In accordance with sections 272E and 272F of the Building Act 2004, the Chief Executive of the Ministry of Business, Innovation and Employment (MBIE) hereby gives notice of her intent to make the following Product Certification (CodeMark) Scheme Rules. The proposed amendment introduces acceptable formats of the new CodeMark mark of conformity and details transitional arrangements for their use.

The purpose of the proposed changes to the CodeMark scheme rules is to set out the transition requirements and the acceptable formats of the new CodeMark mark of conformity, which will replace the existing mark of conformity (which is a registered trade mark). As the CodeMark scheme rules require that the mark of conformity be added to all tangible certified building products or building methods, a transition period is proposed to minimise any adverse impacts on affected parties. The transition timeline is as follows:

• The new mark of conformity (Schedule 1b of the CodeMark scheme rules) may be used from 1 March 2023.
• The current mark of conformity (Schedule 1 of the CodeMark scheme rules) can be used until 1 September 2024.
• From 1 September 2024, only the new mark of conformity (Schedule 1b of the CodeMark scheme rules) can be used.
• Any certified building product or building method marked with the old mark of conformity must be withdrawn from sale or repackaged with the new mark of conformity by 1 September 2025.

It is proposed that the new scheme rules will take effect from 1 March 2023.

The Ministry of Business, Innovation and Employment (MBIE) seeks written submissions on the proposed rules and transition period for the new CodeMark mark of conformity.

Consultation will commence on 28 November 2022. Submissions must be made online or by email, post, or physical delivery by 5.00pm on 23 December 2022.

The consultation document and online submission form can be found at www.mbie.govt.nz/have-your-say.

Email submissions must be addressed to building@mbie.govt.nz with subject line ‘CodeMark mark of conformity consultation 2022’.

Postal submissions must be addressed to: “CodeMark mark of conformity consultation 2022”, Building System Performance, Building Resources and Markets, Ministry of Business, Innovation and Employment, PO Box 1473, Wellington 6140.

Dated at Wellington this 28th day of November 2022.

SARAH SINCLAIR, Manager, Building System Performance, the Ministry of Business, Innovation and Employment.