Product Legislation Changes Incoming December 2023

From 11 December 2023, there will be essential Law changes affecting Building Product Information Requirements (BPIR). These changes mean New Zealand-based building product manufacturers, importers and suppliers must disclose specific information about the products they supply to the market. Failure to do so is a criminal offence.

Some exceptions exist (such as products with CodeMark scheme approval, Registered Modular components and certified frames and trusses). Still, generally, this will apply to all new standard products relied upon to demonstrate building code compliance.

Product Technical Statements (PTS)

The information disclosure will be in the form of a Product Technical Statement (PTS) and must be published online for easy access. The PTS must provide minimum product and manufacturing information, and a critical component is a “Statement on how the building product demonstrates building code compliance.”

There are two designated classes for products;

• Class 1: Batch or mass-produced products and
• Class 2: Custom-made lines of products.

What does it mean for me?

In theory, better-defined product information should improve the building process. However, the MBIE guidance (March 2023) is not clear on the expectations for Building Consent Authorities (BCA’s) to specifically request PTS for all products. If in the future the BCA’s are required to obtain PTSs, we recommend that;

Designers–

• Are familiar with and verify the content of PTS before specifying products.
• Are including PTSs for designated products with Building Consent applications.

Trades People–

• Are familiar with PTSs for products they use for building work (especially installation instructions and limitations).
• Are obtaining product completion certification relevant to PTS requirements (Such as approved applicator certification, etc.)

Consumers–

• Are asking their designers and contractors to confirm that they only specify and use products supported by PTSs.
• Are asking product suppliers to confirm PTS evidence before considering products for project use.

If you have any questions, please reach out to the Farsight team! We have a wealth of knowledge on building product information and are more than happy to help.

Disclaimer: This publication is general in nature and should not be used as a substitute for legal or other professional advice. Please seek specific professional advice before acting in relation to any statement contained in this publication.