Motor Vehicle Sales Act 2003

1: Title
This Act is the Motor Vehicle Sales Act 2003.
1: Preliminary provisions
1: General
2: Commencement
1: This Act (except sections 143 144
2: Sections 143 144
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 15 December 2003 clause 2 Motor Vehicle Sales Act Commencement Order 2003 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is to promote and protect the interests of consumers in relation to motor vehicle sales.
4: 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
b: key provisions about motor vehicle trading are set out in sections 10 to 15
c: other requirements relating to motor vehicle trading are set out in sections 16 to 22
d: provisions about the qualifications of motor vehicle traders are set out in sections 23 to 30
e: a range of matters about the registration of motor vehicle traders is set out in sections 31 to 67
f: provisions about the banning of persons from participation in the business of motor vehicle trading are set out in sections 68 to 81
g: provisions about Motor Vehicle Disputes Tribunals are set out in sections 82 to 94 Schedule 1
h: provisions about offences are set out in sections 95 to 110
i: provisions about proceedings for offences are set out in sections 111 to 115
j: provisions about penalties are set out in sections 116 to 119
k: information-gathering powers are set out in sections 120 to 140
l: miscellaneous matters, such as regulation-making powers, amendments and repeal, and transitional provisions, are set out in sections 141 to 163
5: Act binds the Crown
This Act binds the Crown.
2: Interpretation
General
6: Interpretation
1: In this Act, unless the context otherwise requires,— actual distance address for service adjudicator section 83 auction section 4 banned person section 68 section 69 Board section 6A branch manager section 2(1) car auctioneer car consultant
a: relates to the sale or purchase of any motor vehicle by that other person; and
b: does not relate solely to the structural, material, or mechanical condition of the motor vehicle 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
ii: who operates any facility (for example, an Internet web page) for the primary purpose of facilitating the sale of used motor vehicles (which sale is completed through, or by means of, that facility); and
b: 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 company section 2(1) crime involving dishonesty section 2(1) Customs 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: in the case of an individual, the person's full name, residential address, date of birth, and occupation:
ii: in the case of a company, the company's name and the address of the company's registered office:
iii: whether the person indicated the purpose for importing the motor vehicles:
iv: any other particulars that the Comptroller of Customs considers relevant to the purpose set out in section 120 director section 126 Disputes Tribunal section 82(1) finance company
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:
ii: taking or enforcing a security over it:
iii: leasing it to any other person without conferring on that person the right to buy the motor vehicle; or
b: sells any motor vehicle bought, exchanged, or taken by way of assignment for any of the purposes specified in paragraph (a); or
c: sells any motor vehicle under a right of sale conferred by a security interest (within the meaning of section 17(1)﻿(a) former Act Motor Vehicle Dealers Act 1975 full name Fund section 30 hire purchase agreement section YA 1 of the Income Tax Act 2007 importer infringement offence section 116(2) Institute licensed car wrecker Secondhand Dealers and Pawnbrokers Act 2004 licensee section 2(1) licensee company section 2(1) manufacturer Minister Ministry mobility device section 2(1) moped section 233(1) motor cycle
a: means a motor vehicle running on 2 wheels, or on not more than 3 wheels when fitted with a sidecar; and
b: includes any vehicle with motor cycle controls declared by the Director of Land Transport
c: does not include a moped motor vehicle
a: means any of the following:
i: a road vehicle that is drawn or propelled by mechanical power and is of a kind ordinarily acquired by consumers for personal, domestic, or household use:
ii: a vehicle of any other class or description declared by the Governor-General, by Order in Council, to be a motor vehicle for the purposes of this Act ( see
b: does not include any of the following:
i:
ii: a moped:
iii: a motor cycle, the total cylinder capacity of which does not exceed 60 cubic centimeters:
iv: a tractor or farm machinery:
v: a trailer:
vi: a vehicle of any other class or description declared by the Governor-General, by Order in Council, not to be a motor vehicle for the purposes of this Act ( see :
vii: a vehicle that the Director has declared is not a motor vehicle under section 168A
viii: a mobility device motor vehicle trader section 7 motor vehicle trading new motor vehicle partnership sections 8 9 partner possession register section 52 Registrar section 60 sale
a: means the sale or lease or exchange or any other disposition of that motor vehicle or of any interest in that motor vehicle (for example, under a hire purchase agreement); and
b: includes the display for sale or offer for sale or offer for lease or offer for exchange of that motor vehicle; but
c: does not include a lease or offer for lease of a motor vehicle for a term not exceeding 4 months specified offence
a: an offence against—
