give the certificate holder a reasonable opportunity to be heard.

A certificate holder can withdraw a certificate at any time if they no longer wish to have their product CodeMark certified.

If the certificate is suspended, revoked or withdrawn, it is the responsibility of the certificate holder to notify regular customers and immediately stop using the certificate and any references to it as well as the CodeMark Mark of Conformity.

Image provided by Kāinga Ora.