Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698937924549.pdf (New Zealand)
Reprint as at 1 January 2011 Motor Vehicle Sales Act 2003 Public Act Date of assent Commencement 2003 No 12 9 April 2003 see section 2 Contents Title Part 1 Preliminary provisions Subpart 1—General Commencement Purpose Overview Act binds the Crown Subpart 2—Interpretation General Interpretation Meaning of motor vehicle trader Meaning of motor vehicle trader Who is treated as motor vehicle trader Who is not treated as motor vehicle trader Page 9 9 10 10 10 11 19 19 20 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Economic Development.
1 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Part 2 Motor vehicle trading Subpart 1—Key provisions Registration requirement Motor vehicle traders must be registered Banned persons Persons banned from participating in business of motor vehicle trading Banned persons not to be employed or engaged in business of motor vehicle trading Tampering with odometers Tampering with odometers prohibited Disclosure requirements Particulars about used motor vehicle must be displayed Particulars (including statement about buyer taking motor vehicle free of security interests) that must be contained in notice attached to used motor vehicle Subpart 2—Other requirements Written acknowledgment that buyer has received copy of notice must be obtained Requirements of section 16 may form part of contract for sale No contracting out of requirements of section 16 Duty of motor vehicle trader with respect to money received from sales on consignment of used motor vehicles Motor vehicle trader must provide account Motor vehicle trader must keep record of contracts for sale Duty to produce certificate of registration on demand Subpart 3—Qualifications of motor vehicle traders Registration Who may register Persons disqualified from registration: individuals Persons disqualified from registration: companies Exemptions from registration Crown exempt from requirement to register Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 27 28 29 30 31 32 33 34 35 36 37 38 Power to exempt persons from requirement to register by Order in Council Exemption may be recommended by Minister on application from any person Matters Minister must take into account in recommending exemption Process for making recommendation for exemption Part 3 Registration of motor vehicle traders Subpart 1—Procedure for registration of motor vehicle traders Application Application: general Content of application Acceptance or refusal of application
 Registrar may accept or refuse application for registration Acceptance of application Refusal of application Registration Registration Duration of registration Registration may not be transferred Renewal of registration 39 40 40A Renewal of registration Obligation to notify Registrar of change in circumstances Obligation to notify Registrar if new person concerned in management of company Subpart 2—Removal from register General Removal from register Cancellation of registration When Registrar must cancel registration Process for cancellation Effective date of cancellation Name must be entered immediately on list of banned persons in certain cases 41 42 43 44 45 46 Voluntary surrender Surrender of registration 29 30 30 30 31 31 32 32 33 33 33 34 34 35 36 37 37 38 39 39 39 3 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Mandatory surrender Registrar must record surrender on register Effective date of surrender Expiry of registration Expiry of registration Effective date of expiry Subpart 3—Miscellaneous provisions Register of motor vehicle traders Register of motor vehicle traders Purpose of register Contents of register Alterations to register Searches of register Search of register Search criteria Search purposes When search constitutes interference with privacy of individual Registrar of Motor Vehicle Traders Appointment of Registrar of Motor Vehicle Traders Functions of Registrar Power of Registrar to delegate Certificate of Registrar is sufficient evidence Appeals against decisions of Registrar Right of appeal District Court may make interim order pending determination of appeal Duties of Registrar if interim order made Determination of appeal Part 4 Enforcement Subpart 1—Banning Ban imposed by Act Persons banned from participating in business of motor vehicle trading Ban ordered by court Power to ban certain persons from participating in business of motor vehicle trading 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 4 39 40
Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Notice of hearing District Court may order payment of costs Appeals to High Court List of banned persons List of banned persons to be kept by Registrar Purpose of list Contents of list Alterations to list Procedure for recording names of banned persons on list Searches of list Search of list Search criteria Search purposes When search constitutes interference with privacy of individual Subpart 2—Motor Vehicle Disputes Tribunals Constitution Motor Vehicle Disputes Tribunals Adjudicators Appointment of adjudicators Term of office of adjudicators Vacation of office Remuneration and allowances of adjudicators Adjudicator to submit annual report Panel of persons who may be appointed as assessors Panel Jurisdiction Jurisdiction of Disputes Tribunal Limits on jurisdiction of Disputes Tribunals Disputes Tribunal’s jurisdiction not excluded Jurisdictions of other courts not limited Transfer of proceedings Notice of decisions Decisions to be publicly available 50 50 51 51 52 52 53 53 54 54 55 55 55 56 56 56 56 57 57 58 60 60 61 61 61 5 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Subpart 3—Offences Offences relating to requirement to be registered Offence to carry on business of motor vehicle trading or to hold out to be motor vehicle trader unless registered Offences relating to banned persons Offence for banned person to participate in business of motor vehicle trading Offence to contravene conditions imposed on banned person by court Offence to employ or engage banned persons Offence relating to tampering with odometers Offence to tamper with odometers Evidence in prosecutions for offence of tampering with odometers Offences relating to disclosure requirements Failure to display particulars about used motor vehicle offence under Fair Trading Act 1986 Failure by
 car market operator to comply with section 14(2) an offence Offences relating to other requirements for motor vehicle trading Offence to fail to pay money to principal Offence to fail to provide account Offence to falsify record of contracts for sale Duty to produce certificate of registration 95 96 97 98 99 100 101 102 103 104 105 106 Offences relating to registration and notification to Registrar Offence of providing false declarations, etc Offence to fail to notify change in circumstances 107 108 108A Offence to fail to notify Registrar when new person concerned in management of company Offences relating to inspection and search 109 110 Offence to obstruct inspection Offence to obstruct search Proceedings for offences generally 111 Proceedings for offences generally 62 62 62 63 63 63 63 64 64 64 64 65 65 65 66 66 66 67 6 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 112 113 114 115 116 117 118 119 120 121 122 Proceedings for infringement offences Proceedings for infringement offences Issue of infringement notices Form of infringement notices Payment of infringement fees Penalties Penalty for infringement offences Penalties for offences under sections 98, 103, and 104 Penalties for other offences Power of District Court to impose additional penalty in certain cases Subpart 4—Information-gathering powers Information-matching provisions Purpose of disclosure of Customs’ information Customs must supply Customs’ information to Registrar Purpose of disclosure of information by Ministry of Transport 123 Ministry of Transport must supply vehicle registration information to Registrar Inspection Purpose of inspection by Registrar Inspection powers Conditions of authorisation Registrar’s entry to premises restricted Disclosure of information from inspection Restriction on disclosure of information from inspection 124 125 126 127 128 129 Search warrants Issue of warrant Powers conferred by warrant Form and content of search warrant 130 131 132 133 Warrant must
 be produced 134 Other duties of person who executes warrant 135 When alternative to list of seized documents may be provided 136 Matters that must be stated in list of documents 137 138 Duty to assist Power to inspect and take copies of documents, etc, obtained under warrant Disposal of things seized Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 140 Court order for disposal of things seized to be suspended on conviction Part 5 Miscellaneous provisions Exemption for car auctioneers from licensing requirement under Auctioneers Act 1928 Exemption for car auctioneers from licensing requirement under Auctioneers Act 1928 141 142 Service of notices Service of notices Levy regulations 143 Regulations may impose levy Regulations 144 Regulations Amendments and repeal 145 146 Amendments to other enactments Repeal No compensation for loss of office 147 No compensation for loss of office 148 Transitional provisions for existing licence applications Existing licence applications must be treated as applications for registration under this Act in certain cases 149 What happens if applicant does not meet requirements 150 151 of section 148(2) Registrar’s requirements for processing existing licence applications Payment of prescribed application fee under former Act sufficient for purpose of processing existing licence application Transitional provisions for registration 152 Certain persons to be treated as registered on commencement of Act 153 When registration under section 152 ceases Transitional provisions for Board 154 155 Continuation of Board Board must deliver certain records to Registrar 8 78 79 79 80 81 81 82 82 82 82 83 83 83 84 84 85 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 1 s 2 Transitional provisions for disciplinary proceedings under former Act Transitional provisions for disciplinary proceedings under former Act 156 Transitional provisions
 for licensees’ obligations 157 Obligations of licensees Transitional provisions for Fund Purpose of section 159 158 159 Membership of Institute to continue despite repeal of 160 161 former Act Claims against Fund Registrar must cancel registration for non-payment of contribution to Fund 162 Winding up of Fund 163 Review of operation of Act Review of Act Schedule 1 Procedure of Disputes Tribunals Schedule 2 Enactments amended 85 86 87 87 87 88 88 89 90 99 1 Title This Act is the Motor Vehicle Sales Act 2003.
Part 1 Preliminary provisions Subpart 1—General 2 (1) (2) Commencement This Act (except sections 143 and 144) comes into force on a date to be appointed by the Governor-General by Order in Council.

Sections 143 and 144 come into force on the day after the date on which this Act receives the Royal assent.

Section 2(1): Motor Vehicle Sales Act 2003 (except sections 143 and 144) brought into force, on 15 December 2003, by the Motor Vehicle Sales Act Com- mencement Order 2003 (SR 2003/329).
9 Part 1 s 3 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Purpose The purpose of this Act is to promote and protect the interests of consumers in relation to motor vehicle sales.
Overview In this Act,— (a) preliminary matters, such as the purpose, application, and interpretation of the Act, are set out in sections 2 to 9: key provisions about motor vehicle trading are set out in sections 10 to 15: other requirements relating to motor vehicle trading are set out in sections 16 to 22: provisions about the qualifications of motor vehicle traders are set out in sections 23 to 30: a range of matters about the registration of motor ve- hicle traders is set out in sections 31 to 67: provisions about the banning of persons from participa- tion in the business of motor vehicle trading are set out in sections 68 to 81: provisions about Motor Vehicle Disputes Tribunals are set out in sections 82 to 94 and supplementary provi- sions are set out in Schedule 1: provisions about offences are set out in sections 95 to 110: provisions about proceedings for offences are set out in sections 111 to 115: provisions about penalties are set out in sections 116 to 119: information-gathering powers are set out in sections 120 to 140: miscellaneous matters, such as regulation-making powers, amendments and repeal, and transitional pro- visions, are set out in sections 141 to 163.
(b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Act binds the Crown This Act binds the Crown.
3 4 5 10 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 1 s 6 Subpart 2—Interpretation General 6 (1) Interpretation In this Act, unless the context otherwise requires,— actual distance, in relation to a motor vehicle’s odometer, means the distance that would otherwise have been recorded on an odometer had it not been tampered with address for service means the address of a place in New Zealand at which notices or documents that are required to be served under this Act may be served on the person giving the address adjudicator means an adjudicator of a Disputes Tribunal ap- pointed under section 83 banned person means a person banned from participating in the business of motor vehicle trading under section 68 or sec- tion 69 Board means the Motor Vehicle Dealers Licensing Board con- stituted under section 6A of the former Act branch manager has the meaning given to it by section 2(1) of the former Act car auctioneer means a person who conducts sales by auction of motor vehicles car consultant means a person who, for rent, fee, commission, or other valuable consideration, is engaged by any other person (except by a motor vehicle trader) to act as an agent for that other person on any matter that— (a) relates to the sale or purchase of any motor vehicle by that other person; and does not relate solely to the structural, material, or mechanical condition of the motor vehicle (b) car market operator— (a) means a person— (i) who carries on the business of providing any premises or place for a market for the sale by other persons of used motor vehicles (whether or not the vehicles are subject to a bailment to the operator); or 11 Part 1 s 6 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (ii) who operates any facility (for example, an Inter- net web page) for the primary purpose of facili- tating the sale of used motor vehicles (which sale is completed through, or by means of, that facil- ity); and includes a person who is commonly referred to in the motor vehicle trading industry as a car
 fair operator or a display for sale operator (b) company has the meaning given to it by section 2(1) of the Companies Act 1993 crime involving dishonesty has the meaning given to it by section 2(1) of the Crimes Act 1961 Customs means the New Zealand Customs Service Customs information— (a) means information about any person whom the Comptroller of Customs believes has imported more than 3 motor vehicles during a specified period; and (b) may include,— (i) (ii) in the case of an individual, the person’s full name, residential address, date of birth, and oc- cupation: in the case of a company, the company’s name and the address of the company’s registered of- fice: (iii) whether the person indicated the purpose for im- (iv) porting the motor vehicles: any other particulars that the Comptroller of Cus- toms considers relevant to the purpose set out in section 120 director has the meaning set out in section 126 of the Com- panies Act 1993 Disputes Tribunal means a Motor Vehicle Disputes Tribunal established under section 82(1) existing licence application means an application for a motor vehicle dealer’s licence, or an application for the renewal of a motor vehicle dealer’s licence, under the former Act that— (a) had been received by the Board before the date of com- mencement of this Act; and 12 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 1 s 6 (b) had not been granted, refused, or withdrawn before that date finance company includes any person who carries on a busi- ness (except the business of motor vehicle trading) and who, in the course of that person’s ordinary business,— (a) buys, exchanges, or takes by way of assignment any motor vehicle for any of the following purposes: (i) letting or hiring it to any other person under a hire purchase agreement: taking or enforcing a security over it: leasing it to any other person without conferring on that person the right to buy the motor vehicle; or (ii) (iii) (b) (c) sells any motor vehicle
 bought, exchanged, or taken by way of assignment for any of the purposes specified in paragraph (a); or sells any motor vehicle under a right of sale conferred by a security interest (within the meaning of section 17(1)(a) of the Personal Property Securities Act 1999) former Act means the Motor Vehicle Dealers Act 1975 full name, in relation to an individual, includes any aliases of that individual Fund means the Motor Vehicle Dealers Fidelity Guarantee Fund established under section 30 of the former Act hire purchase agreement has the meaning given to it by sec- tion YA 1 of the Income Tax Act 2007 importer means a person who carries on the business of im- porting motor vehicles into New Zealand infringement offence means an offence against any of the pro- visions listed in section 116(2) Institute means the Motor Vehicle Dealers Institute Incorpor- ated referred to in the former Act licensed car wrecker means a person who is a licensed sec- ondhand dealer (under the Secondhand Dealers and Pawn- brokers Act 2004) who buys, in the course of that person’s business as a secondhand dealer, any motor vehicle for wreck- ing or dismantling by that person 13 Part 1 s 6 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 licensee has the corresponding meaning to the definition of licence set out in section 2(1) of the former Act licensee company has the meaning given to it by section 2(1) of the former Act manufacturer means a person who carries on the business of manufacturing or assembling motor vehicles Minister means the Minister of the Crown who, under the au- thority of any warrant or with the authority of the Prime Min- ister, is for the time being responsible for the administration of this Act Ministry means the Ministry that has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act mobility device has the same meaning as in section 2(1) of the Land Transport Act 1998 moped has the meaning
 given to it by section 2(1) of the Trans- port (Vehicle and Driver Registration and Licensing) Act 1986 motor cycle— (a) means a motor vehicle running on 2 wheels, or on not more than 3 wheels when fitted with a sidecar; and includes any vehicle with motor cycle controls declared by the New Zealand Transport Agency to be a motor cycle; but does not include a moped (b) (c) motor vehicle— (a) means any of the following: (i) (ii) a road vehicle that is drawn or propelled by mech- anical power and is of a kind ordinarily acquired by consumers for personal, domestic, or house- hold use: a vehicle of any other class or description de- clared by the Governor-General, by Order in Council, to be a motor vehicle for the purposes of this Act; but (b) does not include any of the following: (i) (ii) [Repealed] a moped: 14 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 1 s 6 (iii) (iv) (v) (vi) the total cylinder capacity of a motor cycle, which does not exceed 60 cubic centimeters: a tractor or farm machinery: a trailer: a vehicle of any other class or description de- clared by the Governor-General, by Order in Council, not to be a motor vehicle for the pur- poses of this Act: (vii) a vehicle that the Director has declared is not a motor vehicle under section 168A of the Land Transport Act 1998: (viii) a mobility device motor vehicle trader has the meaning given to it by section 7 motor vehicle trading means the sale of motor vehicles by a person (whether or not the person is a principal or agent) new motor vehicle means a motor vehicle that is not a used motor vehicle partnership has the meaning set out in section 4 of the Part- nership Act 1908; and partner has a corresponding meaning possession, in relation to a motor vehicle, includes custody and control of the motor vehicle register means the register of motor vehicle traders estab- lished and maintained under section 52 Registrar means the officer appointed under section 60 who is responsible for the
 register sale, in relation to any motor vehicle,— (a) means the sale or lease or exchange or any other dis- position of that motor vehicle or of any interest in that motor vehicle (for example, under a hire purchase agreement); and includes the display for sale or offer for sale or offer for lease or offer for exchange of that motor vehicle; but does not include a lease or offer for lease of a motor vehicle for a term not exceeding 4 months (b) (c) sales by auction has the meaning given to it by section 2 of the Auctioneers Act 1928 specified offence means any of the following offences: (a) an offence against— 15 Part 1 s 6 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 the Crimes Act 1961; or the Fair Trading Act 1986; or the Customs and Excise Act 1996; or the Land Transport Act 1998: (i) (ii) (iii) (iv) an offence against this Act: (b) (c) an offence punishable by a term of imprisonment specified period means any period of 12 consecutive months that commences after the commencement of this Act statutory declaration means a declaration made before a per- son authorised under the Oaths and Declarations Act 1957 to take declarations tamper, in relation to an odometer, means— (a) to alter, or cause to be altered, the reading on the odome- ter so as to make it appear that, at a particular time, the vehicle— (i) has travelled a distance less than the actual dis- tance; or has travelled a distance more than the actual dis- tance: (ii) to remove the odometer (b) trailer— (a) means a vehicle without motive power that is drawn or propelled or is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; and includes a sidecar for a motor cycle (b) transitional period means a period that expires at— (a) the end of 3 months after the date of commencement of this Act; or a later date fixed by Order in Council (b) used motor vehicle— (a) means a motor vehicle that has, at any time before being offered or displayed for sale,— been
 registered under— (i) (A) (B) the Transport Act 1962; or the Transport and Driver (Vehicle Registration and Licensing) Act 1986; or any corresponding enactment of another country: (C) 16 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 1 s 6 (b) (ii) been used for a purpose not connected with its manufacture or sale; and includes a motor vehicle that has been used for the pur- pose of demonstration in connection with the sale of an- other motor vehicle vehicle means a machine that is equipped with wheels or re- volving runners upon which it moves or is moved vehicle registration information— (a) means information about any person whom the Secre- tary for Transport believes has sold more than 6 motor vehicles during a specified period; and (b) may include,— (i) (ii) (iii) in the case of an individual, the person’s full name, residential address, date of birth, and oc- cupation: in the case of a company, the company’s name and the address of the company’s registered of- fice: any other particulars that the Secretary for Trans- port considers relevant to the purpose set out in section 122 wholesaler means a person who carries on the business of— selling new motor vehicles to motor vehicle traders, or (a) to other persons who carry on that business; or selling used motor vehicles to motor vehicle traders (b) working day means any day other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and the day observed in the appropriate area as the anniver- sary of the province of which the area forms a part; and a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year.
(b) (c) (2) Unless the context otherwise requires, a reference in this Act to a person concerned in the management of a company means— (a) (b) a director of that company: a person occupying the position of chief executive offi- cer of that company by whatever name called.
17 Part 1 s 6 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 For the purposes of this Act, a person participates in the busi- ness of motor vehicle trading if that person is— (a) (b) (c) a motor vehicle trader; or a partner of a motor vehicle trader; or a person concerned in the management of a company that is a motor vehicle trader; or a shareholder of a company that is a motor vehicle trader; or an employee or an agent of a motor vehicle trader; or under a contract for services with a motor vehicle trader; or engaged by a motor vehicle trader in any capacity (whether paid or not) that involves any dealings with consumers.
(d) (e) (f) (g) Section 6(1) hire purchase agreement: amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 6(1) invalid carriage: repealed, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 6(1) licensed car wrecker: inserted, on 1 October 2010, by section 4 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Section 6(1) mobility device: inserted, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 6(1) motor cycle paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 6(1) motor vehicle paragraph (b)(i): repealed, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 6(1) motor vehicle paragraph (b)(vi): amended, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 6(1) motor vehicle paragraph (b)(vii): added, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 6(1) motor vehicle paragraph (b)(viii): added, on 22 June 2005, by section 95(5) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 6(1) used motor vehicle paragraph (a): amended, on 17 May 2005, by section 3(1) of the Motor Vehicle Sales Amendment Act 2005 (2005 No 61).

