The Commerce Commission has filed 8 representative charges against building product supplier Global Fibre8 Ltd & its sole director & shareholder, Tangi Tuake.
The commission said today all the charges were under the Fair Trading Act and related to various representations made between July 2015-August 2018 about K3T, a wall panel system.
The commission alleges that the defendants represented that a CodeMark certificate issued for K3T in July 2015 certified the compliance of K3T with the New Zealand building code, when it did not. The commission said the CodeMark certificate only certified the compliance of K3T with the building code of Australia.
The commission alleges that Global Fibre8 at no time had New Zealand CodeMark certification.
The case is due to be called in the Auckland District Court on 20 August.
The CodeMark scheme is a voluntary product certification scheme under which products may be certified as meeting the requirements of the New Zealand or Australian building code.
The CodeMark scheme operates in both countries, but the Commerce Commission said products must be separately certified in each country because there are differences in the 2 countries’ building codes.
“New Zealand CodeMark certificates are product certificates issued under the Building Act. This means that building consent authorities (mainly territorial councils) must accept a CodeMark certificate as evidence of compliance with the New Zealand building code (provided the product is used in accordance with any conditions defined on the certificate).
“An Australian CodeMark certificate is not a product certificate under the Building Act.”
MBIE (Ministry of Business, Innovation & Employment): CodeMark as a product certification scheme
Attribution: Commission release.