i: the Crimes Act 1961
ii: the Fair Trading Act 1986
iii: the Customs and Excise Act 2018
iv: the Land Transport Act 1998
b: an offence against this Act:
c: an offence punishable by a term of imprisonment specified period statutory declaration Oaths and Declarations Act 1957 tamper
a: to alter, or cause to be altered, the reading on the odometer so as to make it appear that, at a particular time, the vehicle—
i: has travelled a distance less than the actual distance; or
ii: has travelled a distance more than the actual distance:
b: to remove the odometer 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
b: includes a sidecar for a motor cycle used motor vehicle
a: means a motor
i: been registered under—
A: the Transport Act 1962
B: the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or Part 17
C: any corresponding enactment of another country:
ii: been used for a purpose not connected with its manufacture or sale; and
b: includes a motor motor vehicle vehicle registration information
a: means information about any person whom the Secretary for Transport believes has sold more than 6 motor vehicles during a specified period; and
b: may include,—
i: in the case of an individual, the person's full name, residential address, date of birth, and occupation:
ii: in the case of a company, the company's name and the address of the company's registered office:
iii: any other particulars that the Secretary for Transport considers relevant to the purpose set out in section 122 wholesaler
a: selling new motor vehicles to motor vehicle traders, or to other persons who carry on that business; or
b: selling used motor vehicles to motor vehicle traders working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
c: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year.
2: Unless the context otherwise requires, a reference in this Act to a person concerned in the management of a company means—
a: a director of that company:
b: a person occupying the position of chief executive officer of that company by whatever name called.
3: For the purposes of this Act, a person participates in the business of motor vehicle trading if that person is—
a: a motor vehicle trader; or
b: a partner of a motor vehicle trader; or
c: a person concerned in the management of a company that is a motor vehicle trader; or
d: a shareholder of a company that is a motor vehicle trader; or
e: an employee or an agent of a motor vehicle trader; or
f: under a contract for services with a motor vehicle trader; or
g: engaged by a motor vehicle trader in any capacity (whether paid or not) that involves any dealings with consumers.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(1) auction inserted 18 December 2013 section 28(3) Auctioneers Act 2013 Section 6(1) existing licence application repealed 24 October 2019 section 81 Statutes Amendment Act 2019 Section 6(1) hire purchase agreement amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 6(1) invalid carriage repealed 22 June 2005 section 95(5) Land Transport Amendment Act 2005 Section 6(1) licensed car wrecker inserted 1 October 2010 section 4 Motor Vehicle Sales Amendment Act 2010 Section 6(1) mobility device inserted 22 June 2005 section 95(5) Land Transport Amendment Act 2005 Section 6(1) moped substituted 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 6(1) motor cycle amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 6(1) motor vehicle amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6(1) motor vehicle repealed 22 June 2005 section 95(5) Land Transport Amendment Act 2005 Section 6(1) motor vehicle amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6(1) motor vehicle amended 22 June 2005 section 95(5) Land Transport Amendment Act 2005 Section 6(1) motor vehicle added 22 June 2005 section 95(5) Land Transport Amendment Act 2005 Section 6(1) motor vehicle added 22 June 2005 section 95(5) Land Transport Amendment Act 2005 Section 6(1) partnership amended 21 April 2020 section 86 Partnership Law Act 2019 Section 6(1) sales by auction repealed 18 December 2013 section 28(3) Auctioneers Act 2013 Section 6(1) specified offence amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 6(1) transitional period repealed 24 October 2019 section 81 Statutes Amendment Act 2019 Section 6(1) used motor vehicle amended 17 May 2005 section 3(1) Motor Vehicle Sales Amendment Act 2005 Section 6(1) used motor vehicle amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 6(1) used motor vehicle amended 17 May 2005 section 3(2)﻿(a) Motor Vehicle Sales Amendment Act 2005 Section 6(1) used motor vehicle amended 17 May 2005 section 3(2)﻿(b) Motor Vehicle Sales Amendment Act 2005 Section 6(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 6(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 6(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Meaning of motor vehicle trader
7: 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
b: includes—
i:
ii: an importer:
iii: a wholesaler:
iv: a car auctioneer:
v: a car consultant. Section 7(b)﻿(i) repealed 1 October 2010 section 5 Motor Vehicle Sales Amendment Act 2010
8: Who is treated as motor vehicle trader
1: A person is treated as carrying on the business of motor vehicle trading for the purposes of this Act if—
a: the person holds out that the person is carrying on the business of motor vehicle trading; or
b: 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
c: 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 primary purpose of gain.