Section 6(1) used motor vehicle paragraph (b): amended, on 17 May 2005, by section 3(2)(a) of the Motor Vehicle Sales Amendment Act 2005 (2005 No 61).

Section 6(1) used motor vehicle paragraph (b): amended, on 17 May 2005, by section 3(2)(b) of the Motor Vehicle Sales Amendment Act 2005 (2005 No 61).
(3) 18 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 1 s 8 Meaning of motor vehicle trader 7 (b) Meaning of motor vehicle trader In this Act, motor vehicle trader— (a) means any person who carries on the business of motor vehicle trading (whether or not that person carries on any other business); and includes— (i) (ii) (iii) (iv) (v) [Repealed] an importer: a wholesaler: a car auctioneer: a car consultant.
Section 7(b)(i): repealed, on 1 October 2010, by section 5 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Who is treated as motor vehicle trader 8 (1) A person is treated as carrying on the business of motor vehicle trading for the purposes of this Act if— (a) (b) (c) the person holds out that the person is carrying on the business of motor vehicle trading; or in any specified period, the person sells more than 6 motor vehicles, unless that person proves that those motor vehicles were not sold for the primary purpose of gain; or in any specified period, the person imports more than 3 motor vehicles, unless that person proves that those motor vehicles were not imported to be sold for the pri- mary purpose of gain.
(2) (3) (b) For the purposes of subsection (1)(a), a person holds out that the person is carrying on the business of motor vehicle trading if that person— (a) advertises or notifies or states that the person carries on the business of motor vehicle trading; or in any way represents that the person is ready to carry, or is carrying, on the business of motor vehicle trading.
Subsection (1)(b) does not apply to any trustee corporation (within the meaning of section 2(1) of the Trustee Act 1956) acting in the capacity of executor, administrator, trustee, guardian, committee, manager, agent, attorney, or liquidator, 19 Part 1 s 9 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 or in any fiduciary capacity, unless the trustee corporation is acting on behalf of the same person or estate.
Who is not treated as motor vehicle trader 9 (1) A person is not treated as carrying on the business of motor vehicle trading for the purposes of this Act only because that person is— (a) (b) an employee or an agent of a motor vehicle trader; or under a contract for services with a motor vehicle trader; or a solicitor who acts in that capacity as an agent for sell- ing any motor vehicle unless that person is remunerated by commission in addition to, or instead of, that per- son’s professional charges; or a liquidator of a company that is a motor vehicle trader registered under this Act; or a manufacturer who sells any motor vehicle to— (i) (ii) the Crown; or a motor vehicle trader registered under this Act; or any person who is or has been employed by the manufacturer; or (iii) a car market operator; or a licensed car wrecker; or a finance company selling any motor vehicle under a transaction in which a motor vehicle trader acts as an intermediary between the finance company and the buyer (whether or not the motor vehicle trader acts as an agent of the finance company); or a finance company, an insurance company, a rental car company, a storage provider (within the meaning of sec- tion 2(1) of the Land Transport Act 1998), or any other person, that sells any motor vehicle as an incidental part of the person’s ordinary business; or carrying on any other business besides carrying on the business of motor vehicle trading and who, in the course of that other business,— (c) (d) (e) (ea) (f) (g) (h) (i) 20 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 2 s 11 (2) (i) (ii) buys any motor vehicle for use in connection with that business, with or without the intention of reselling it after such use; or resells the vehicle after using it in connection with that business.
Subsection (1)(d), (h), and (i) applies only if the person sells motor vehicles through a motor vehicle trader registered under this Act.

Section 9(1)(ea): inserted, on 1 October 2010, by section 6(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 9(1)(f): substituted, on 1 October 2010, by section 6(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 9(2): amended, on 1 October 2010, by section 6(3) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Part 2 Motor vehicle trading Subpart 1—Key provisions Registration requirement 10 Motor vehicle traders must be registered (1) A person must not, unless the person is registered as a motor (2) 11 vehicle trader under this Act,— carry on the business of motor vehicle trading; or (a) (b) hold out that the person is a motor vehicle trader.

If 2 or more persons carry on the business of motor vehicle trading in partnership, or otherwise in conjunction with one another, each of those persons must be registered.
Banned persons Persons banned from participating in business of motor vehicle trading A person must not participate in the business of motor vehicle trading if that person is a banned person.

21 Part 2 s 12 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 12 Banned persons not to be employed or engaged in business of motor vehicle trading A person must not employ or engage a banned person in any capacity that involves participation in the business of motor vehicle trading.
Tampering with odometers 13 Tampering with odometers prohibited A person must not tamper with a motor vehicle’s odometer.

Disclosure requirements (1A) Particulars about used motor vehicle must be displayed 14 (1) A motor vehicle trader who offers or displays a used motor vehicle for sale, or causes or permits a used motor vehicle to be offered or displayed for sale, must ensure that a notice containing the particulars set out in section 15(1) is attached to the vehicle in a prominent position.
If a motor vehicle is offered or displayed for sale by a motor vehicle trader through a car market operator’s facility (as re- ferred to in paragraph (a)(ii) of the definition of car market op- erator in section 6(1)), the motor vehicle trader complies with the obligation in subsection (1) if the notice is readily accessi- ble (for instance, by a hyperlink) from— (a) the place where the motor vehicle is offered or displayed for sale; and the place through which, or by means of which, the contract for sale may be completed.
(b) (3) (2) A car market operator must take reasonable steps to ensure that a motor vehicle trader offering or displaying a used motor vehicle for sale through the car market operator complies with the motor vehicle trader’s obligation in subsection (1).
Subsections (1) and (2) do not apply if a used motor vehicle is offered or displayed for sale— (a) (b) by a motor vehicle trader registered under this Act; and exclusively to other motor vehicle traders registered under this Act, or to licensed car wreckers, or to both.

Section 14: substituted, on 1 October 2010, by section 7 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
22 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 2 s 15 15 Particulars (including statement about buyer taking motor vehicle free of security interests) that must be contained in notice attached to used motor vehicle (1) All of the following particulars must be contained in every notice that, in accordance with section 14(1), must be attached to a used motor vehicle: (a) a statement that sets out the effect of section 58 of the Personal Property Securities Act 1999.
That section, as amended by section 145, is as follows: “58 Buyer or lessee of motor vehicle acquired from registered trader takes motor vehicle free of security interest A buyer or lessee of a motor vehicle who acquires the motor vehicle for value takes the motor vehicle free of any security interest in the motor vehicle if— “(a) the buyer or lessee is a consumer who ac- quires the motor vehicle from a registered trader (whether or not the motor vehicle trader is acting as a principal or as an agent for the seller or lessor in the transaction under which the buyer or lessee, as the case may be, acquires the motor vehicle); and the security interest was not created or provided for in a transaction to which the buyer or lessee is a party; and before the transaction to which the buyer or lessee is a party is completed, the security inter- est was not,— “(i) in the case of a used motor vehicle, dis- closed in accordance with sections 14 and 15 of the Motor Vehicle Sales Act 2003; or in any other case, disclosed in writing to the buyer or lessee.
“(ii) “(b) “(c) (b) (c) particulars (if any) that are contained in a consumer information standard prescribed by regulations made under section 27 of the Fair Trading Act 1986: any other prescribed particulars.

(2) Nothing in this section or section 14 derogates from any other enactment, including— 23 Part 2 s 16 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (a) (b) section 58 of the Personal Property Securities Act 1999; or section 27 of the Fair Trading Act 1986.
Subpart 2—Other requirements 16 Written acknowledgment that buyer has received copy (1) of notice must be obtained This section applies to a motor vehicle trader who is a party to, or acts as an agent for a party to, a contract for the sale of a used motor vehicle.
(2) A motor vehicle trader to whom this section applies must— (a) obtain a written acknowledgment from the buyer that the buyer has received a copy of the notice referred to in section 14(1),— (i) in the case of a car auctioneer, as soon as practic- able after the sale of the motor vehicle; or in any other case, immediately before the sale of the motor vehicle; and (ii) (b) keep a copy of that notice and acknowledgment for a period of not less than 6 years after the date of the ac- knowledgment; and (c) make a copy of that notice and acknowledgment avail- able for inspection at all reasonable times by the Regis- trar, or any person authorised by the Registrar, who asks to see it in accordance with section 125.
Subsection (2) does not apply if the sale of the used motor vehicle is to— (a) (b) Section 16(3): added, on 1 October 2010, by section 8 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

a motor vehicle trader registered under this Act; or a licensed car wrecker.

Requirements of section 16 may form part of contract for sale Nothing in section 16 prevents the acknowledgment being contained in the contract for the sale of a used motor vehicle.
(3) 17 24 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 2 s 19 18 19 (1) (2) (3) (4) (5) No contracting out of requirements of section 16 Section 16 has effect despite any provision to the contrary in any agreement or contract.
Duty of motor vehicle trader with respect to money received from sales on consignment of used motor vehicles This section and section 20 apply if a motor vehicle trader acts as an agent for another person (the principal) in the sale on consignment of a used motor vehicle.
If this section applies, the motor vehicle trader must pay to the principal all money received by the motor vehicle trader for the sale on consignment of the motor vehicle (less any fee or commission that the motor vehicle trader may lawfully charge for the sale)— (a) (b) immediately on demand by the principal; or if no demand is made, within 5 working days after the receipt of the money.
If, after reasonable inquiry, the principal cannot be found, the motor vehicle trader must pay the money to the principal as soon as the motor vehicle trader becomes aware of the princi- pal’s whereabouts.

