Timaru director sentenced in CodeMark fraud case 

A Timaru company director has been sentenced after using a forged CodeMark certificate for a building product in what authorities believe is the first prosecution of its kind involving New Zealand’s product certification scheme 

Doctor Nick Wall was sentenced to five months’ community detention by the Timaru District Court after being found guilty of causing another person to act on a forged CodeMark product certificate for a liquid roofing membrane product called ECOseal100. The Ministry of Building, Innovation and Employment (MBIE) said the prosecution is believed to be the first involving fraud against the CodeMark system. 

The Press reported that Wall is the sole director and shareholder of Ideas Hub Limited, which imports industrial chemicals. The product was investigated after concerns were raised with Auckland Council about the authenticity of a CodeMark certificate submitted as part of a residential building consent application. 

Deemed to comply 

CodeMark is a voluntary product certification scheme overseen by the Ministry of Business, Innovation and Employment (MBIE). Products issued with a valid CodeMark certificate must be accepted by building consent authorities as complying with the Building Code, provided they are used within the conditions of the certification. 

MBIE national manager of building system performance Sharon Threadwell said misuse of the certification regime undermines confidence in the wider building system,” reported The Press. 

“The case involved a CodeMark certificate for a liquid roofing membrane product, ECOseal 100, which had never been certified under the CodeMark scheme,” she said. 

“MBIE’s investigation established that the document had been forged and that the product did not hold CodeMark certification. The sentencing of Dr Wall underscores the importance of the integrity of product certification, and shows MBIE will take action if it finds evidence that the scheme is being abused.” 

The CodeMark scheme was introduced to provide greater certainty for designers, builders, suppliers and councils by allowing independently assessed products and systems to be automatically deemed to comply with the Building Code. Certificates are issued by accredited product certification bodies and are subject to ongoing review and audit requirements.  

To prevent the use of forged documents, MBIE maintains a publicly accessible register of product certificates on the Building Performance website and advises checking CodeMark products against it. 

An offence 

Under the Building Act, falsely claiming a product has CodeMark certification is an offence. Reforms introduced in recent years strengthened MBIE’s oversight powers, including the ability to suspend or revoke certificates and audit certification bodies directly.  

MBIE has continued expanding and reforming product certification pathways in recent years, including changes aimed at recognising approved overseas certification schemes and standards.