2: 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
b: in any way represents that the person is ready to carry, or is carrying, on the business of motor vehicle trading.
3: Subsection (1)﻿(b) does not apply to any trustee corporation (within the meaning of section 9 Section 8(3) amended 30 January 2021 section 161 Trusts Act 2019
9: Who is not treated as motor vehicle trader
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: an employee or an agent of a motor vehicle trader; or
b: under a contract for services with a motor vehicle trader; or
c: a solicitor who acts in that capacity as an agent for selling any motor vehicle unless that person is remunerated by commission in addition to, or instead of, that person's professional charges; or
d: a liquidator of a company that is a motor vehicle trader registered under this Act; or
e: a manufacturer who sells any motor vehicle to—
i: the Crown; or
ii: a motor vehicle trader registered under this Act; or
iii: any person who is or has been employed by the manufacturer; or
ea: a car market operator; or
f: a licensed car wrecker; or
g: 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
h: a finance company, an insurance company, a rental car company, a storage provider (within the meaning of section 2(1)
i: carrying on any other business besides carrying on the business of motor vehicle trading and who, in the course of that other business,—
i: buys any motor vehicle for use in connection with that business, with or without the intention of reselling it after such use; or
ii: resells the vehicle after using it in connection with that business.
2: 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 1 October 2010 section 6(1) Motor Vehicle Sales Amendment Act 2010 Section 9(1)﻿(f) substituted 1 October 2010 section 6(2) Motor Vehicle Sales Amendment Act 2010 Section 9(2) amended 1 October 2010 section 6(3) Motor Vehicle Sales Amendment Act 2010
2: Motor vehicle trading
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 vehicle trader under this Act,—
a: carry on the business of motor vehicle trading; or
b: hold out that the person is a motor vehicle trader.
2: 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
11: 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.
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
14: Particulars about used motor vehicle must be displayed
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)
1A: If a motor vehicle is offered or displayed for sale by a motor vehicle trader through a car market operator's facility (as referred to in paragraph (a)﻿(ii) of the definition of car market operator in section 6(1) subsection (1)
a: the place where the motor vehicle is offered or displayed for sale; and
b: the place through which, or by means of which, the contract for sale may be completed.
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)
3: Subsections (1) and (2)
a: by a motor vehicle trader registered under this Act; and
b: exclusively to other motor vehicle traders registered under this Act, or to licensed car wreckers, or to both. Section 14 substituted 1 October 2010 section 7 Motor Vehicle Sales Amendment Act 2010
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)
a: a statement that sets out the effect of section 58 section 145
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 acquires 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
b: the security interest was not created or provided for in a transaction to which the buyer or lessee is a party; and
c: before the transaction to which the buyer or lessee is a party is completed, the security interest was not,—
i: in the case of a used motor vehicle, disclosed in accordance with sections 14 and 15 of the Motor Vehicle Sales Act 2003
ii: in any other case, disclosed in writing to the buyer or lessee.
b: particulars (if any) that are contained in a consumer information standard prescribed by regulations made under section 27
c: any other prescribed particulars.
2: Nothing in this section or section 14
a: section 58
b: section 27
2: Other requirements
16: Written acknowledgment that buyer has received copy of notice must be obtained
1: 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 practicable after the sale of the motor vehicle; or
ii: in any other case, immediately before the sale of the motor vehicle; and
b: keep a copy of that notice and acknowledgment for a period of not less than 6 years after the date of the acknowledgment; and
c: make a copy of that notice and acknowledgment available for inspection at all reasonable times by the Registrar, or any person authorised by the Registrar, who asks to see it in accordance with section 125
3: Subsection (2) does not apply if the sale of the used motor vehicle is to—
a: a motor vehicle trader registered under this Act; or
b: a licensed car wrecker. Section 16(3) added 1 October 2010 section 8 Motor Vehicle Sales Amendment Act 2010
17: Requirements of section 16 may form part of contract for sale
Nothing in section 16
18: No contracting out of requirements of section 16
Section 16
19: Duty of motor vehicle trader with respect to money received from sales on consignment of used motor vehicles
1: This section and section 20 principal
2: 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: immediately on demand by the principal; or
b: if no demand is made, within 5 working days after the receipt of the money.