The duty of a motor vehicle trader under subsection (2) is sub- ject to any written authority or instruction given to the motor vehicle trader by the principal.
The money referred to in this section— (a) is not available for payment of the debts of the motor vehicle trader; and is not liable to be attached or taken in execution under the order or process of any court at the instance of any creditor; and (b) (c) must not pass on the bankruptcy of the motor vehicle trader,— (i) (ii) in the case of a motor vehicle trader who is an individual, to the Official Assignee; or in the case of a motor vehicle trader that is a company, to the liquidator of that company.
(6) In this section and section 20, sale on consignment— 25 Part 2 s 20 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (a) means the sale of a used motor vehicle that has been delivered into the custody of a motor vehicle trader for the purpose of sale; but does not include a sale by auction of that motor vehicle.
(b) 20 Motor vehicle trader must provide account (1) If this section applies, the motor vehicle trader must immedi- ately on demand by the principal, or, if no demand is made, within 5 working days after the completion of the sale on con- signment, provide to the principal a written account setting out the particulars of— (a) all money received by the motor vehicle trader on the principal’s behalf in respect of that sale; and the manner in which the motor vehicle trader has ap- plied the money.
(b) (2) For the purposes of this section, a sale on consignment is com- pleted regardless of the fact that a notice of change of owner- ship has yet to be given in accordance with section 20 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.
21 Motor vehicle trader must keep record of contracts for sale (1) A motor vehicle trader must keep a record of each contract for the sale of any motor vehicle that the trader enters into as a party, or as an agent, in the course of carrying on the business of motor vehicle trading.
The record— (a) must include the prescribed information; and (b) must be kept for a period of not less than 6 years after (2) it has been made; and (c) must be available for inspection at all reasonable times by— (i) (ii) the Registrar, or any person authorised by the Registrar, who asks to see it in accordance with section 125: any constable (who may make copies of it as he or she thinks fit); and 26 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 2 s 24 (d) may be kept in electronic form so long as it is readily retrievable.
Section 21(2)(c)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

22 Duty to produce certificate of registration on demand A motor vehicle trader must, if asked by any person, produce for inspection by the person either— (a) the trader’s certificate of registration referred to in sec- tion 36; or a copy of that certificate.
(b) Subpart 3—Qualifications of motor vehicle traders Registration 23 Who may register A person may register as a motor vehicle trader under this Act if the person is— (a) (b) an individual or a company; and not disqualified from registration.
24 Persons disqualified from registration: individuals An individual is disqualified from registration if he or she is— (a) (b) (c) (d) under 18 years of age; or a banned person; or an undischarged bankrupt; or a person whose motor vehicle dealer’s licence has been cancelled, or who has been suspended as a licensee, under the former Act within,— (i) the preceding in the case of a cancellation, 5 years; or in the case of a suspension, 12 months; or (ii) the preceding (e) a person whose salesman’s registration or certificate of approval has been cancelled, or who has been sus- pended as a salesman, under the former Act within,— the preceding (i) in the case of a cancellation, 5 years; or 27 Part 2 s 24 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (f) (g) (h) (i) (j) (k) (l) (m) (ii) in the case of a suspension, 12 months; or the preceding a person who is an officer of a licensee company, a chief executive officer of a licensee company, or a branch manager and— (i) in respect of whom the approval of the Board under section 20 or section 21 or section 57(2) of the former Act has been cancelled; or (ii) who has been suspended under the former Act; or a person who held a motor vehicle dealer’s licence under the former Act and who is also a person against whom the Institute may exercise its right of subrogation under section 42 of that Act in relation to any payment out of the Fund arising from a claim against the Fund within the preceding 5 years for any act or thing done or omitted to be done by that person; or a person whose registration as a motor vehicle trader has been cancelled under section 42 within the preceding 5 years; or a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993; or a person who has been convicted of a crime involving dishonesty within the preceding 5 years; or a person who has been convicted of an offence against sections 17 to 22 or 24 to 26 of the Fair Trading Act 1986 within the preceding 5 years; or [Repealed] subject to a property order made under section 30 or section 31 of the Protection of Personal and Property Rights Act 1988.
Section 24(i): substituted, on 25 October 2006, by section 25 of the Securities Amendment Act 2006 (2006 No 46).

Section 24(l): repealed, on 10 September 2008, by section 10(2) of the Disabil- ity (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
28 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 2 s 27 25 Persons disqualified from registration: companies A company is disqualified from registration if— the company is a banned person; or (a) the company’s motor vehicle dealer’s licence has been (b) cancelled, or the company has been suspended as a li- censee, under the former Act within,— in the case of a cancellation, (i) 5 years; or in the case of a suspension, 12 months; or the preceding the preceding (ii) (c) (d) (e) (f) (g) the company is a licensee under the former Act and is also a person against whom the Institute may exercise its right of subrogation under section 42 of that Act in relation to any payment out of the Fund arising from a claim against the Fund within the preceding 5 years for any act or thing done or omitted to be done by that person; or the company is in liquidation; or the name of the company has been removed from the register of companies kept under section 360(1)(a) of the Companies Act 1993; or a person concerned in the management of the company is disqualified from registration in his or her own right under section 24; or the company’s registration as a motor vehicle trader has been cancelled under section 42 within the preceding 5 years.
26 27 (1) Exemptions from registration Crown exempt from requirement to register Nothing in this Act requires the Crown to be registered as a motor vehicle trader.
Power to exempt persons from requirement to register by Order in Council The Governor-General may, by Order in Council made on the recommendation of the Minister, exempt any person or class of persons from the requirement to register as a motor vehicle 29 Part 2 s 28 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 trader under section 10(1)(a), subject to any terms and condi- tions that may be specified in the order.
(2) Nothing in section 10(1)(b) applies to a person or class of per- sons exempted from the requirement to register as a motor ve- hicle trader by an Order in Council made under this section.

28 (1) Exemption may be recommended by Minister on application from any person The Minister may recommend the making of an order under section 27 on application from any person for an exemption.

(2) An application must be in the prescribed form and accompan- ied by the prescribed fee.
29 Matters Minister must take into account in recommending exemption In determining whether or not to recommend the making of an order under section 27, the Minister must consider the follow- ing matters: (a) (b) the purpose set out in section 3; and the manner in which the applicant proposes to carry on the business of motor vehicle trading, including the na- ture and extent of that business; and whether it is in the public interest to grant an exemption; and any other matters that the Minister considers relevant.
(c) (d) 30 (1) Process for making recommendation for exemption The Minister must not make a recommendation under section 27 unless— (a) the Minister has consulted with the persons, or represen- tatives of the persons, that the Minister considers will be substantially affected by any order made in accordance with the recommendation, and those persons have had the opportunity to comment to the Minister; and the Minister has considered those comments.
(b) (2) A failure to comply with subsection (1) does not affect the validity of any order made under section 27.
30 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 3 s 32 Part 3 Registration of motor vehicle traders Subpart 1—Procedure for registration of motor vehicle traders Application Application: general 31 (1) An application for registration must be made to the Registrar in the prescribed form and must be signed,— (a) if the application is made by an individual, by that per- son; or if the application is made by a company, by any person concerned in the management of the company.
(b) (2) An application must be accompanied by— (a) a statutory declaration made by,— (i) (ii) in the case of an application made by an indi- vidual, that person; or in the case of an application made by a company, each person concerned in the management of that company; and (b) (c) the prescribed application fee; and the levy imposed under section 143 (if any).
(3) A statutory declaration must state that the person making the declaration is not disqualified from registration as a motor ve- hicle trader in his or her own right.
Content of application 32 (1) An application must include the following information: (a) (b) if the application is made by an individual,— (i) the full name, residential address, date of birth, and occupation of that person; and the proposed trading name of the applicant’s motor vehicle trading business; and any further information and other material that may be prescribed: (ii) (iii) if the application is made by a company,— (i) the name of the company, the date of its incorp- oration, the address of its registered office, and its principal type of business; and 31 Part 3 s 33 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (ii) (iii) (iv) (v) the unique number assigned to the company on its incorporation; and the full name, residential address, date of birth, and occupation of each person concerned in the management of the company; and the proposed trading name of the applicant’s motor vehicle trading business; and any further information and other material that may be prescribed.
The application must also— (a) state the address for service of the applicant, which ad- dress— (i) must identify the place by reference to its loca- tion in a street or road; and (ii) must include, if available, the applicant’s fax number and email address; and (iii) must not be that of a Post Office box, a document exchange, or a rural delivery; and (b) contain a statutory declaration that verifies the matters referred to in this section and is made by,— (i) if the application is made by an individual, that person; or if the application is made by a company, any per- son concerned in the management of that com- pany.
(ii) Acceptance or refusal of application Registrar may accept or refuse application for registration The Registrar may accept or refuse an application for registra- tion.
Acceptance of application The Registrar must accept an application for registration if the Registrar is satisfied that— (a) one of the following circumstances applies: (i) if the application is made by an individual, that person is not disqualified from registration: (2) 33 34 (1) 32 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 3 s 37 (ii) if the application is made by a company, that company and each person concerned in the man- agement of that company are not disqualified from registration; and (b) the application is properly completed.
(2) An application is properly completed only if it complies with section 31 and includes all of the matters required by section 32.

35 (1) Refusal of application If the Registrar refuses an application for registration, the Registrar must notify the applicant in writing of the decision and the reasons for it within 10 working days after the decision is made.

(2) An applicant has the right to appeal, under section 64, the Registrar’s decision to refuse the application for registration.
Registration 36 37 (1) Registration If the Registrar accepts an application for registration, the Registrar must, as soon as practicable,— (a) (b) enter the applicant’s name on the register; and provide the applicant with a— (i) written notice of the date on which the applicant’s registration takes effect; and certificate of registration; and registration number or other unique identifier (if any).
(ii) (iii) Duration of registration The registration of a motor vehicle trader is effective for a period of 12 months commencing on the date of registration unless the registration is— (a) (b) cancelled under section 42; or surrendered by the motor vehicle trader in accordance with section 46 or section 47.

(2) A motor vehicle trader’s registration may be renewed for fur- ther periods, each not exceeding 12 months.
33 Part 3 s 38 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 38 Registration may not be transferred The registration of a motor vehicle trader— (a) may not be transferred; and (b) may not vest by operation of law in any person other than the motor vehicle trader registered under this Act.
Renewal of registration Renewal of registration 39 (1) An application for renewal of the registration of a motor ve- hicle trader must be made to the Registrar before the date on which the registration expires.
(1A) The application for renewal must— (a) (b) (c) (d) set out (with any necessary modifications) all the infor- mation specified in section 32(1) and (2)(a); and be accompanied by the prescribed fee (which is the same as the fee for registration under section 31(2)(b), unless a separate fee is prescribed); and be accompanied by the levy imposed under section 143 (if any); and include a certificate that confirms the matters identified in subsection (1B) and is signed by,— (i) if the application is made by an individual, that person; or if the application is made by a company, any per- son concerned in the management of the com- pany.
(ii) (1B) The certificate to be included in the application must con- firm— (a) (b) that the applicant or, in the case of an applicant that is a company, every person concerned in the management of the company is not disqualified from registration as a motor vehicle trader in his or her own right; and that the contents of the application are true and accurate.
(1C) The application for renewal may be accompanied by a statu- tory declaration of the kind referred to in section 40A(3)(b), made by a person concerned in the management of the com- pany, if the person has previously supplied only a certificate under section 40A(4).
34 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 3 s 40 (2) (3) 40 (1) (2) (b) Sections 33 to 38 apply to an application for renewal of regis- tration as if the application were an application for registration, except that— (a) an application for renewal is properly completed if it complies with subsections (1A) and (1B) of this section rather than with section 34(2); and if the Registrar accepts the application, he or she must provide the applicant with written notice of the date on which the renewal of registration takes effect, instead of providing the things listed in section 36(b).
If an application for renewal of registration has been made but not determined before the date on which the registration would otherwise expire, the registration continues in force until the application is determined.

Section 39(1A): inserted, on 1 October 2010, by section 9 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 39(1B): inserted, on 1 October 2010, by section 9 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Section 39(1C): inserted, on 1 October 2010, by section 9 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 39(2): substituted, on 1 October 2010, by section 9 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Obligation to notify Registrar of changes Heading: inserted, on 1 October 2010, by section 10 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Obligation to notify Registrar of change in circumstances The following persons must give written notice to the Regis- trar of any change in circumstances within 10 working days after the change: (a) (b) (c) In this section, change in circumstances— (a) means— (i) an applicant for registration: an applicant for renewal of registration: a motor vehicle trader registered under this Act.
any change in the information that a person re- ferred to in subsection (1) has provided under section 31, 32, or 39: 35 Part 3 s 40A Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (ii) any matter that results in that person becoming disqualified for registration under this Act; and includes any change that may be prescribed (if any).

(b) Section 40(2)(a)(i): amended, on 1 October 2010, by section 11 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
40A Obligation to notify Registrar if new person concerned (1) in management of company This section applies if— (a) (b) (b) (c) a person becomes concerned in the management of a company that is registered under this Act as a motor vehicle trader; and the person was not concerned in the management of the company at the time the company last applied for registration or renewal of registration under this Act.
(2) Within 30 working days of the person becoming concerned in the management of the company, the motor vehicle trader must notify the Registrar that a new person has become concerned in the management of the company.
The notification must be in writing and must— (a) (3) set out the full name, residential address, date of birth, and occupation of the new person; and include a statutory declaration by the new person that states that he or she is not disqualified from registration as a motor vehicle trader in his or her own right; and include the prescribed fee (if any) for notification under this section.
If the new person ordinarily spends fewer than 300 days each calendar year in New Zealand, the notification need not in- clude the statutory declaration required by subsection (3)(b), but must instead include a certificate signed by the new person stating that he or she is not disqualified from registration as a motor vehicle trader in his or her own right.
The option referred to in subsection (4) is not available if there are already 3 people concerned in the management of the com- pany who have taken advantage of that option and have not since supplied a statutory declaration of the kind referred to in subsection (3)(b).

(4) (5) 36 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 3 s 42 Section 40A: inserted, on 1 October 2010, by section 12 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Subpart 2—Removal from register General 41 Removal from register The Registrar must remove a motor vehicle trader’s name from the register if the Registrar— (a) cancels that motor vehicle trader’s registration in ac- cordance with section 42; or records the surrender of that motor vehicle trader’s registration in accordance with section 48; or records the expiry of that motor vehicle trader’s regis- tration in accordance with section 50.
(b) (c) Cancellation of registration 42 When Registrar must cancel registration (1) The Registrar must cancel the registration of a motor vehicle trader if the Registrar is satisfied that the motor vehicle trader— (a) has been registered by reason of any false or fraudulent representation or declaration, made either orally or in writing; or (b) made an application for registration that was accompan- ied by an application fee or levy payment that has sub- sequently been dishonoured; or is disqualified from registration under this Act; or has ceased to carry on the business of motor vehicle trading.
(c) (d) (1A) Subsection (1)(c) does not apply in respect of a motor vehicle trader who is disqualified from registration by virtue only of the making of a property order under section 30 of the Protec- tion of Personal and Property Rights Act 1988 (which relates to temporary orders).
(1B) The Registrar must cancel the registration of a motor vehicle trader that is a company if the Registrar is satisfied that any person concerned in the management of the company is dis- qualified from registration under this Act.

