BPIR. There is time.
11 December 2023 is not a drop dead date.
It is more important that the building product information is correct, than hurriedly uploaded to your website as ‘job done’
What the law requires
The BPIR Regulations (law) requires that, for products manufactured or imported on or after 11 December 2023, information must be provided as prescribed in the regulations. This means that it will take some time (weeks, months) before the products can be distributed for sale and before you need to have completed the BPIR work.
Defining Imported
For most types of imports, define the date of importation as the date at which you, the company, is notified that it has been cleared and is ready for dispatch from the airport or port. This may be the date that it is cleared by customs, MPI etc. and is able to be established by the action of a third party.
Ensure your dispatch or invoice documents are stamped with this date.
Note that some imports have their own rules because of specific customs or MPI requirements so make sure you check whether your import process is different to the general approach above.
Defining Manufacture
A product that has been partially manufactured before 11 December 2023 and not completed until after 11 December will not have been “manufactured in New Zealand on or after 11 December 2023.”
Ensure your dispatch or invoice documents are stamped with the date that the manufacturing process began. This will depend on your product and what the manufacturing process entails. Make sure that the date can be robustly substantiated.
MBIE enforcement
MBIE have given profile to their enforcement powers. However, the reality is that for the enforcement is going to be difficult because of the overlap with those products for which the BPIR obligations do not apply. However, the reality is that enforcement is that will be difficult because of the overlap with those products for which the BPIR obligations do not apply.
MBIE have said that enforcement will be on a case-by-case basis and will most likely be generated via complaints, such as the BPIR information being incorrect or not available.
MBIE has the power to issue a corrective action notice under s 362VE of the Act which is the most effective enforcement tool. If a retailer can show the manufacturer/ importer is working on the BPIR information but hasn’t been able to complete all the necessary documentation because of the sheer numbers of required documents and because there is a shortage of people who are able to help, then MBIE is unlikely to take any enforcement action involving proceedings against a retailer.
MBIE is more likely to use the corrective action notice as its first enforcement tool in this situation, as it is much easier for MBIE to issue and not as costly or uncertain as proceedings for an offence.
Disclosure of manufacturer
If you are concerned about this requirement, then lobby Government and MBIE. Make the issue and possible non-compliance visible.
Lobby MBIE
The CEO of MBIE is
The Deputy Secretary of MBIE responsible for building is
Lobby Government
Set up your BPIR page
Set up a BPIR page with holding words. Make the BPIR link visible on your home page so it is easily accessible for merchants and customers.
Suggested wording could be:
[Name of company] is currently preparing the documentation required for Building Product Information Requirements (BPIR) as specified in the Building Regulations 2022.
The regulations require this information be available for all building products manufactured in, or imported into, New Zealand on or after 11 December 2023.
[Name of company] will have the information available to download from this location.
For more information, please visit www.bgbconsult.co.nz/bpir