3: 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 principal's whereabouts.
4: The duty of a motor vehicle trader under subsection (2) is subject to any written authority or instruction given to the motor vehicle trader by the principal.
5: The money referred to in this section—
a: is not available for payment of the debts of the motor vehicle trader; and
b: 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
c: must not pass on the bankruptcy of the motor vehicle trader,—
i: in the case of a motor vehicle trader who is an individual, to the Official Assignee; or
ii: 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
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
b: does not include a sale by auction of that motor vehicle.
20: Motor vehicle trader must provide account
1: If this section applies, the motor vehicle trader must immediately on demand by the principal, or, if no demand is made, within 5 working days after the completion of the sale on consignment, 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
b: the manner in which the motor vehicle trader has applied the money.
2: For the purposes of this section, a sale on consignment is completed regardless of the fact that a notice of change of ownership has yet to be given in accordance with section 247 Section 20(2) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009
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.
2: The record—
a: must include the prescribed information; and
b: must be kept for a period of not less than 6 years after it has been made; and
c: must be available for inspection at all reasonable times by—
i: the Registrar, or any person authorised by the Registrar, who asks to see it in accordance with section 125
ii: any constable
d: may be kept in electronic form so long as it is readily retrievable. Section 21(2)﻿(c)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
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 section 36
b: a copy of that certificate.
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: an individual or a company; and
b: not disqualified from registration.
24: Persons disqualified from registration: individuals
An individual is disqualified from registration if he or she is—
a: under 18 years of age; or
b: a banned person; or
c: an undischarged bankrupt; or
d:
e:
f: 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)
ii: who has been suspended under the former Act; or
g:
h: a person whose registration as a motor vehicle trader has been cancelled under section 42
i: 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 Financial Markets Conduct Act 2013 Takeovers Act 1993
j: a person who has been convicted of a crime involving dishonesty within the preceding 5 years; or
k: a person who has been convicted of an offence against sections 17 to 22 24 to 26
l:
m: subject to a property order made under section 30 section 31 Section 24(d) repealed 24 October 2019 section 82 Statutes Amendment Act 2019 Section 24(e) repealed 24 October 2019 section 82 Statutes Amendment Act 2019 Section 24(g) repealed 24 October 2019 section 82 Statutes Amendment Act 2019 Section 24(i) substituted 25 October 2006 section 25 Securities Amendment Act 2006 Section 24(i) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 24(l) repealed 10 September 2008 section 10(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
25: Persons disqualified from registration: companies
A company is disqualified from registration if—
a: the company is a banned person; or
b:
c:
d: the company is in liquidation; or
e: the name of the company has been removed from the register of companies kept under section 360(1)﻿(a)
f: a person concerned in the management of the company is disqualified from registration in his or her own right under section 24
g: the company's registration as a motor vehicle trader has been cancelled under section 42 Section 25(b) repealed 24 October 2019 section 83 Statutes Amendment Act 2019 Section 25(c) repealed 24 October 2019 section 83 Statutes Amendment Act 2019 Exemptions from registration
26: Crown exempt from requirement to register
Nothing in this Act requires the Crown to be registered as a motor vehicle trader.
27: Power to exempt persons from requirement to register by Order in Council
1: 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 trader under section 10(1)﻿(a)
2: Nothing in section 10(1)﻿(b)
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Exemption may be recommended by Minister on application from any person
1: The Minister may recommend the making of an order under section 27
2: An application must be in the prescribed form and accompanied 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
a: the purpose set out in section 3
b: the manner in which the applicant proposes to carry on the business of motor vehicle trading, including the nature and extent of that business; and
c: whether it is in the public interest to grant an exemption; and
d: any other matters that the Minister considers relevant.
30: Process for making recommendation for exemption
1: The Minister must not make a recommendation under section 27
a: the Minister has consulted with the persons, or representatives 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
b: the Minister has considered those comments.
2: A failure to comply with subsection (1) does not affect the validity of any order made under section 27
3: Registration of motor vehicle traders
1: Procedure for registration of motor vehicle traders
Application
31: Application: general
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 person; or
b: if the application is made by a company, by any person concerned in the management of the company.