37 Part 3 s 43 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (2) A motor vehicle trader has the right to appeal, under section 64, the Registrar’s decision to cancel the trader’s registration.
Section 42(1A): inserted, on 10 September 2008, by section 10(3) of the Dis- ability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 42(1B): inserted, on 1 October 2010, by section 13 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Process for cancellation The process for cancellation is as follows: (a) (b) (c) (d) the Registrar must give the motor vehicle trader written notice of the Registrar’s intention to cancel the registra- tion of the motor vehicle trader; and the notice must— (i) contain or be accompanied by a statement of the Registrar’s reasons for the cancellation; and state that the cancellation takes effect on a speci- fied date unless the motor vehicle trader makes, within 10 working days after receiving the no- tice, written representations to the Registrar as to why that trader’s registration should not be so cancelled; and (ii) if any written representations are made by the motor ve- hicle trader within the 10-working-day period referred to in paragraph (b)(ii), the Registrar must take those rep- resentations into account in deciding whether or not to cancel the registration; and the Registrar must,— (i) if no written representations are made by the motor vehicle trader within the 10-working-day period referred to in paragraph (b)(ii), record the cancellation on the register as soon as practic- able; or if written representations are made by the motor vehicle trader within the 10-working-day period referred to in paragraph (b)(ii), give written no- tice to the motor vehicle trader of the Registrar’s decision as soon as practicable.
(ii) If the Registrar decides to cancel the registration, the Registrar must— 43 (1) (2) 38 Reprinted as at 1 January 2011 (a) Motor Vehicle Sales Act 2003 Part 3 s 47 include in the notice referred to in subsection (1)(d)(ii) a statement indicating— (i) the grounds on which the Registrar decided to cancel the trader’s registration; and the date on which the cancellation takes effect; and (ii) 44 45 (b) record the cancellation on the register as soon as prac- ticable.
Effective date of cancellation The cancellation takes effect on the date specified by the Registrar in the last notice given to the motor vehicle trader under section 43, which must be a date after the date of that notice.
Name must be entered immediately on list of banned persons in certain cases The Registrar must record the motor vehicle trader’s name on the list referred to in section 73 immediately after completing the process for cancellation set out in section 43 if the Registrar decides to cancel a motor vehicle trader’s registration under section 42(1)(c) because the motor vehicle trader is— (a) (b) a banned person; and accordingly disqualified from registration.
Surrender of registration 46 Voluntary surrender A motor vehicle trader may, at any time, surrender that motor vehicle trader’s registration by written notice to the Registrar.

47 Mandatory surrender If a motor vehicle trader ceases to carry on the business of motor vehicle trading, that motor vehicle trader must, within 20 working days of so ceasing,— (a) (b) notify the Registrar in writing of that fact; and surrender that motor vehicle trader’s registration to the Registrar.
39 Part 3 s 48 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 48 49 50 Registrar must record surrender on register As soon as possible after being notified of a surrender under section 46 or section 47, the Registrar must record the surren- der on the register.

Effective date of surrender The surrender takes effect from the date stated in the register.
Expiry of registration Expiry of registration If no application for the renewal of a motor vehicle trader’s registration is made on or before the date on which that regis- tration would otherwise expire, the Registrar must record the expiry of that registration in the register as soon as practicable after that date.

51 Effective date of expiry The expiry takes effect from the date stated in the register.
Subpart 3—Miscellaneous provisions Register of motor vehicle traders Register of motor vehicle traders 52 (1) A register of motor vehicle traders must be kept in New Zealand.

The register may be— (a) (b) The register must be operated at all times unless— (a) an electronic register; or kept in any other manner that the Registrar thinks fit.
the Registrar suspends the operation of the register, in whole or in part, in accordance with subsection (4); or (b) otherwise provided in regulations made under this Act.

The Registrar may refuse access to the register or otherwise suspend the operation of the register, in whole or in part, if the Registrar considers that it is not practical to provide access to the register.
(2) (3) (4) 40 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 3 s 54 53 54 Purpose of register The purpose of the register is— (a) to enable a member of the public to— (i) know who is responsible for a motor vehicle trad- ing business; and know how to contact a motor vehicle trader, if required (for example, for the purpose of seeking redress in connection with a contract for the sale of a motor vehicle); and determine whether or not a person is registered as a motor vehicle trader under this Act; and (ii) (iii) (b) (c) to facilitate the ability of the Ministry or the Commerce Commission to enforce the provisions of this Act or of any consumer protection legislation; and to facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
(b) Contents of register The register must contain all of the following information: (a) in the case of a motor vehicle trader who applied for registration as an individual, the full name, residential address, date of birth, and occupation of that person: in the case of a motor vehicle trader who applied for registration as a company,— (i) (ii) the name of the company; and the address of the company’s registered office; and the unique number assigned to the company on its incorporation; and the full name, residential address, date of birth, and occupation of each person concerned in the management of the company: (iii) (iv) (c) (d) (e) the registration number or other unique identifier pro- vided to the motor vehicle trader on registration under section 36: the address for service of the motor vehicle trader: the name stated in the motor vehicle trader’s application for registration as the trading name of that motor vehicle 41 Part 3 s 55 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 trader’s business or any other name subsequently noti- fied to the Registrar as the trading name that the motor vehicle trader wishes to use for that business (including, in the case of a motor vehicle trader who has several trading names for that motor vehicle trader’s business, those names): the date of registration of the motor vehicle trader and the date of each renewal of registration: if applicable, the date on which the cancellation or sur- render of the motor vehicle trader’s registration took ef- fect: any other particulars that may be prescribed.
(f) (g) (h) Alterations to register The Registrar may, at any time, make any amendments to the register that are necessary to— (a) reflect any changes in the information referred to in sec- tion 54; or correct a mistake caused by any error or omission on the part of the Registrar or any person to whom the Registrar has delegated his or her functions, duties, or powers.
(b) Searches of register Search of register A person may search the register in accordance with this Act or regulations made under this Act.
Search criteria The register may be searched only by reference to the follow- ing criteria: (a) in the case of a motor vehicle trader who applied for registration as an individual,— (i) (ii) the name of the motor vehicle trader: the residential address of the motor vehicle trader: the name and residential address of the motor vehicle trader: (iii) 55 56 57 42 Reprinted as at 1 January 2011 (b) (c) (d) (e) Motor Vehicle Sales Act 2003 Part 3 s 59 (v) (iv) in the case of a motor vehicle trader who applied for registration as a company,— (i) (ii) (iii) the name of the company: the address of the company’s registered office: the name of the company and the address of its registered office: the unique number assigned to the company on its incorporation: the name of a person concerned in the manage- ment of the company: the residential address of a person concerned in the management of the company: the name and residential address of a person con- cerned in the management of the company: the registration number or other unique identifier pro- vided to the motor vehicle trader on registration under section 36: the trading name of the motor vehicle trader’s business: any prescribed criteria.
(vii) (vi) 58 Search purposes A search of the register may be carried out only by the follow- ing persons for the following purposes: (a) an individual, or a person with the consent of the in- dividual, for the purpose of searching for information about that individual: a person for the purpose of determining— (i) who is responsible for a motor vehicle trading business: how to contact a motor vehicle trader registered under this Act: (ii) (b) (iii) whether or not a person is registered as a motor vehicle trader under this Act.
59 When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out in accordance with sections 56 to 58 consti- 43 Part 3 s 60 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 60 (1) (2) 61 tutes an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.
Registrar of Motor Vehicle Traders Appointment of Registrar of Motor Vehicle Traders The chief executive of the Ministry must appoint, under the State Sector Act 1988, a Registrar of Motor Vehicle Traders.

The person holding office as Registrar of Companies under the Companies Act 1993 immediately before the commencement of this Act must be treated as if that person had been appointed as the Registrar of Motor Vehicle Traders in accordance with this section.
Functions of Registrar The functions of the Registrar are— (a) to establish and maintain a register of motor vehicle traders; and to enter the name of a motor vehicle trader on the regis- ter and to issue a certificate of registration under section 36; and to cancel the registration of a motor vehicle trader under section 42; and to perform any other functions conferred on the Regis- trar by this Act.
(b) (c) (d) 62 (1) Power of Registrar to delegate The Registrar may delegate to any person, either generally or particularly, any of the Registrar’s functions, duties, and powers except the power of delegation.

(2) A delegation— (a) must be in writing; and (b) may be made subject to any restrictions and conditions (c) (d) the Registrar thinks fit; and is revocable at any time, in writing; and does not prevent the performance or exercise of a func- tion, duty, or power by the Registrar.
(3) A person to whom any functions, duties, or powers are dele- gated may perform and exercise them in the same manner and 44 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 3 s 65 with the same effect as if they had been conferred directly by this Act and not by delegation.

(4) A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
Certificate of Registrar is sufficient evidence 63 (1) A certificate signed by the Registrar in relation to the matters referred to in subsection (2) is for all purposes sufficient evi- dence, in the absence of proof to the contrary, of those matters specified in the certificate.

The matters are— (a) that any person was or was not registered at any particu- lar time or during any period specified in the certificate; or that any entry in the register is as stated in the certificate.
(2) (b) Appeals against decisions of Registrar Right of appeal 64 (1) Any person may appeal to a District Court against the follow- ing decisions: (a) a decision of the Registrar to refuse to register that per- son as a motor vehicle trader: a decision of the Registrar to cancel that person’s regis- tration as a motor vehicle trader.
(2) An appeal under this section must be made by giving notice of 20 working days after the date on which notice of the decision was communicated to the appellant; or any further time that a District Court may allow on application made before or after the expiration of that period.
(b) (b) appeal within— (a) 65 District Court may make interim order pending determination of appeal (1) At any time before the final determination of an appeal, a Dis- trict Court may make an interim order allowing the appellant to carry on the business of motor vehicle trading.

45 Part 3 s 66 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (2) An interim order may be subject to any conditions that the District Court thinks fit.
If a District Court refuses to make an interim order, the person or persons who applied for the order may, within 1 month after the date of the refusal, appeal to the High Court against the decision.
Duties of Registrar if interim order made If an interim order is made allowing the appellant to carry on the business of motor vehicle trading, the Registrar must,— (a) in the case of a person who is appealing the Registrar’s decision to refuse to register that person, enter that per- son’s name on the register; and in the case of a person who is appealing the Registrar’s decision to cancel that person’s registration,— (i) (b) if the interim order is made before the cancella- tion takes effect, retain that person’s name on the register; or if the interim order is made after the cancellation takes effect, restore that person’s name on the register.
(ii) To enable the Registrar to fulfil the duties imposed by this section, the Registrar of the court in which the interim order is made must send a copy of the order to the Registrar as soon as practicable.

Determination of appeal In determining an appeal, a District Court may confirm or re- verse the decision of the Registrar.

The District Court’s decision in the determination of an appeal is final.
To avoid doubt, nothing in this section affects the right of any person to apply, in accordance with law, for judicial review.
(3) 66 (1) (2) 67 (1) (2) (3) 46 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 68 Part 4 Enforcement Subpart 1—Banning Ban imposed by Act 68 (1) Persons banned from participating in business of motor vehicle trading The following persons are banned from participating in the business of motor vehicle trading: (a) a person who has had 2 or more convictions entered against that person’s name within a period of 10 con- secutive years for any of the following offences: (i) carrying on the business of motor vehicle trading without being registered under this Act, as set out in section 95(1)(a): holding out to be a motor vehicle trader without being registered under this Act, as set out in sec- tion 95(1)(b): failing to pay money to a principal, as set out in section 103: entering false information into a record of con- tracts for sale, as set out in section 105(1)(a): falsifying any matter recorded in a record of con- tracts for sale, as set out in section 105(1)(b): (ii) (iii) (iv) (v) (b) (vi) making a false statutory declaration, giving a false certificate, or providing false or misleading information, as set out in section 107: failing to notify the Registrar when a new person becomes concerned in the management of a com- pany, as set out in section 108A: (vii) a person who has, more than once within a period of 10 consecutive years, done any of the following things: (i) failed to comply with an order of the Disputes Tribunal: been concerned in the management of a company that is a banned person: been concerned in the management of a company that is registered as a motor vehicle trader under this Act and that has gone into liquidation be- (ii) (iii) 47 Part 4 s 68 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (iv) (v) cause of the company’s inability to pay its debts as and when they became due: been concerned in the management of a com- pany that has failed to provide compensation for any loss incurred by a finance company result- ing from the company selling a motor vehicle
 for which that finance company holds a security in- terest: been concerned in the management of a company that has failed to comply with an order of the Disputes Tribunal: (c) a motor vehicle trader, or a person who has at any time within the previous 5 years been a motor vehicle trader, who— (i) is prohibited from being a director or promoter of, or being concerned or taking part in the man- agement of, an incorporated or unincorporated body under the Companies Act 1993, or the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993; or is convicted of a crime involving dishonesty; or is convicted of an offence against sections 17 to 22 or sections 24 to 26 of the Fair Trading Act 1986: has, more than once within a period of 10 con- secutive years, been adjudged bankrupt or failed to provide compensation for any loss incurred by a finance company resulting from the person sell- ing a motor vehicle for which that finance com- pany holds a security interest: (ii) (iii) (iv) (d) a person who is convicted of the offence of tampering with odometers, as set out in section 99.
(2) A ban under subsection (1) has effect for a period of 5 years starting on and from the date of the conviction, failure, or mat- ter, as the case may be, for which the ban is imposed by this Act.
For the purposes of this section, if 2 or more convictions are entered against a person’s name for offences that arise out of the same set of circumstances, those convictions must be (3) 48 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 69 treated as a single conviction towards the number of convic- tions under subsection (1)(a) for which a ban may be imposed by this Act.
Section 68(1)(a)(vi): substituted, on 1 October 2010, by section 14(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 68(1)(a)(vii): added, on 1 October 2010, by section 14(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 68(1)(c): amended, on 1 October 2010, by section 14(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 68(1)(c)(i): substituted, on 25 October 2006, by section 25 of the Se- curities Amendment Act 2006 (2006 No 46).
Ban ordered by court 69 Power to ban certain persons from participating in business of motor vehicle trading (1) A District Court may, on the application of any person, make an order banning any person from participating in the business of motor vehicle trading if— (a) both of the following circumstances apply: (i) the person has been convicted of a specified of- fence but is not banned from participating in the business of motor vehicle trading under section 68; and the District Court considers that the person is not a fit and proper person to participate in that busi- ness; or (ii) (b) the District Court considers that there is sufficient evi- dence to indicate that the person is not a fit and proper person to participate in the business of motor vehicle trading.
(2) Every application to a District Court under this section must be made by an originating application.

(3) A ban under this section has effect from the date on which the order is made even though an appeal may have been lodged under section 72.
(4) An order may be— (a) made even though the person concerned may be crim- inally liable for the matters on the grounds of which the order is to be made; and 49 Part 4 s 70 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (b) (c) (d) for a specified time; and subject to the terms and conditions that the District Court thinks fit; and cancelled or varied at any time by the District Court.
(5) As soon as practicable after an order is made, the Registrar of the District Court must send a copy of the order to the Regis- trar.
70 (1) Notice of hearing If an application is made for an order under section 69, the Registrar of the District Court must— (a) (b) fix the time and place for the hearing of the application; and as soon as practicable, give notice of the application and of the time and place of hearing in the prescribed form to— (i) (ii) (iii) the applicant; and the respondent; and any other person who appears to the Registrar of the District Court to have a sufficient connection with the proceedings (for example, if not already a party to the proceedings, the Registrar or the Commerce Commission).
(2) On the hearing of the application,— (a) (b) (c) the applicant must appear and call to the attention of the District Court any matters that seem to the applicant to be relevant, and may give evidence or call witnesses; and the respondent may appear and give evidence or call witnesses; and any person referred to in subsection (1)(b)(iii) may also appear and be heard.
District Court may order payment of costs In any proceedings under section 69, the District Court may,— by order, award to any party costs that the court consid- (a) ers reasonable; and direct how and to which parties the costs must be paid.
(b) 71 (1) 50 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 73 (2) A party in whose favour an order under subsection (1) has been made may recover the costs awarded by the District Court as a debt by the party against whom the order has been made.
Appeals to High Court 72 (1) Any person who had a right to appear and be heard in any proceedings under section 69 may appeal to the High Court if a District Court— (a) has made or refused to make an order under that section; or has otherwise finally determined or has dismissed the proceedings.
(b) (2) An appeal under this section must be made within— (a) (b) 20 working days after the making of the order or deci- sion; or any further time that the High Court may allow on appli- cation made before or after the expiration of that period.

(3) In determining an appeal, the High Court may— (a) make any order that a District Court may make under (b) (c) sections 69 and 71; or cancel an order made by a District Court; or vary any term or condition of an order made by a Dis- trict Court.
The High Court’s decision in the determination of an appeal is final.

