30H Suspension or revocation of national multiple-use approval

(1)

The chief executive may, at any time, suspend or revoke a national multiple-use approval, if the chief executive is satisfied that—

(a)

the approval was obtained by fraud, misrepresentation, or the concealment of facts; or

(b)

the approval no longer meets the prescribed eligibility criteria for a national multiple-use approval; or

(c)

building work properly completed in accordance with the approval will no longer comply with the building code because of an amendment to the code.

(2)

Before revoking or suspending a national multiple-use approval the chief executive must give the holder of the approval a reasonable opportunity to be heard.

(3)

When suspending a national multiple-use approval, the chief executive must—

(a)

give the holder of the approval a reasonable period to rectify the matter that led to the suspension of the national multiple-use approval; and

(b)

lift the suspension if the chief executive is satisfied that the holder of the approval has rectified the matter within that period.

(4)

Despite subsections (1) and (3), the chief executive must not suspend or revoke a national multiple-use approval if—

(a)

amendments are made to—

(i)

the prescribed eligibility criteria for a national multiple-use approval; or

(ii)

the building code; and

(b)

the national multiple-use approval no longer meets the eligibility criteria, or complies with the building code, solely as a result of those amendments.

(5)

The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments referred to in that subsection come into force.

(6)

The chief executive must record the suspension or revocation of a national multiple-use approval in the register of national multiple-use approvals.

Section 30H: inserted, on 1 February 2010, by section 9 of the Building Amendment Act 2009 (2009 No 25).