2: An application must be accompanied by—
a: a statutory declaration made by,—
i: in the case of an application made by an individual, that person; or
ii: in the case of an application made by a company, each person concerned in the management of that company; and
b: the prescribed application fee; and
c: the levy imposed under section 143
3: A statutory declaration must state that the person making the declaration is not disqualified from registration as a motor vehicle trader in his or her own right.
32: Content of application
1: An application must include the following information:
a: if the application is made by an individual,—
i: the full name, residential address, date of birth, and occupation of that person; and
ii: the proposed trading name of the applicant's motor vehicle trading business; and
iii: any further information and other material that may be prescribed:
b: if the application is made by a company,—
i: the name of the company, the date of its incorporation, the address of its registered office, and its principal type of business; and
ii: the unique number assigned to the company on its incorporation; and
iii: the full name, residential address, date of birth, and occupation of each person concerned in the management of the company; and
iv: the proposed trading name of the applicant's motor vehicle trading business; and
v: any further information and other material that may be prescribed.
2: The application must also—
a: state the address for service of the applicant, which address—
i: must identify the place by reference to its location 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
ii: if the application is made by a company, any person concerned in the management of that company. Acceptance or refusal of application
33: Registrar may accept or refuse application for registration
The Registrar may accept or refuse an application for registration.
34: Acceptance of application
1: 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:
ii: if the application is made by a company, that company and each person concerned in the management 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 section 32
35: Refusal of application
1: 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 Registration
36: Registration
If the Registrar accepts an application for registration, the Registrar must, as soon as practicable,—
a: enter the applicant's name on the register; and
b: provide the applicant with a—
i: written notice of the date on which the applicant's registration takes effect; and
ii: certificate of registration; and
iii: registration number or other unique identifier (if any).
37: Duration of registration
1: 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: cancelled under section 42
b: surrendered by the motor vehicle trader in accordance with section 46 section 47
2: A motor vehicle trader's registration may be renewed for further periods, each not exceeding 12 months.
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
39: Renewal of registration
1: An application for renewal of the registration of a motor vehicle trader must be made to the Registrar before the date on which the registration expires.
1A: The application for renewal must—
a: set out (with any necessary modifications) all the information specified in section 32(1)
b: be accompanied by the prescribed fee (which is the same as the fee for registration under section 31(2)﻿(b)
c: be accompanied by the levy imposed under section 143
d: include a certificate that confirms the matters identified in subsection (1B)
i: if the application is made by an individual, that person; or
ii: if the application is made by a company, any person concerned in the management of the company.
1B: The certificate to be included in the application must confirm—
a: 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
b: that the contents of the application are true and accurate.
1C: The application for renewal may be accompanied by a statutory declaration of the kind referred to in section 40A(3)﻿(b) section 40A(4)
2: Sections 33 to 38
a: an application for renewal is properly completed if it complies with subsections (1A) and (1B) of this section section 34(2)
b: 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)
3: 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 1 October 2010 section 9 Motor Vehicle Sales Amendment Act 2010 Section 39(1B) inserted 1 October 2010 section 9 Motor Vehicle Sales Amendment Act 2010 Section 39(1C) inserted 1 October 2010 section 9 Motor Vehicle Sales Amendment Act 2010 Section 39(2) substituted 1 October 2010 section 9 Motor Vehicle Sales Amendment Act 2010 Obligation to notify Registrar of changes Heading inserted 1 October 2010 section 10 Motor Vehicle Sales Amendment Act 2010
40: Obligation to notify Registrar of change in circumstances
1: The following persons must give written notice to the Registrar of any change in circumstances within 10 working days after the change:
a: an applicant for registration:
b: an applicant for renewal of registration:
c: a motor vehicle trader registered under this Act.
2: In this section, change in circumstances
a: means—
i: any change in the information that a person referred to in subsection (1) has provided under section 31 32 39
ii: any matter that results in that person becoming disqualified for registration under this Act; and
b: includes any change that may be prescribed (if any). Section 40(2)﻿(a)﻿(i) amended 1 October 2010 section 11 Motor Vehicle Sales Amendment Act 2010
40A: Obligation to notify Registrar if new person concerned in management of company
1: This section applies if—
a: a person becomes concerned in the management of a company that is registered under this Act as a motor vehicle trader; and
b: 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.
3: The notification must be in writing and must—
a: set out the full name, residential address, date of birth, and occupation of the new person; and
b: 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
c: include the prescribed fee (if any) for notification under this section.
4: If the new person ordinarily spends fewer than 300 days each calendar year in New Zealand, the notification need not include the statutory declaration required by subsection (3)﻿(b)
5: The option referred to in subsection (4) subsection (3)﻿(b) Section 40A inserted 1 October 2010 section 12 Motor Vehicle Sales Amendment Act 2010
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 accordance with section 42
b: records the surrender of that motor vehicle trader's registration in accordance with section 48
c: records the expiry of that motor vehicle trader's registration in accordance with section 50 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 accompanied by an application fee or levy payment that has subsequently been dishonoured; or
c: is disqualified from registration under this Act; or
d: has ceased to carry on the business of motor vehicle trading.
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
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 disqualified from registration under this Act.
2: A motor vehicle trader has the right to appeal, under section 64 Section 42(1A) inserted 10 September 2008 section 10(3) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 42(1B) inserted 1 October 2010 section 13 Motor Vehicle Sales Amendment Act 2010
43: Process for cancellation
1: The process for cancellation is as follows:
a: the Registrar must give the motor vehicle trader written notice of the Registrar's intention to cancel the registration of the motor vehicle trader; and
b: the notice must—
i: contain or be accompanied by a statement of the Registrar's reasons for the cancellation; and
ii: state that the cancellation takes effect on a specified date unless the motor vehicle trader makes, within 10 working days after receiving the notice, written representations to the Registrar as to why that trader's registration should not be so cancelled; and
c: if any written representations are made by the motor vehicle trader within the 10-working-day period referred to in paragraph (b)﻿(ii), the Registrar must take those representations into account in deciding whether or not to cancel the registration; and
d: 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 practicable; or
ii: if written representations are made by the motor vehicle trader within the 10-working-day period referred to in paragraph (b)﻿(ii), give written notice to the motor vehicle trader of the Registrar's decision as soon as practicable.
2: If the Registrar decides to cancel the registration, the Registrar must—
a: 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
ii: the date on which the cancellation takes effect; and
b: record the cancellation on the register as soon as practicable.
44: 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
45: 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 section 43 section 42(1)﻿(c)
a: a banned person; and
b: 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: notify the Registrar in writing of that fact; and
b: surrender that motor vehicle trader's registration to the Registrar.
48: Registrar must record surrender on register
As soon as possible after being notified of a surrender under section 46 section 47
49: Effective date of surrender
The surrender takes effect from the date stated in the register. Expiry of registration
50: 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 registration 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.
3: Miscellaneous provisions
Register of motor vehicle traders
52: Register of motor vehicle traders
1: A register of motor vehicle traders must be kept in New Zealand.
2: The register may be—
a: an electronic register; or
b: kept in any other manner that the Registrar thinks fit.
3: The register must be operated at all times unless—
a: 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.
4: 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.
53: 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 trading business; and
ii: 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
iii: determine whether or not a person is registered as a motor vehicle trader under this Act; and
b: 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
c: to facilitate the compliance, audit, and other supporting and administrative functions of the Ministry under this Act.
54: 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:
b: in the case of a motor vehicle trader who applied for registration as a company,—
i: the name of the company; and
ii: the address of the company's registered office; and
iii: the unique number assigned to the company on its incorporation; and
iv: the full name, residential address, date of birth, and occupation of each person concerned in the management of the company:
c: the registration number or other unique identifier provided to the motor vehicle trader on registration under section 36
d: the address for service of the motor vehicle trader:
e: the name stated in the motor vehicle trader's application for registration as the trading name of that motor vehicle trader's business or any other name subsequently notified 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):
f: the date of registration of the motor vehicle trader and the date of each renewal of registration:
g: if applicable, the date on which the cancellation or surrender of the motor vehicle trader's registration took effect:
h: any other particulars that may be prescribed.
55: 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 section 54
b: 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. Searches of register
56: Search of register
A person may search the register in accordance with this Act or regulations made under this Act.
57: Search criteria
The register may be searched only by reference to the following criteria:
a: in the case of a motor vehicle trader who applied for registration as an individual,—
i: the name of the motor vehicle trader:
ii: the residential address of the motor vehicle trader:
iii: the name and residential address of the motor vehicle trader:
b: in the case of a motor vehicle trader who applied for registration as a company,—
i: the name of the company:
ii: the address of the company's registered office:
iii: the name of the company and the address of its registered office:
iv: the unique number assigned to the company on its incorporation:
v: the name of a person concerned in the management of the company:
vi: the residential address of a person concerned in the management of the company:
vii: the name and residential address of a person concerned in the management of the company:
c: the registration number or other unique identifier provided to the motor vehicle trader on registration under section 36
d: the trading name of the motor vehicle trader's business:
e: any prescribed criteria.
58: Search purposes
A search of the register may be carried out only by the following persons for the following purposes:
a: an individual, or a person with the consent of the individual, for the purpose of searching for information about that individual:
b: a person for the purpose of determining—
i: who is responsible for a motor vehicle trading business:
ii: how to contact a motor vehicle trader registered under this Act:
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 section 69 Section 59 replaced 1 December 2020 section 217 Privacy Act 2020 Registrar of Motor Vehicle Traders
60: Appointment of Registrar of Motor Vehicle Traders
1: The chief executive of the Ministry must appoint, under the Public Service Act 2020
2: The person holding office as Registrar of Companies under the Companies Act 1993 Section 60(1) amended 7 August 2020 section 135 Public Service Act 2020
61: Functions of Registrar
The functions of the Registrar are—
a: to establish and maintain a register of motor vehicle traders; and
b: to enter the name of a motor vehicle trader on the register and to issue a certificate of registration under section 36
c: to cancel the registration of a motor vehicle trader under section 42
d: to perform any other functions conferred on the Registrar by this Act.
62: Power of Registrar to delegate
1: 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 the Registrar thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Registrar.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and 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.
63: Certificate of Registrar is sufficient evidence
1: A certificate signed by the Registrar in relation to the matters referred to in subsection (2) is for all purposes sufficient evidence, in the absence of proof to the contrary, of those matters specified in the certificate.
2: The matters are—
a: that any person was or was not registered at any particular time or during any period specified in the certificate; or
b: that any entry in the register is as stated in the certificate. Appeals against decisions of Registrar
64: Right of appeal
1: Any person may appeal to the District Court
a: a decision of the Registrar to refuse to register that person as a motor vehicle trader:
b: a decision of the Registrar to cancel that person's registration as a motor vehicle trader.
2: An appeal under this section must be made by giving notice of appeal within—
a: 20 working days after the date on which notice of the decision was communicated to the appellant; or
b: any further time that the District Court Section 64(1) amended 1 March 2017 section 261 District Court Act 2016 Section 64(2)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
65: District Court may make interim order pending determination of appeal
1: At any time before the final determination of an appeal, the District Court
2: An interim order may be subject to any conditions that the District Court thinks fit.
3: If the District Court Section 65(1) amended 1 March 2017 section 261 District Court Act 2016 Section 65(3) amended 1 March 2017 section 261 District Court Act 2016
66: Duties of Registrar if interim order made
1: 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 person's name on the register; and
b: in the case of a person who is appealing the Registrar's decision to cancel that person's registration,—
i: if the interim order is made before the cancellation takes effect, retain that person's name on the register; or
ii: if the interim order is made after the cancellation takes effect, restore that person's name on the register.
2: 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.
67: Determination of appeal
1: In determining an appeal, the District Court
2: The District Court's decision in the determination of an appeal is final.
3: To avoid doubt, nothing in this section affects the right of any person to apply, in accordance with law, for judicial review. Section 67(1) amended 1 March 2017 section 261 District Court Act 2016
4: Enforcement
1: Banning
Ban imposed by Act
68: Persons banned from participating in business of motor vehicle trading
1: 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 consecutive 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)
ii: holding out to be a motor vehicle trader without being registered under this Act, as set out in section 95(1)﻿(b)
iii: failing to pay money to a principal, as set out in section 103
iv: entering false information into a record of contracts for sale, as set out in section 105(1)﻿(a)
v: falsifying any matter recorded in a record of contracts for sale, as set out in section 105(1)﻿(b)
vi: making a false statutory declaration, giving a false certificate, or providing false or misleading information, as set out in section 107
vii: failing to notify the Registrar when a new person becomes concerned in the management of a company, as set out in section 108A
b: 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:
ii: been concerned in the management of a company that is a banned person:
iii: 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 because of the company's inability to pay its debts as and when they became due:
iv: been concerned in the management of a company that has failed to provide compensation for any loss incurred by a finance company resulting from the company selling a motor vehicle for which that finance company holds a security interest:
v: 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 management of, an incorporated or unincorporated body under the Companies Act 1993 Financial Markets Conduct Act 2013 Takeovers Act 1993
ii: is convicted of a crime involving dishonesty; or
iii: is convicted of an offence against sections 17 to 22 sections 24 to 26
iv: has, more than once within a period of 10 consecutive years, been adjudged bankrupt or failed to provide compensation for any loss incurred by a finance company resulting from the person selling a motor vehicle for which that finance company holds a security interest:
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 matter, as the case may be, for which the ban is imposed by this Act.