To avoid doubt, nothing in this section affects the right of any person to apply, in accordance with law, for judicial review.

List of banned persons List of banned persons to be kept by Registrar The Registrar must ensure that a list of banned persons is kept for the purposes of this Act.
The list may be— (a) (b) The list must be operated at all times unless— (a) an electronic list; or kept in any other manner that the Registrar thinks fit.

the Registrar suspends the operation of the list, in whole or in part, in accordance with subsection (4); or (4) (5) 73 (1) (2) (3) 51 Part 4 s 74 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 otherwise provided in regulations made under this Act.
(b) The Registrar may refuse access to the list or otherwise sus- pend the operation of the list, in whole or in part, if the Regis- trar considers that it is not practical to provide access to the list.
Purpose of list The purpose of the list is— (a) to enable a member of the public to determine whether or not a person is a banned person; and to prevent banned persons from participating in the motor vehicle trading industry; and to facilitate the Ministry’s enforcement, compliance, audit, and other supporting and administrative functions under this Act.
Contents of list The list must contain all of the following information about every banned person: (a) in the case of an individual, the full name, last known residential address, and date of birth of that person: in the case of a company,— (i) (ii) the name of the company; and the address of the company’s registered office; and the unique number assigned to the company on its incorporation; and the full name, residential address, and date of birth of each person concerned in the manage- ment of the company: (iii) (iv) if applicable, the registration number or other unique identifier provided to the person on registration under section 36: if applicable, the trading name of the person’s motor vehicle trading business: the period of the ban: the reason for the ban: (b) (c) (b) (c) (d) (e) (f) (4) 74 75 52 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 77 (g) (h) in the case of a person who is banned under section 69, any terms or conditions imposed by the District Court or, as the case may be, the High Court: any other particulars that may be prescribed.
76 77 (1) (2) Alterations to list The Registrar may, at any time, make any amendments to the list that are necessary to— (a) reflect any variations to an order made by the District Court under section 69; or reflect the decision of the High Court in determining an appeal under section 72; or correct a mistake caused by any error or omission on the part of the Registrar or any person to whom the Registrar has delegated his or her functions, duties, or powers.
(b) (c) Procedure for recording names of banned persons on list Before recording the name of a banned person on the list, the Registrar must give written notice to that person as soon as is practicable after the date on which the ban takes effect.
The notice must,— (a) in the case of a person who is banned under section 68, refer to the conviction, failure, or matter, as the case may be, that makes the person liable to have his or her name recorded on the list; and in the case of a person who is banned under section 69, describe the order made by the District Court or, as the case may be, the High Court under that section and the date on which the order was made; and state that the banned person may, within 10 working days after the date of the notice, make written repre- sentations to the Registrar as to why that person’s name should not be so recorded.
(b) (c) (3) If, after considering any representations made under subsec- tion (2)(c), the Registrar is satisfied that there are no reasons why the person’s name should not be recorded on the list, the Registrar must record the person’s name and give written no- tice to the person accordingly.

53 Part 4 s 78 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (4) This section is subject to section 45.
Searches of list Search of list A person may search the list in accordance with this Act or regulations made under this Act.
(b) Search criteria The list may be searched only by reference to the following criteria: (a) in the case of a banned person who is an individual,— (i) (ii) (iii) the name of the person: the last known residential address of the person: the name and last known residential address of the person: (iv) the name and date of birth of the person: in the case of a banned person that is a company,— (i) (ii) (iii) the name of the company: the address of the company’s registered office: the name of the company and the address of its registered office: the unique number assigned to the company on its incorporation: the name of a person concerned in the manage- ment of the company: the residential address of a person concerned in the management of the company: the name and residential address of a person con- cerned in the management of the company: (viii) the name and date of birth of a person concerned (vii) (vi) (iv) (v) in the management of the company: (c) (d) (e) if applicable, the registration number or other unique identifier provided to the banned person on registration under section 36: if applicable, the trading name of the banned person’s motor vehicle trading business: any prescribed criteria.
78 79 54 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 82 80 Search purposes A search of the list may be carried out only by the following persons for the following purposes: (a) an individual, or a person with the consent of the in- dividual, for the purpose of searching for information about that individual: a person for the purpose of determining whether or not a person is a banned person.
(b) 81 When search constitutes interference with privacy of individual A search of the list for personal information that has not been carried out in accordance with sections 78 to 80 constitutes an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.
Subpart 2—Motor Vehicle Disputes Tribunals Constitution 82 Motor Vehicle Disputes Tribunals (1) The Minister must, by notice in the Gazette, establish 1 or more Motor Vehicle Disputes Tribunals for the purposes of this Act.

The Minister may— (a) (b) Each Disputes Tribunal must consist of— (a) give a distinctive name to each Disputes Tribunal; and change that name.
an adjudicator who must be a barrister or solicitor of the High Court of not less than 5 years’ practice; and an assessor appointed by the adjudicator for the pur- poses of each hearing from a panel maintained by the Minister under section 88.

(b) The provisions of Schedule 1 apply to every Disputes Tribunal.

The Minister may, by notice in the Gazette,— (a) (b) disestablish a Disputes Tribunal; and direct how the records of that Disputes Tribunal are to be dealt with.
55 (2) (3) (4) (5) Part 4 s 83 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Adjudicators 83 (1) Appointment of adjudicators Every adjudicator must be appointed by the Governor-General on the joint recommendation of the Minister and the Minister of Justice.

(2) No person is to be treated as being employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of that person’s appointment as an adjudicator.
84 (1) Term of office of adjudicators Except as provided in section 85, every adjudicator— (a) must hold office for a term not exceeding 5 years; and (b) may be reappointed for 1 further term not exceeding 5 years.
(2) Unless an adjudicator sooner vacates office under section 85, every adjudicator whose term of office has expired must con- tinue to hold office until— (a) (b) (c) he or she is reappointed; or a successor is appointed; or he or she is informed in writing by the Minister that he or she is not to be reappointed.

Vacation of office 85 (1) An adjudicator is to be taken to have vacated office if he or she dies or is adjudged bankrupt under the Insolvency Act 2006.
(2) An adjudicator may, at any time, be removed from office by the Minister for inability to perform the duties of office, neglect of duty, or misconduct proved to the satisfaction of that Minister.

(3) An adjudicator may, at any time, resign his or her office by giving written notice to that effect to the Minister.

Section 85(1): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
Remuneration and allowances of adjudicators 86 (1) An adjudicator is entitled to receive, out of public money appropriated by Parliament for the purpose, the remuneration 56 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 88 (2) 87 (1) (2) that the Remuneration Authority determines in accordance with the Remuneration Authority Act 1977.
Travelling allowances and expenses must be paid to an adjudi- cator in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly.

Section 86(1): amended, on 15 December 2003, pursuant to section 3(3) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Adjudicator to submit annual report The adjudicator of each Disputes Tribunal must submit an an- nual report to the Minister within 3 months after 30 June in each year.
The report must— (a) summarise the applications dealt with during the year; and detail any cases that in the adjudicator’s opinion require special mention; and (b) (c) make any recommendations for amendments to this Act (if any) that the adjudicator thinks desirable based on the experience of the Disputes Tribunal.
(3) Within 28 days of receiving an adjudicator’s annual report, the Minister— (a) must make it available, free of charge, on an Internet site that is publicly accessible at all reasonable times; and (b) may also make it publicly available in whatever other ways he or she considers appropriate.

Section 87(1): amended, on 1 October 2010, by section 15(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Section 87(3): substituted, on 1 October 2010, by section 15(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Panel 88 (1) (2) Panel of persons who may be appointed as assessors The Minister must maintain a panel of persons who may be appointed as assessors under section 82(3)(b).
In considering the suitability of any person for inclusion on the panel, the Minister must have regard to— 57 Part 4 s 89 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (a) (b) the person’s personal attributes, qualifications, and skills; and the need for persons included on the panel to have be- tween them knowledge of, or experience in, the differ- ent aspects of matters likely to come before the Disputes Tribunal.
The name of a person— (a) must be included on the panel for a period of 5 years; (3) (b) and subject to the approval of the Minister, may be retained on the panel for 1 further period of 5 years.
(4) However, the name of a person must be removed from the panel if— (a) the person dies or is adjudged bankrupt under the Insol- vency Act 2006; or the Minister directs that the name of the person be re- moved from the panel for inability to perform the duties of an assessor; or the period during which the person’s name may be in- cluded on the panel has expired; or the person requests by writing addressed to the Minister that the person’s name be removed.
(b) (c) (d) (5) If subsection (4)(c) or (d) applies, the name of the person must not be removed from the panel until any hearings in respect of which that person was appointed to the Disputes Tribunal have concluded.

Section 88(4)(a): amended, on 3 December 2007, by section 445 of the Insol- vency Act 2006 (2006 No 55).
Jurisdiction Jurisdiction of Disputes Tribunal 89 (1) A Disputes Tribunal has jurisdiction, on the application of any party, to— (a) inquire into and determine any application or claim, as the case may be, under any of the following Acts if that application or claim is in respect of the sale of any motor vehicle: (i) (ii) the Sale of Goods Act 1908: the Fair Trading Act 1986: 58 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 89 (iii) (iv) the Consumer Guarantees Act 1993: the Contractual Remedies Act 1979; and (b) make any order that a court or a Disputes Tribunal con- stituted under the Disputes Tribunals Act 1988 may make under,— (i) in the case of proceedings under the Sale of Goods Act 1908, section 53 of that Act; or in the case of proceedings under the Fair Trading Act 1986, section 43(2) of that Act; or in the case of proceedings under the Consumer Guarantees Act 1993, section 39 or 47 of that Act; or in the case of proceedings under the Contractual Remedies Act 1979, section 9 of that Act.
(ii) (iii) (iv) (2) A Disputes Tribunal may order that the rights and obligations of the buyer of a motor vehicle under a collateral credit agree- ment vest in a motor vehicle trader if— (a) the collateral credit agreement is associated with the contract for the sale of that motor vehicle; and the motor vehicle trader is a party to that contract for sale; and either one of the following circumstances applies: (i) (b) (c) (ii) the buyer exercises the right conferred by the Consumer Guarantees Act 1993 to reject that motor vehicle and, on a claim by the buyer under section 47(1) of that Act, the Disputes Tribunal orders the motor vehicle trader to refund any money paid, or other consideration provided, for that motor vehicle; or the Disputes Tribunal finds that the buyer has suf- fered, or is likely to suffer, loss or damage by the conduct of the motor vehicle trader that con- stitutes, or would constitute, any of the conduct referred to in section 43(1) of the Fair Trading Act 1986 and the Disputes Tribunal makes an order under section 43(2) of that Act declaring the whole or any part of the contract for sale to be void.
59 Part 4 s 90 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (3) (4) (5) For the purposes of subsection (2), collateral credit agree- ment, in relation to a contract for the sale of a motor vehicle, means a contract or agreement arranged or procured by the motor vehicle trader or the buyer for the provision of credit by a person other than by the motor vehicle trader to enable the buyer to pay the price reserved by the contract for sale in re- spect of the motor vehicle.
This section is subject to section 90.

The Limitation Act 2010 prescribes defences in respect of claims based on an act or omission after 31 December 2010.

Section 89(1)(a)(iii): substituted, on 1 October 2010, by section 16(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 89(1)(a)(iv): added, on 1 October 2010, by section 16(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Section 89(1)(b)(iii): substituted, on 1 October 2010, by section 16(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 89(1)(b)(iv): added, on 1 October 2010, by section 16(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 89(5): added, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110).
90 Limits on jurisdiction of Disputes Tribunals (1) A Disputes Tribunal has jurisdiction only if— (a) (b) one party, but not both parties, to the application or claim is a motor vehicle trader; and the total sum of the application or claim does not exceed $100,000.

(2) Despite subsection (1)(b), the parties to the application or claim may consent in writing to the determination of the application or claim by the Disputes Tribunal.
Section 90(1)(b): amended, on 1 October 2010, by section 17 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Disputes Tribunal’s jurisdiction not excluded 91 (1) A provision in any contract to exclude or limit the jurisdiction of a Disputes Tribunal or the right of any person to invoke that jurisdiction has no effect.
(2) A Disputes Tribunal has jurisdiction despite a provision in any contract that provides for— 60 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 94 (a) (b) the submission to arbitration of any dispute or differ- ence arising under that contract; or the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to that contract.
Subsection (1) does not apply if a cause of action has accrued, or is believed to have accrued, to a person and that person has agreed to the settlement or compromise of the dispute based on that cause of action.

Jurisdictions of other courts not limited To avoid doubt, nothing in this Act prevents the parties to a contract for the sale of a motor vehicle from submitting a claim arising under the contract to a court or other body that also has jurisdiction to determine the matter.
(3) 92 Transfer of proceedings 93 (1) A Disputes Tribunal that has no jurisdiction to hear and deter- mine any proceedings may order the proceedings to be trans- ferred to a court or other body that has jurisdiction to determine the matter.
(2) A Disputes Tribunal may order that any proceedings be trans- ferred to a court or other body that also has jurisdiction to de- termine the matter if the Disputes Tribunal is satisfied that the proceedings would be more properly determined in that court or other body.

Notice of decisions Heading: substituted, on 1 October 2010, by section 18 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
94 (1) (2) Decisions to be publicly available Every decision of the Disputes Tribunal on an application or claim must be made publicly available as soon as practicable after the last date on which any appeal against the decision may be lodged.
The ways in which decisions are made publicly available must include making a copy of the decision available, free of charge, 61 Part 4 s 95 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (3) on an Internet site that is publicly accessible at all reasonable times.

If a decision is appealed, a statement to the effect that the deci- sion has been appealed must be included with the copy of the decision that is made publicly available.
Section 94: substituted, on 1 October 2010, by section 18 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Subpart 3—Offences Offences relating to requirement to be registered 95 Offence to carry on business of motor vehicle trading or to hold out to be motor vehicle trader unless registered (1) A person commits an offence if the person, without being registered under this Act,— carries on the business of motor vehicle trading; or (a) (b) holds out that the person is a motor vehicle trader.
The penalty on conviction for an offence against this section is set out in section 118.

(2) Offences relating to banned persons 96 Offence for banned person to participate in business of motor vehicle trading (1) A person commits an offence if the person participates in the business of motor vehicle trading while that person is a banned person.

The penalty on conviction for an offence against this section is set out in section 118.
(2) 97 Offence to contravene conditions imposed on banned person by court (1) A banned person commits an offence if the person fails to com- ply with any conditions of the ban imposed by the District Court or, as the case may be, the High Court under section 69(4)(c).

The penalty on conviction for an offence against this section is set out in section 118.
(2) 62 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 101 (2) Offence to employ or engage banned persons 98 (1) A person commits an offence if the person employs or en- gages, or continues to employ or engage, a banned person in any capacity that involves participation in the business of motor vehicle trading.
It is a defence to a charge of an offence against this section to prove that the defendant took all reasonable steps to ensure that only persons who are not banned under section 68 or section 69 from participating in the business of motor vehicle trading are employed or engaged by the defendant.

The penalty on conviction for an offence against this section is set out in section 117.
(3) Offence relating to tampering with odometers Offence to tamper with odometers 99 (1) A person commits an offence if, without reasonable excuse, the person tampers with a motor vehicle’s odometer.

