CodeMark complaints

Last updated: 2 October 2024

Codemark complaints

Handling concerns about CodeMark certificate or organisations involved in the CodeMark scheme.

Registered CodeMark certificates

Complaints about a registered CodeMark product certificate or the certified product should, first, be sent to the attention of the Product Certification Body (PCB) that issued the CodeMark certificate in question. To see if the certificate is currently registered go to MBIE’s product certificate register.

Product certificates belong to the issuing PCB. Only the PCB can change or correct these certificates. If there is any doubt about the certificates contents, you should contact the PCB directly. They will investigate and, if necessary discuss the matter with the certificate holder.

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

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

MBIE has appointed JASANZ the accreditation body for the CodeMark New Zealand Scheme, making it responsible for assessing, monitoring and accrediting PCBs.

The PCB should be given enough time to address a complaint before it goes to JASANZ. What defines ’enough time’ depends on various factors, including the nature and severity 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, first, be addressed directly with the PCB. The PCB will need to follow its internal process to investigate and respond. 

If you are not happy with the PCB’s response, JASANZ will then be able to investigate. JASANZ is unable to intervene until the PCB complaints process has been followed. Always give the PCB time to resolve issues before contacting JASANZ.  

MBIEmonitors the performance of JASANZ. Complaints should only be referred to MBIE if there is concern JASANZ isn’t meeting its obligations. For section 202 complaints, see the section below

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

You may lodge a complaint with the Chief Executive (MBIE) under section 202 of the Building Act 2004 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 do this, your complaint must be made in writing;

  • in the prescribed manner (if any); and
  • include the prescribed information (if any).

MBIE must then: 

  • 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.

You can complain to the PCB at any time, including,before, during, or after making a complaint to the CE (MBIE). Both processes could occur simultaneously. However, MBIE may pause its process until the complaint process between the complainant and the PCB has been completed in case the PCB resolves the issues and there are no grounds for disciplinary action for the CE (MBIE) to look into. Complaints about registered PCBs should be sent to the CodeMark team at codemark@mbie.govt.nz.

CodeMark misrepresentations

MBIE also has the power to receive complaints, investigate and enforce offences and penalties under the Building Act 2004 that relate to misrepresentations made about CodeMark status as follows. This includes:

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

To report a misrepresentation email 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 may 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.

This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: