Consultation on overseas building products closed

The Government has proposed changes to the Building Act to make it easier to use quality overseas building products in New Zealand, and has just closed a consultation on them 

The consultation, which closed on April 17, sought to gather feedback on the decision-making criteria to be set in regulations after the Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Bill passed on April 3, 2025. 

Changes are aimed at lowering the cost of building, providing greater resilience to supply disruptions and improving New Zealand’s supply of affordable housing. 

Currently, the Ministry of Building, Innovation and Employment (MBIE) can specify certifications of overseas building products or methods are to be treated as product certifications in New Zealand. However, criteria is restrictive and can’t be used to recognise groups of products. 

“The Bill amends the Act to make it more flexible, efficient and effective for [MBIE] to recognise building products (which may include building methods) certified under an overseas product certification scheme,” said the consultation document. “It also enables [MBIE] to make recognitions proactively, as well as for groups of products, which is not currently possible.” 

Second round of consultation 

MBIE has already held a consultation in May 2024 to remove barriers to overseas building products used in New Zealand, which has broad support by most submitters. Following the May 2024 consultation, public submissions on the Bill were accepted from September to November 2024. 

Submitters broadly agreed the decision-making criteria should cover: 

• The robustness of the product certification scheme or standards organisation. 

• The suitability of the building product or standard and its relevance to the New Zealand context. 

• The availability and usability of product certificates or standards. 

• Whether building products or methods certified under a scheme would meet or exceed equivalent performance criteria in the New Zealand Building Code. 

• Whether certified products have been subject to enforcement actions in New Zealand or overseas.   

To achieve its aim of supporting access to a wider range of new and innovative building products and providing necessary safeguards to mitigate risk, MBIE proposed a decision-making criteria that is more enabling (criteria which describe an outcome or level of performance but not how it must be achieved) than prescriptive (criteria which set out precise inputs that must be used for criteria to be satisfied). 

“MBIE’s proposal contains a mix of criteria that is more enabling than prescriptive,” stated the consultation document. “While each comes with its own benefits, costs and risks, we think this hybrid approach will provide the best balance of achieving an effective, efficient and flexible recognition regime that is also consistent and gives building system participants certainty and assurance that a product will perform as intended.” 

Proposed criteria 

MBIE proposed five decision-making criteria for overseas certified building products: 

1. The certification scheme certifying the overseas building products or methods has robust process for evaluation, assessment and certification. 
2. There is sufficient evidence to demonstrate the product certification’s suitability in the New Zealand environment/context.   
3. Building products or methods certified under the scheme would meet or exceed equivalent performance criteria in the New Zealand Building Code. 
4. Certified building products and certification schemes have not been subject to enforcement actions (or bans) in New Zealand or in other countries, which could indicate a current increased risk of failure. 
5. Product certificates for the certified building products are readily available and written in plain language and are suitably detailed. 

The amendment bill allows MBIE to recognise groups of standards issued by overseas standard organisations or standards certification schemes issued by a standards certification organisation. MBIE proposed four decision-making criteria for overseas standards: 

1. The overseas standards organisation that has issued the groups of standards and/or standards certification scheme has robust processes for the development and publication of standards.   
2. Any overseas standards/standard certification schemes issued/administered by the organisation are relevant to a New Zealand context. 
3. The overseas standards are, or can be made, available and usable for New Zealand. 
4. Standards are frequently reviewed and updated. Product verifications remain valid for an appropriate length of time. 

While law firm Minter Ellison Rudd Watts said that there “are a number of expected benefits”, it also cautioned that there are several aspects that warrant consideration. 

• New Zealand’s unique building practices differ from other jurisdictions. For example, our use of timber framing contrasts with the increased use of steel and concrete elsewhere, meaning products may perform differently. 

• The challenges in finding contractors willing to work with unfamiliar products. 

• Council inspections may also be more time-consuming where new products are used, especially for high-risk elements like cladding, joinery, or structure. 

BRANZ’s view 

The Building Research Association of New Zealand (BRANZ) provides practical research, testing, quality assurance and expertise to support better buildings. In response to the the Government’s proposed legislative changes to make it faster and easier for building products certified as fit for purpose in ‘trusted’ overseas markets to be introduced here, BRANZ says its view on the suitability of any product for New Zealand’s uniquely challenging environment will always be guided by our science.  

BRANZ agrees that New Zealand needs more quality, affordable building materials in the market to help reduce costs and delays associated with building a house. However, it says it’s critical that those materials are safe, resilient and fit for purpose given the unique challenges New Zealand faces from its climate, high UV levels and earthquakes.  

BRANZ’s scientists, technicians and product auditors draw on their extensive materials-testing expertise to assess a wide range of building products. They work in world-class testing facilities that can replicate, accelerate or exceed the conditions that Kiwi houses can expect to face during their lifetime.  

Among their responsibilities, BRANZ experts assess certifications and evidence from overseas tests against New Zealand’s regulatory requirements and environment. This ensures products will meet New Zealand’s current building standards and perform as they’re supposed to.  

BRANZ does not set building standards or approve products for use. Those are responsibilities of the regulator and building consent authorities. Instead, BRANZ’s independent team works with product manufacturers, importers and authorities to provide robust scientific evidence of whether new materials will be safe and durable if used in Aotearoa’s buildings.  

Next steps 

“MBIE is considering what could trigger a group of products or standards being assessed and then how we should prioritise recognitions with our available resources,” said the consultation. “These processes will sit at an operational level. To help with our planning, we are keen to hear your thoughts on this.”