The penalty on conviction for an offence against this section is set out in section 118.
(2) 100 Evidence in prosecutions for offence of tampering with odometers In a prosecution for an offence against section 99, evidence that a motor vehicle’s odometer reading when the vehicle was in the possession of any person was less than the reading when that person took possession of the vehicle is evidence that the vehicle’s odometer was tampered with by that person.
Offences relating to disclosure requirements 101 Failure to display particulars about used motor vehicle offence under Fair Trading Act 1986 A person who fails to comply with section 14(1) must be taken to have contravened section 28 of the Fair Trading Act 1986 for the purposes of section 40 of that Act.

Section 101: substituted, on 17 May 2005, by section 4 of the Motor Vehicle Sales Amendment Act 2005 (2005 No 61).
63 Part 4 s 102 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 102 Failure by car market operator to comply with section 14(2) an offence (1) A car market operator commits an offence if the car market operator, contrary to section 14(2), fails to take reasonable steps to ensure that a motor vehicle trader who sells any used motor vehicle through the car market operator complies with the motor vehicle trader’s obligations under section 14(1).
The penalty on conviction for an offence against this section is set out in section 116.

Section 102 heading: amended, on 1 October 2010, by section 19(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

(2) Section 102(1): substituted, on 1 October 2010, by section 19(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Offences relating to other requirements for motor vehicle trading 103 Offence to fail to pay money to principal (1) A person commits an offence if the person fails to pay money (2) to a principal in accordance with section 19.

The penalty on conviction for an offence against this section is set out in section 117.

104 Offence to fail to provide account (1) A person commits an offence if the person fails to provide an (2) account in accordance with section 20.
The penalty on conviction for an offence against this section is set out in section 117.

105 Offence to falsify record of contracts for sale (1) A person commits an offence if the person— (a) (b) enters any false information into a record of contracts for sale; or falsifies any matter recorded in a record of contracts for sale; or otherwise fails to comply with section 21.

(c) The penalty on conviction for an offence against this section is set out in section 116.
(2) 64 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 108 106 Duty to produce certificate of registration (1) A person commits an offence if the person fails, without rea- sonable excuse, to produce for inspection that person’s certifi- cate of registration, or a copy of that certificate, when asked to do so by any person.

The penalty on conviction for an offence against this section is set out in section 116.
(2) Offences relating to registration and notification to Registrar Heading: substituted, on 1 October 2010, by section 20 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
107 Offence of providing false declarations, etc (1) A person commits an offence if the person— (b) (a) makes a false statutory declaration or certificate under any of sections 31, 32, or 40A, knowing it to be false; or gives a false certificate in an application under section 39 for renewal of registration, knowing it to be false; or for the purpose of applying for registration or renewal of registration, or of notifying the Registrar of changes under section 40 or 40A supplies the Registrar with any false or misleading information, knowing it to be false or misleading.
(c) (2) The penalty on conviction for an offence against this section is set out in section 118.

Section 107: substituted, on 1 October 2010, by section 20 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

108 Offence to fail to notify change in circumstances (1) A person commits an offence if the person fails, without rea- sonable excuse, to notify the Registrar of any change in cir- cumstances in accordance with section 40.
The penalty on conviction for an offence against this section is set out in section 116.
(2) 65 Part 4 s 108A Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 108A Offence to fail to notify Registrar when new person concerned in management of company (1) A motor vehicle trader that is a company and is registered under this Act commits an offence if the motor vehicle trader fails, without reasonable excuse, to notify the Registrar that a new person has become concerned in the management of the company, as required by section 40A.
The penalty on conviction for an offence against this section is set out in section 116.

Section 108A: inserted, on 1 October 2010, by section 21 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
(2) Offences relating to inspection and search 109 Offence to obstruct inspection (1) A person commits an offence if the person— (a) (c) (b) resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 125; or fails to comply in any respect with any requirement under section 125; or gives to any person who is exercising or attempting to exercise any power or function under section 125 any particulars knowing that those particulars are false or misleading in any material respect, or being reckless as to whether those particulars are so false or misleading.
The penalty on conviction for an offence against this section is set out in section 116.

(2) 110 Offence to obstruct search (1) A person commits an offence if the person intentionally resists, obstructs, or delays any person executing, or assisting in the execution of, a search warrant.

The penalty for an offence against this section is set out in section 116.
(2) 66 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 114 Proceedings for offences generally 111 Proceedings for offences generally (1) Every offence against this Act is punishable on summary con- viction.

(2) Despite section 14 of the Summary Proceedings Act 1957, any information for an offence against section 99 may be laid at any time within 1 year after the facts alleged in the information have been brought to the knowledge of the informant.
Proceedings for infringement offences 112 Proceedings for infringement offences (1) If a person is alleged to have committed an infringement of- fence, that person may either— (a) (b) be proceeded against summarily for the offence; or be issued with an infringement notice as provided in section 113.
(2) 113 If an infringement notice has been issued under section 113, proceedings for the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section apply with the necessary modifications.

Issue of infringement notices If the Registrar has reasonable cause to believe that a person has committed an infringement offence, an infringement no- tice may be issued to that person by the Registrar.
114 Form of infringement notices An infringement notice must be in the prescribed form and must contain the following particulars: (a) sufficient particulars to fairly inform the person served with the notice of the time, place, and nature of the alleged offence; and that the infringement fee is $500; and where the infringement fee may be paid; and the time within which the infringement fee must be paid; and (b) (c) (d) 67 Part 4 s 115 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (e) (f) (g) (h) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and a statement of the person’s right to request a hearing; and a statement of what will happen if the person neither pays the fee nor requests a hearing; and any other particulars that may be prescribed.
115 Payment of infringement fees All infringement fees are payable to the Registrar, and the Registrar must pay all infringement fees received into a Crown Bank Account.

Section 115: amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Penalties 116 Penalty for infringement offences (1) A person convicted of an infringement offence under any of the provisions listed in subsection (2) is liable to a fine not exceeding $2,000.
The provisions are— (a) (2) section 102 (which relates to failing to take reasonable steps to ensure that a motor vehicle trader complies with section 14(2)): section 105(1)(a) (which relates to entering any false information into a record of contracts for sale): section 105(1)(b) (which relates to falsifying any matter recorded in a record of contracts for sale): section 105(1)(c) (which relates to failing to comply with the other requirements of section 21): section 106 (which relates to failing to produce a cer- tificate of registration, or a copy of the certificate, when requested to do so): section 108 (which relates to failing to notify the Regis- trar of any change in circumstances): section 108A (which relates to failing to notify the Registrar when a new person is concerned in the man- agement of a company): (b) (c) (d) (e) (f) (fa) 68 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 118 (g) (h) (i) (j) section 109(1)(a) (which relates to resisting or obstruct- ing an inspection by the Registrar or any person author- ised by the Registrar): section 109(1)(b) (which relates to failing to comply with any requirement made by the Registrar, or a person authorised by the Registrar, during an inspection): section 109(1)(c) (which relates to giving false or mis- leading information to the Registrar, or any person au- thorised by the Registrar, during an inspection): section 110 (which relates to resisting or obstructing any person executing, or assisting in the execution of, a search warrant).
Section 116(2)(a): amended, on 1 October 2010, by section 22(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 116(2)(fa): inserted, on 1 October 2010, by section 22(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
117 Penalties for offences under sections 98, 103, and 104 (1) A person convicted of an offence under any of the provisions (2) (b) listed in subsection (2) is liable,— (a) in the case of an individual, to a fine not exceeding $20,000; or in the case of a company, $40,000.
The provisions are— (a) to a fine not exceeding section 98 (which relates to employing or engaging a banned person): section 103 (which relates to failing to pay money to a principal in accordance with section 19): section 104 (which relates to failing to provide an ac- count in accordance with section 20).
(b) (c) 118 Penalties for other offences (1) A person convicted of an offence under any of the provisions listed in subsection (2) is liable,— (a) in the case of an individual, to a fine not exceeding $50,000; or in the case of a company, $200,000.
to a fine not exceeding (b) 69 Part 4 s 119 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (2) The provisions are— (a) section 95(1)(a) (which relates to carrying on the busi- ness of motor vehicle trading without being registered under this Act): section 95(1)(b) (which relates to holding out to be a motor vehicle trader without being registered under this Act): section 96 (which relates to a person participating in the business of motor vehicle trading while banned by this Act from doing so): section 97 (which relates to a person failing to comply with any conditions of a ban imposed by the District Court or, as the case may be, the High Court): section 99 (which relates to tampering with odometers): section 107 (which relates to making false declarations, etc).
[Repealed] (b) (c) (d) (e) (f) (g) Section 118(2)(f): substituted, on 1 October 2010, by section 23 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Section 118(2)(g): repealed, on 1 October 2010, by section 23 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
119 Power of District Court to impose additional penalty in certain cases (1) On the conviction of any person of an offence against section 95(1)(a) or (b), the District Court in which the conviction is entered may, in addition to any penalty that may be imposed under section 118 for the offence, order that any money re- ceived by that person as commission or profit for any services or work performed as an unregistered motor vehicle trader be forfeited to the Crown.
(2) All money forfeited to the Crown is recoverable by the Crown in any court of competent jurisdiction, or may be assessed by the District Court in which the defendant is convicted and be recoverable in like manner as a fine.
70 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 123 Subpart 4—Information-gathering powers Information-matching provisions 120 Purpose of disclosure of Customs’ information The purpose of section 121 is to facilitate the disclosure of information from Customs to the Registrar for the purposes of— (a) identifying any person who imports more than 3 motor vehicles during a specified period; and determining whether or not that person should be regis- tered as a motor vehicle trader under this Act.
(b) 121 Customs must supply Customs’ information to Registrar The Comptroller of Customs, or any authorised officer of Cus- (1) toms, must supply to the Registrar any Customs’ information for the time being held by Customs at the time and at the inter- vals agreed to between the Comptroller and the Registrar.

(2) On receiving information from Customs under this section, the Registrar may cause a comparison of that information to be made with the information held in the register.
122 Purpose of disclosure of information by Ministry of Transport The purpose of section 123 is to facilitate the disclosure of information from the Ministry of Transport to the Registrar for the purposes of— (a) identifying any person who sells more than 6 motor ve- hicles during a specified period; and determining whether or not that person is, or should be, a banned person or registered as a motor vehicle trader under this Act.
(b) 123 Ministry of Transport must supply vehicle registration (1) information to Registrar The Secretary for Transport, or any person authorised by the Secretary, must supply to the Registrar any vehicle registra- tion information for the time being held under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 at 71 Part 4 s 124 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 the time and at the intervals agreed to between the Secretary and the Registrar.
(2) On receiving information from the Ministry of Transport under this section, the Registrar may cause a comparison of that in- formation to be made with the information held in the register.

124 Purpose of inspection by Registrar Inspection The powers in section 125 may be used if, in the Registrar’s opinion, it is necessary for the purpose of— (a) determining whether a person is complying, or has com- plied, with this Act; or detecting contraventions of this Act.
(b) 125 Inspection powers The Registrar, or any person authorised by the Registrar, may— (a) require a person to produce for inspection relevant documents within that person’s possession or control; or inspect and take copies of relevant documents; or take possession of relevant documents and remove them from the place where they are kept and retain them for a reasonable time, for the purpose of taking copies; or retain relevant documents for a period that is in all the circumstances reasonable if there are reasonable grounds for believing that they are evidence of the commission of an offence.
(b) (c) (d) 126 Conditions of authorisation (1) The Registrar must not authorise a person to carry out an in- spection unless the Registrar is satisfied that the person is suit- ably qualified or trained, or the person is a member of a class of persons who are suitably qualified or trained, to carry out an inspection.
(2) A person authorised by the Registrar to carry out an inspection must, on entering any premises, and when requested at any subsequent time, produce— 72 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 128 (a) (b) the authorisation referred to in subsection (3); and evidence of that person’s identity.
(3) An authorisation must be in writing and must contain— (a) (b) (c) (d) a reference to this section; and the full name of the authorised person; and a statement of the powers conferred on the authorised person by section 125; and the purpose for which those powers may be exercised.

(2) 127 Registrar’s entry to premises restricted (1) The Registrar, or any person authorised by the Registrar, may not enter any place except in the circumstances set out in sub- section (2).
The circumstances are— (a) (b) the occupier of the place consents to the entry; or the place is a public place and the entry is made when it is open to the public; or the place is a motor vehicle trader’s place of business and it is— (i) (ii) the entry is authorised by a search warrant issued under section 130. open for carrying on the business; or otherwise open to the public; or (c) (d) 128 Disclosure of information from inspection On the direction of the Registrar, a person authorised to make an inspection under section 125 must give all records and dis- close all information acquired in the course of the inspection to— (a) (b) the Registrar; or any person specified by the Registrar for the purposes of— (i) (ii) exercising powers conferred by this Act; or detecting and prosecuting offences against any other Act (but those records and information are not admissible in any criminal proceedings against the person from whom the records or in- formation were acquired or any person to whom they relate); or 73 Part 4 s 129 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (iii) (iv) a liquidator for the purposes of liquidation of a company; or the Official Assignee for the purposes of a bankruptcy.
129 Restriction on disclosure of information from inspection A person must not communicate to any person any information acquired in the course of an inspection except— in accordance with section 128; or (a) for the purposes of this Act; or (b) in accordance with the Official Information Act 1982 or (c) the Privacy Act 1993; or for the purposes of any court proceedings; or for any purposes that may be specified in any other Act.
(d) (e) Search warrants Issue of warrant 130 (1) Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place if satisfied, on application in writing made on oath, that there are reasonable grounds for believing that there is at that place any thing— (a) in respect of which an offence under this Act has been or is being committed; or that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or that is or may be evidence of the commission of an of- fence under this Act by any person.
(b) (c) (2) The Judge, Community Magistrate, Justice, or Registrar may impose any reasonable conditions on the exercise of the war- rant that he or she thinks fit.
131 Powers conferred by warrant (1) A warrant authorises the person named in it— (a) to enter and search the place specified in the warrant on 1 occasion within 20 working days of the date of 74 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 132 (b) (c) (d) (e) (f) issue of the warrant at a time that is reasonable in the circumstances: to use any assistance that is reasonable in the circum- stances: to use any force for gaining entry and for breaking open any article or thing that is reasonable in the circum- stances: to search for and remove documents or any article or thing that the person executing the warrant believes on reasonable grounds may be relevant: when necessary, to take copies of documents, or extracts from documents, that the person executing the warrant believes on reasonable grounds may be relevant: if necessary, to require a person to reproduce, or assist any person executing the warrant to reproduce in usable form, information recorded or stored in a document.
(2) A person assisting the person executing the warrant also has (3) the powers referred to in subsection (1)(c) to (e).

The warrant must be executed in accordance with any reason- able conditions that may be specified in the warrant when it is issued.
132 Form and content of search warrant A search warrant must— (a) (b) be in the prescribed form; and be directed to— (i) (ii) (iii) (iv) a constable by name; or any constable; or the Registrar; or a person authorised by the Registrar under sec- tion 125; and (c) contain all of the following particulars: (i) the place or thing that may be searched in accord- ance with the warrant; and the offence for which the warrant is issued; and a description of the kind of property that is au- thorised to be seized; and the period during which the warrant may be exe- cuted; and (ii) (iii) (iv) 75 Part 4 s 133 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (v) any conditions specified under section 130(2).
Section 132(b)(i): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 132(b)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
133 Warrant must be produced A person executing a warrant must— (a) (b) have the warrant with him or her; and produce it on initial entry and, if requested, at any sub- sequent time; and identify himself or herself to the owner or occupier or person in charge of the place if that person is present; and produce evidence of his or her identity.
(c) (d) 134 Other duties of person who executes warrant A person who executes a warrant must, before completing the search, leave in a prominent place at the place searched,— (a) in the case of a search carried out at a time when the owner or occupier was not present, a written notice stat- ing— (i) the date and time when the warrant was executed; and the name of the person who executed the warrant; and (ii) (b) in the case of a search where a document or article or thing was seized from the place being searched, a list of documents or articles or things that were seized during the search.
135 When alternative to list of seized documents may be provided If it is not practicable to prepare a list under section 134 before completing the search, or if the owner or occupier of the place being searched consents, the person executing the warrant— (a) may, instead of leaving a list, leave a notice stating that documents or articles or things have been seized during the search and that, within 5 working days of the search, 76 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 4 s 139 a list will be delivered, left, or sent stating what docu- ments, articles, or things have been seized; and (b) must, within 5 working days of the search,— (i) (ii) (iii) deliver a list to the owner or occupier; or leave a list in a prominent position at the place searched; or send a list by mail to the owner or occupier of the place searched.
136 Matters that must be stated in list of documents A list under section 134 must state— (a) the documents, articles, and things that have been seized; and the location from where they were seized; and the location where they are being held.

(b) (c) 137 Duty to assist The occupier or person in charge of the place that a person au- thorised by a warrant enters for the purpose of searching must provide that person with all reasonable facilities and assistance in executing the warrant.
138 Power to inspect and take copies of documents, etc, obtained under warrant The Registrar, or any person authorised by the Registrar for the purpose, may inspect and take copies of any documents or extracts from them obtained under a warrant.
139 Disposal of things seized (1) In any proceedings for an offence relating to any thing seized under warrant, the court may order, either at the trial or hearing or on an application, that the thing be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in any manner that the court thinks fit.
(2) Any constable or the Registrar may, at any time, unless an order has been made under subsection (1), return the thing to the person from whom it was seized, or apply to a District Court Judge for an order for its disposal.

77 Part 4 s 140 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (4) (3) On any such application, the District Court Judge may make any order that a court may make under subsection (1).
If proceedings for an offence relating to the thing are not brought within a period of 3 months of seizure, any person claiming to be entitled to the thing may, after the expiry of that period, apply to a District Court Judge for an order that it be delivered to him or her.

(5) On any such application, the District Court Judge may— (a) adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or (b) make any order that a court may make under subsection (1).
Section 139(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
140 Court order for disposal of things seized to be suspended (1) on conviction If any person is convicted in any proceedings for an offence relating to anything for which a warrant has been issued, and any order is made under section 139, the operation of the order is suspended,— (a) in any case, until the expiration of the time prescribed by the Summary Proceedings Act 1957 for the filing of a notice of appeal or an application for leave to appeal; and if a notice of appeal is filed within the time so pre- scribed, until the determination of the appeal; and if application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
(b) (c) (2) If the operation of any such order is suspended until the deter- mination of the appeal, the court determining the appeal may, by order, cancel or vary the order.
78 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 5 s 142 Part 5 Miscellaneous provisions Exemption for car auctioneers from licensing requirement under Auctioneers Act 1928 141 Exemption for car auctioneers from licensing requirement (1) under Auctioneers Act 1928 If a car auctioneer who is registered as a motor vehicle trader under this Act carries on a business that is limited to conduct- ing sales by auction of motor vehicles only, the car auction- eer— (a) is exempt from the requirement to be licensed under section 3 of the Auctioneers Act 1928; and (b) must be treated as if the car auctioneer is a person li- censed to conduct sales by auction of motor vehicles for the purposes of that Act.
(2) However, a car auctioneer— (a) must continue to comply with the duties imposed on auctioneers by the Auctioneers Act 1928; and (b) may apply for and hold a licence under the Auctioneers Act 1928 if the car auctioneer wishes to do so.
Service of notices 142 Service of notices (1) Any notice or any other document required to be served on, or given to, any person under this Act, or any regulation made under this Act, is sufficiently served if,— (a) in the case of an applicant for registration or a motor vehicle trader registered under this Act, the notice or document is— (i) delivered to the person at the person’s address for service stated in accordance with section 32(2); or sent by fax or email to the person’s fax number or email address, as the case may be, stated in accordance with section 32(2); or posted in a letter addressed to the person at the person’s address for service stated in accordance with section 32(2); or (ii) (iii) 79 Part 5 s 143 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (b) in any other case, the notice or document is— (i) (ii) delivered to the person; or left at the person’s usual or last known place of residence or business in New Zealand; or posted in a letter addressed to the person at the person’s place of residence or business in New Zealand.
(iii) (2) A notice or document that is sent to a person at a fax number or an email address must be treated as received by that person not later than 2 days after the date on which it is sent.

(3) A notice or document that is posted to a person must be treated as received by that person not later than 7 days after the date on which it is posted.
(4) However, a notice or document must not be treated as received if the person to whom it is posted or sent proves that it was not received, otherwise than through fault on the person’s part.

For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a person by post under subsection (1) must be treated as having been served on the person on the date that it was posted.
(5) Levy regulations 143 Regulations may impose levy (1) Every motor vehicle trader, or class of motor vehicle traders, specified in regulations made under subsection (2) must pay to the Minister, for each period of 12 months during which the motor vehicle trader is registered under this Act, a levy of an amount stated in, or calculated or set or reset in accordance with, those regulations for, or in connection with, the costs of the operation and administration of the Disputes Tribunals.
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations— (a) levies for different classes of prescribing different motor vehicle traders: specifying the amount of the levy: providing for the method by which the levy will be cal- culated: (b) (c) (2) 80 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 5 s 145 (d) (e) (f) (g) (h) specifying the criteria and other requirements by and against which the levy will be set or reset: providing for the payment and collection of the levy: exempting any motor vehicle trader or class of motor vehicle traders from paying the levy: providing for waivers or refunds of the whole or any part of the levy: providing for any other matters necessary or desirable to set, calculate, administer, collect, and enforce the levy.
144 Regulations Regulations The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: (a) (b) (c) (d) prescribing forms to be used for the purposes of this Act, and the matters to be specified in the forms: prescribing fees payable under this Act: prescribing procedures for the payment of prescribed fees: prescribing procedures, requirements, and other mat- ters, not inconsistent with this Act, for any register or list that the Registrar is required to keep under this Act, including matters relating to— (i) (ii) (iii) the operation of the register or list: access to the register or list: the location of, and hours of access to, the register or list: (e) providing for any other matters contemplated by this Act that are necessary for its administration or neces- sary for giving it full effect.
Amendments and repeal 145 Amendments to other enactments The enactments set out in Schedule 2 are amended in the man- ner set out in that schedule.

81 Part 5 s 146 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 146 Repeal The Motor Vehicle Dealers Act 1975 (1975 No 127) is re- pealed.
No compensation for loss of office 147 No compensation for loss of office The Crown is not liable to make a payment to, or otherwise compensate, any person in respect of the person ceasing for any reason to hold any office established by or under the for- mer Act.
Transitional provisions for existing licence applications 148 Existing licence applications must be treated as applications for registration under this Act in certain cases (2) (1) An existing licence application must be treated as if it were an application for registration as a motor vehicle trader made under this Act; and the provisions relating to applications for registration under this Act apply with any necessary modifica- tions.
Subsection (1) applies only if, within 20 working days after receiving the notice referred to in section 150, the applicant— gives written notice to the Registrar that the applicant (a) wishes to have the application determined under this Act; and provides the Registrar with the information or other matters that are required to ensure that the application complies with sections 31 and 32.
(b) 149 What happens if applicant does not meet requirements of section 148(2) (1) An existing licence application must be taken to have lapsed and is of no effect if the applicant fails to meet all or any of the requirements of section 148(2).

(2) An applicant to which subsection (1) applies is not entitled to be refunded, in whole or in part, any prescribed fee paid under the former Act in relation to an existing licence application.
82 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 5 s 152 150 Registrar’s requirements for processing existing licence applications As soon as practicable after the date of commencement of this Act, the Registrar must— (a) give written notice to every applicant who made an existing licence application; and describe the status of the applicant’s application and the effect of sections 148 and 149 in that notice.
(b) 151 Payment of prescribed application fee under former Act sufficient for purpose of processing existing licence application An applicant who has already paid, under the former Act, the prescribed fee for an existing licence application is not re- quired to pay the prescribed fee that would have otherwise been payable under section 31(2)(b).
Transitional provisions for registration 152 Certain persons to be treated as registered on (1) commencement of Act The following persons are to be treated as motor vehicle traders registered under this Act: (a) (b) (c) a person who, immediately before the date of com- mencement of this Act, held a motor vehicle dealer’s licence that was in force under the former Act: a person who, immediately before the date of com- mencement of this Act, applied for the renewal of that person’s motor vehicle dealer’s licence under the for- mer Act and whose— (i) application for renewal had not been determined before that date; and licence would have expired before that date if not for the application of section 18(10) of the former Act: (ii) a person who, immediately before the date of com- mencement of this Act, was not required to be licensed under the former Act but, with the commencement of this Act, must be registered as a motor vehicle trader under this Act.
83 Part 5 s 153 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (3) (2) A person referred to in subsection (1)(a) must, within 20 work- ing days after receiving a written notice from the Registrar, comply with that notice.
For the purposes of subsection (2), the Registrar must, as soon as practicable after the commencement of this Act, request every person referred to in subsection (1)(a), by written notice, to provide the Registrar with the information and other matters required under sections 31 and 32 (except the prescribed ap- plication fee referred to in section 31(2)(b)).
153 When registration under section 152 ceases Unless a person referred to in section 152(1) earlier registers under this Act, the registration under that section ceases,— (a) in the case of a person referred to in section 152(1)(a),— if that person complies with section 152(2), on (i) the later of the following dates: (A) (ii) the expiry of the balance of the term of the motor vehicle dealer’s licence held by that person immediately before the date of commencement of this Act; or the expiry of the transitional period; or (B) if that person does not comply with section 152(2), on the earlier of the following dates: (A) the expiry of the balance of the term of the motor vehicle dealer’s licence held by that person immediately before the date of commencement of this Act; or the expiry of the transitional period: (B) (b) in every other case, on the expiry of the transitional period.
Transitional provisions for Board 154 Continuation of Board (1) Despite the repeal of the former Act, the Board continues to exist until a date that the Governor-General may fix by Order in Council made on the recommendation of the Minister.
The Governor-General may fix a date only if the Board has certified that— (2) 84 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 5 s 156 (a) (b) (c) the Board has completed its functions in accordance with section 155; and all disciplinary proceedings before the Board have been completed; and all appeals relating to those proceedings have been de- termined.
(3) However, the Governor-General may, at any time, fix a date if the Governor-General is satisfied, at the time of the making of the Order in Council, that— (a) a reasonable period of time has elapsed since the com- mencement of this Act to enable the Board to certify to the Governor-General under subsection (2); and the matters set out in that subsection will not be unduly prejudiced by the abolition of the Board.
(b) 155 Board must deliver certain records to Registrar As soon as practicable after the commencement of this Act, the Board must deliver to the Registrar a copy of— (a) every existing licence application received by the Board; and the Register of Motor Vehicle Dealers maintained under section 6N of the former Act; and any information or documents held by the Board relat- ing to the matters referred to in sections 24(d) to (f) and 25(b); and any other information or documents held by the Board relating to the licensing of motor vehicle dealers under the former Act that the Registrar may, by written notice, request from the Board.
(b) (c) (d) Transitional provisions for disciplinary proceedings under former Act 156 Transitional provisions for disciplinary proceedings (1) under former Act In this section and section 154,— Authority means the Motor Vehicle Salesmen Registration Authority constituted under section 63 of the former Act 85 Part 5 s 157 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 disciplinary proceeding means a proceeding under the former Act that relates to— (a) any application to the Board under section 112 of the former Act for an order cancelling a motor vehicle dealer’s licence or suspending a licensee; or any application to the Authority under section 116 of the former Act for an order cancelling a salesman’s regis- tration or suspending a salesman; or any application to the Board under section 117 of the former Act for an order cancelling a salesman’s certifi- cate of approval or suspending a salesman; or any application under section 118A of the former Act in respect of an officer of a licensee company, a chief executive officer of a licensee company, or a branch manager.
(b) (c) (d) (2) (3) If a disciplinary proceeding has been commenced, but not completed, before the date of commencement of this Act, the disciplinary proceeding must be continued and completed in all respects under the former Act, including any appeal under Part 9 of that Act relating to the proceeding, as if this Act had not been passed.

The Board or the Authority must adopt procedures that are ne- cessary for the expeditious conduct of any disciplinary pro- ceeding before it.
Transitional provisions for licensees’ obligations 157 Obligations of licensees (1) The repeal of the former Act does not affect the obligations imposed by Part 7 of that Act in relation to dealings in motor vehicles that took place before the commencement of this Act.

For the purpose of dealing with allegations, complaints, and disputes in relation to those obligations, the former Act con- tinues in force as if this Act had not been passed.
(2) (3) However, a dispute in relation to an obligation to which sub- section (1) applies may, after the commencement of this Act, be referred under section 96(4) of the former Act to a Dis- putes Tribunal constituted under section 82, and the Disputes 86 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 5 s 160 (4) Tribunal to which the dispute is so referred has the same juris- diction to deal with that dispute as a Disputes Tribunal estab- lished under section 97 of the former Act would have had.
If, before the commencement of this Act, a dispute to which section 96 of the former Act applies has, under that section, been referred to a Disputes Tribunal established under section 97 of that Act, that dispute must, if it has not been settled or determined at the commencement of this Act, be dealt with by that Disputes Tribunal as if this Act had not been passed.
Transitional provisions for Fund 158 Purpose of section 159 The purpose of section 159 is to ensure that the Institute is able to carry out its functions and duties in relation to the Fund dur- ing the period of 12 months beginning with the date of com- mencement of this Act.
159 Membership of Institute to continue despite repeal of (1) former Act This section applies to every person who, immediately before the date of commencement of this Act,— (a) held a motor vehicle dealer’s licence that was in force under the former Act; and (b) was a member of the Institute.
(2) Despite the repeal of the former Act, a person to whom this section applies must be treated as a member of the Institute during the period of 12 months beginning with the date of commencement of this Act unless the person resigns from that membership.

160 Claims against Fund (1) No person is entitled to make any claim against the Fund for any act or thing done or omitted to be done after the com- mencement of this Act.
(2) No person is entitled to make any claim against the Fund for any act or thing done or omitted to be done before the com- mencement of this Act unless notice of the claim is given in 87 Part 5 s 161 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 writing to the Institute within the period of 12 months begin- ning with the date of the commencement of this Act.
(3) All provisions of Part 3 of the former Act (except section 35) continue to apply until all claims received in accordance with the provisions of that Part have been fully dealt with.
(4) Until all claims against the Fund have been fully dealt with, every registered motor vehicle trader who has previously held a motor vehicle dealer’s licence under the former Act must pay to the Institute for payment into the Fund the contribution that the Institute, with the concurrence of the Minister, considers sufficient to satisfy its liabilities under the Fund.
161 Registrar must cancel registration for non-payment of (1) contribution to Fund If a registered motor vehicle trader referred to in section 160(4) fails to pay a contribution to the Fund within the time specified by the Institute, the Institute must give written notice of that fact to the Registrar.
(2) As soon as practicable after receiving a notice under subsec- tion (1), the Registrar must cancel the registration of the person who is the subject of the notice in accordance with the process for cancellation set out in section 43.

(3) A cancellation under this section must be treated as if it were a cancellation under section 42, and the provisions relating to the cancellation of registration under this Act apply with any necessary modifications.
If the person whose registration has been cancelled pays the contribution to the Fund, that person may apply for re-regis- tration despite, as the case may be, section 24(h) or section 25(g).

(4) (5) An application for re-registration under subsection (4) must be treated as if it were a new application for registration, and the provisions relating to applications for registration under this Act apply with any necessary modifications.
162 Winding up of Fund (1) At any time after all the claims against the Fund have been received and fully dealt with, the Institute may, by notice in the 88 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Part 5 s 163 Gazette, specify a date (being not less than 1 month after the date of the publication of the notice in the Gazette) on which the Fund is to be wound up.
(3) (2) On and from the date so specified, any remaining assets of the Fund cease to be held by the Institute and may be used by the Institute for any lawful purpose that it determines.

The Institute must, as soon as practicable after the date so specified, prepare final accounts for the Fund audited by a chartered accountant (within the meaning of section 19 of the New Zealand Institute of Chartered Accountants Act 1996) ap- pointed for the purpose by the Institute.
Section 162(3): amended, on 7 July 2010, by section 10 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).

Review of Act 163 Review of operation of Act (1) The Ministry must, no later than 2 years from the date of com- mencement of this Act,— (a) review the operation of this Act since its commence- ment; and prepare for the Minister a report of the review that in- cludes recommendations on whether any amendments to this Act are necessary or desirable.
(b) (2) In preparing the report, the Ministry must consult with inter- ested parties, including representatives of consumer interests in relation to motor vehicle sales.

(3) As soon as practicable after receiving the report from the Min- istry, the Minister must present a copy of it to the House of Representatives.
89 Schedule 1 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Schedule 1 Procedure of Disputes Tribunals Contents General Procedure generally Sittings of Disputes Tribunal Administrative support for Disputes Tribunals Application Filing of applications Procedure on receipt of application Notice of hearing by Disputes Tribunal Joinder of parties Parties Hearings Manner in which Disputes Tribunal conducts hearings Right to appear at hearings Duties of assessor Remuneration and allowances of assessors Immunity of witnesses, adjudicators, and assessors Decisions Decision of Disputes Tribunal Disputes Tribunal may award costs in certain circumstances Enforcement of decisions Enforcement of Disputes Tribunal’s decisions Appeals from decision of Disputes Tribunal Appeals s 82 Page 90 91 91 91 91 92 92 93 94 95 95 95 96 96 97 97 General Procedure generally Except as otherwise provided in this Act and subject to the rules of natural justice, the procedure of a Disputes Tribunal is to be the procedure that the adjudicator thinks fit.
90 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Schedule 1 2 (1) Sittings of Disputes Tribunal Sittings of a Disputes Tribunal must be held at the times and places that the adjudicator appoints.

(2) A sitting of a Disputes Tribunal may be adjourned, from time to time and from place to place, by the adjudicator.
3 (1) Administrative support for Disputes Tribunals The Chief Executive of the Ministry of Justice must— (a) provide secretarial, recording, and any other services that may be necessary to enable each Disputes Tribunal to exercise its functions and powers; and appoint secretaries of the Disputes Tribunal under the State Sector Act 1988 in the numbers that may be re- quired.

(b) (2) One person may be appointed secretary of 2 or more Disputes (3) 4 Tribunals under subclause (1)(b).
The office of secretary may be held either separately or in con- junction with any other office in the Public Service.

Schedule 1 clause 3(1): amended, on 15 December 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

Application Filing of applications Proceedings before the Disputes Tribunal must be commenced by the filing of an application in the prescribed form, together with the prescribed filing fee (if any), at the office of the Dis- putes Tribunal.
Procedure on receipt of application 5 (1) On receipt of an application, the adjudicator must immedi- ately— (a) (b) refer the application to the respondent; and require the respondent by written notice to discuss the application with the applicant and to make a written report to the Disputes Tribunal on the outcome of the discussions.
(2) Every report must— 91 Schedule 1 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (a) (b) be made to the adjudicator within 14 days after receiv- ing the adjudicator’s notice or any further period that the adjudicator may allow; and contain— (i) a statement by the applicant that the matter has been settled to the applicant’s satisfaction; or in any case where no settlement has been reached, a statement by either party that that party requires the matter to be heard by the Dis- putes Tribunal.
(ii) 6 (1) (2) 7 (1) Notice of hearing by Disputes Tribunal This clause applies if— (a) the adjudicator does not receive a report within the period referred to in clause 5(2)(a); or the adjudicator is notified in accordance with clause 5(2)(b)(ii) that either party requires the matter to be heard by the Disputes Tribunal.
If this clause applies,— (a) the party that requires the matter to be heard must pay the prescribed hearing fee (if any) to the Disputes Tri- bunal; and as soon as practicable after the payment of that fee, the adjudicator must fix the time and place for the hearing of the application and must notify each party to the ap- plication of the time and place fixed.
(b) (b) Parties Joinder of parties If the adjudicator finds that a person who appears to him or her to have sufficient connection with the proceedings in relation to the application has not been given notice of the proceedings, he or she may join the person as a party and direct that notice of the proceedings and the date, time, and place for the hearing be given to that person.
(2) A notice referred to in subclause (1) must be in writing and must include all of the following: 92 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Schedule 1 (aa) (a) (b) (c) a statement that the person is joined as a party to the proceedings, and a statement that costs may be awarded against the person, as a party, if he or she fails to attend the hearing: sufficient particulars to fairly inform the person to whom it is given of the substance of the matters to be dealt with at the hearing: a reference to the relevant provision of this Act under the authority of which the hearing will be held: where information on the procedure of the Disputes Tri- bunal may be obtained.
For the purposes of this clause, a person has sufficient connec- tion with the proceedings in relation to an application if that person’s presence as a party to the proceedings is necessary to enable the Disputes Tribunal to determine effectively and completely the questions arising on the application or to grant the relief that it considers to be due.

(3) (4) A person who is joined as a party under this clause is not to be treated as a party for the purposes of section 90(1)(a).
Schedule 1 clause 7(1): amended, on 1 October 2010, by section 24(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Schedule 1 clause 7(2)(aa): inserted, on 1 October 2010, by section 24(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Schedule 1 clause 7(4): added, on 1 October 2010, by section 24(3) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Hearings 8 (1) (2) Manner in which Disputes Tribunal conducts hearings Every hearing of a Disputes Tribunal must be conducted in private and with as little formality as the requirements of this Act and the proper consideration of the matters before the Dis- putes Tribunal permit.

The Disputes Tribunal may accept any relevant evidence or in- formation, whether or not that evidence or information would normally be admissible in a court of law.
93 Schedule 1 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Right to appear at hearings 9 (1) At any hearing of an application or claim before a Disputes Tribunal, any party to the proceedings is entitled to attend and be heard.

(2) No party is entitled to be represented at a hearing of the Dis- putes Tribunal by a representative unless the adjudicator— (a) considers it appropriate in all the circumstances to allow a party to be represented; and approves the representative.
(b) (3) However, the following parties may be represented by a rep- resentative who is approved by the adjudicator: (a) a corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds a majority interest in it: a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons: a minor, or other person under disability: any other person, if the adjudicator is satisfied that for sufficient cause that person is unable to appear in person or is unable to present the person’s case adequately.
(b) (c) (d) (4) If any party to any proceedings before the Disputes Tribunal is represented by a representative, any other party to those pro- ceedings may also be represented.

(5) An adjudicator must not approve a representative— (a) who is, or has been, enrolled as a barrister or solicitor; or (b) who, in the opinion of the adjudicator, has been regu- larly engaged in advocacy work before other tribunals.
Subclause (5) does not apply if— (a) (b) the person proposed for approval is a person or one of the persons jointly liable or entitled with another; or the party seeking to be represented is a company and the person proposed for approval is the majority share- holder of the company.
(6) 94 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Schedule 1 10 (1) (2) (3) Duties of assessor The duties of an assessor are to— (a) (b) sit with the Disputes Tribunal; and act in all respects as an extra member of the Disputes Tribunal for the hearing of the application; and act as an extra member of the Disputes Tribunal to assist in the determination of the application, but the adjudi- cator alone determines the application.
(c) Before starting his or her duties, an assessor must take an oath before the adjudicator that the assessor will faithfully and im- partially perform the duties.

The failure of an assessor to perform his or her duties does not prevent the adjudicator from making a decision on the appli- cation without the input of the assessor.

(4) An adjudicator who is satisfied that it is appropriate to do so may appoint a substitute assessor under section 82(3)(b).
11 Remuneration and allowances of assessors The Ministry of Justice must pay assessors the remuneration and allowances determined for assessors from time to time by the Minister who is responsible for the Ministry of Justice.

Schedule 1 clause 11: amended, on 15 December 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
12 Immunity of witnesses, adjudicators, and assessors (1) Witnesses have the same privileges and immunities in relation to the hearings of a Disputes Tribunal as they would have if the hearings were proceedings in a court of law.
(2) Neither an adjudicator nor an assessor is under any criminal or civil liability in respect of— (a) any act done or omitted in the course of the exercise or intended exercise of any of their functions, duties, or powers under this Act; or any words spoken or written at, or for the purposes of, any hearing under this Act.
(b) (3) Subclause (2) does not apply if it is proved to the satisfaction of the court before which any proceedings are taken that the 95 Schedule 1 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 adjudicator or the assessor, as the case may be, has acted in bad faith.

Decisions Decision of Disputes Tribunal The adjudicator’s decision is the decision of the Disputes Tri- bunal.

Every decision of a Disputes Tribunal must— (a) (b) be given in writing; and contain the reasons for the decision.
Disputes Tribunal may award costs in certain circumstances The Disputes Tribunal may award costs to or against a party to any proceedings before it only if,— (a) in the opinion of the Disputes Tribunal,— (i) (ii) the proceedings are frivolous or vexatious or ought not to have been brought: the matter ought reasonably to have been settled before proceeding to a hearing but that the party against whom an award of costs is to be made refused, without reasonable excuse, to take part in the discussions referred to in clause 5(1)(b) or acted in a contemptuous or improper manner during those discussions; or (b) any party, after receiving notice of a hearing, fails to attend the hearing without good cause.
In any case to which subclause (1) applies, the Disputes Tri- bunal may order a party to pay— (a) to the Crown all, or any part of, either or both of the following: (i) the reasonable costs of the Disputes Tribunal hearing: the fees and expenses of any witness that have been paid or are payable by the Crown; or to another party all, or any part of, the reasonable costs of that other party in connection with the proceedings.
Schedule 1 clause 14(1)(b): substituted, on 1 October 2010, by section 24(4) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

(ii) (b) 13 (1) (2) 14 (1) (2) 96 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Schedule 1 Schedule 1 clause 14(2)(a): amended, on 1 October 2010, by section 24(5) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Schedule 1 clause 14(2)(b): amended, on 1 October 2010, by section 24(6) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
Enforcement of decisions Enforcement of Disputes Tribunal’s decisions 15 (1) Any party to the proceedings may file a duplicate of any deci- sion of a Disputes Tribunal in the office of the District Court.

(2) Upon filing, the decision is enforceable in all respects as a final judgment of the District Court in its civil jurisdiction.

(3) No decision of a Disputes Tribunal may be filed unless the time allowed for an appeal against the decision has expired and no appeal has been brought.
For the purposes of this clause, District Court, in relation to the filing under subclause (1) of a decision of a Disputes Tri- bunal, means the District Court nearest to the place of business at which the motor vehicle in respect of which the decision is given was sold.

Schedule 1 clause 15(1): amended, on 1 October 2010, by section 24(7) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
(4) Appeals (2) Appeals from decision of Disputes Tribunal 16 (1) Any party who is dissatisfied with a decision given by a Dis- putes Tribunal may, within 10 working days after notice of the decision is given to that party, appeal to a District Court Judge.
If the amount of the claim exceeds $12,500, the appeal may be brought on either of the following grounds: (a) that the Disputes Tribunal’s decision was wrong in fact or law, or in both fact and law; or that the proceedings were conducted by the Disputes Tribunal in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings.
If the amount of the claim does not exceed $12,500, the ap- peal may be brought on the ground that the proceedings were conducted by the Disputes Tribunal in a manner that was un- (b) (3) 97 Schedule 1 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 (4) fair to the appellant and prejudicially affected the result of the proceedings.
For the purposes of this section, the Disputes Tribunal is taken to have conducted the proceedings in a manner that was unfair to the appellant and prejudicially affected the result if— (a) the Disputes Tribunal fails to have regard to any provi- sion of any enactment that is brought to the attention of the Disputes Tribunal at the hearing; and as a result of that failure, the result of the proceedings is unfair to the appellant.

(b) (5) (6) The District Court’s decision given under this clause is final.
To avoid doubt, nothing in this clause affects the right of any person to apply, in accordance with law, for judicial review.

98 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Schedule 2 Schedule 2 Enactments amended Part 1 Acts amended s 145 Disputes Tribunals Act 1988 (1988 No 110) Amendment(s) incorporated in the Act(s).

Higher Salaries Commission Act 1977 (1977 No 110) Amendment(s) incorporated in the Act(s).

Layby Sales Act 1971 (1971 No 80) Amendment(s) incorporated in the Act(s).
Personal Property Securities Act 1999 (1999 No 126) Amendment(s) incorporated in the Act(s).

Privacy Act 1993 (1993 No 28) Amendment(s) incorporated in the Act(s).

Secondhand Dealers Act 1963 (1963 No 10) Amendment(s) incorporated in the Act(s).

Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6) Amendment(s) incorporated in the Act(s).

Unclaimed Money Act 1971 (1971 No 28) Amendment(s) incorporated in the Act(s).
Part 2 Regulations amended Transport (Change of Ownership) Regulations 1995 (SR 1995/198) Amendment(s) incorporated in the regulations.

99 Schedule 2 Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Part 2—continued Transport Services Licensing Regulations 1989 (SR 1989/313) Amendment(s) incorporated in the regulations.

Transport (Vehicle Registration and Licensing) Regulations 1994 (SR 1994/244) Amendment(s) incorporated in the regulations.
100 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Motor Vehicle Sales Act 2003.

The reprint incorporates all the amendments to the Act as at 1 January 2011, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 101 Notes Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 102 Reprinted as at 1 January 2011 Motor Vehicle Sales Act 2003 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Motor Vehicle Sales Amendment Act 2010 (2010 No 112) Limitation Act 2010 (2010 No 110): section 58 New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74): section 10 Policing Act 2008 (2008 No 72): section 116(a)(ii) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64): section 10 Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Income Tax Act 2007 (2007 No 97): section ZA 2(1) Insolvency Act 2006 (2006 No 55): section 445 Securities Amendment Act 2006 (2006 No 46): section 25 Land Transport Amendment Act 2005 (2005 No 77): section 95(5) 103 Notes Motor Vehicle Sales Act 2003 Reprinted as at 1 January 2011 Motor Vehicle Sales Amendment Act 2005 (2005 No 61) Secondhand Dealers and Pawnbrokers Act 2004 (2004 No 70): section 89 Motor Vehicle Sales Act Commencement Order 2003 (SR 2003/329) State Sector Amendment Act 2003 (2003 No 41): section 14 Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54): section 3(3) Public Finance Act 1989 (1989 No 44): section 65R(3) 12 104 Wellington, New Zealand: Published under the authority of the New Zealand Government—2011