3: 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 treated as a single conviction towards the number of convictions under subsection (1)﻿(a) for which a ban may be imposed by this Act. Section 68(1)﻿(a)﻿(vi) substituted 1 October 2010 section 14(1) Motor Vehicle Sales Amendment Act 2010 Section 68(1)﻿(a)﻿(vii) added 1 October 2010 section 14(1) Motor Vehicle Sales Amendment Act 2010 Section 68(1)﻿(c) amended 1 October 2010 section 14(2) Motor Vehicle Sales Amendment Act 2010 Section 68(1)﻿(c)﻿(i) substituted 25 October 2006 section 25 Securities Amendment Act 2006 Section 68(1)﻿(c)﻿(i) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Ban ordered by court
69: Power to ban certain persons from participating in business of motor vehicle trading
1: The District Court
a: both of the following circumstances apply:
i: the person has been convicted of a specified offence but is not banned from participating in the business of motor vehicle trading under section 68
ii: the District Court considers that the person is not a fit and proper person to participate in that business; or
b: the District Court considers that there is sufficient evidence 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 the District Court
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 criminally liable for the matters on the grounds of which the order is to be made; and
b: for a specified time; and
c: subject to the terms and conditions that the District Court thinks fit; and
d: 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 Registrar. Section 69(1) amended 1 March 2017 section 261 District Court Act 2016 Section 69(2) amended 1 March 2017 section 261 District Court Act 2016
70: Notice of hearing
1: If an application is made for an order under section 69
a: fix the time and place for the hearing of the application; and
b: as soon as practicable, give notice of the application and of the time and place of hearing in the prescribed form to—
i: the applicant; and
ii: the respondent; and
iii: 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: 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
b: the respondent may appear and give evidence or call witnesses; and
c: any person referred to in subsection (1)﻿(b)﻿(iii) may also appear and be heard.
71: District Court may order payment of costs
1: In any proceedings under section 69
a: by order, award to any party costs that the court considers reasonable; and
b: direct how and to which parties the costs must be paid.
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.
72: Appeals to High Court
1: Any person who had a right to appear and be heard in any proceedings under section 69 the District Court
a: has made or refused to make an order under that section; or
b: has otherwise finally determined or has dismissed the proceedings.
2: An appeal under this section must be made within—
a: 20 working days after the making of the order or decision; or
b: any further time that the High Court may allow on application made before or after the expiration of that period.
3: In determining an appeal, the High Court may—
a: make any order that the District Court sections 69 71
b: cancel an order made by the District Court
c: vary any term or condition of an order made by the District Court
4: The High Court's decision in the determination of an appeal is final.
5: To avoid doubt, nothing in this section affects the right of any person to apply, in accordance with law, for judicial review. Section 72(1) amended 1 March 2017 section 261 District Court Act 2016 Section 72(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 72(3)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 72(3)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 List of banned persons
73: List of banned persons to be kept by Registrar
1: The Registrar must ensure that a list of banned persons is kept for the purposes of this Act.
2: The list may be—
a: an electronic list; or
b: kept in any other manner that the Registrar thinks fit.
3: The list must be operated at all times unless—
a: the Registrar suspends the operation of the list, in whole or in part, in accordance with subsection (4); or
b: otherwise provided in regulations made under this Act.
4: The Registrar may refuse access to the list or otherwise suspend the operation of the list, in whole or in part, if the Registrar considers that it is not practical to provide access to the list.
74: 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
b: to prevent banned persons from participating in the motor vehicle trading industry; and
c: to facilitate the Ministry's enforcement, compliance, audit, and other supporting and administrative functions under this Act.
75: 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:
b: in the case of a company,—
i: the name of the company; and
ii: the address of the company's registered office; and
iii: the unique number assigned to the company on its incorporation; and
iv: the full name, residential address, and date of birth of each person concerned in the management of the company:
c: if applicable, the registration number or other unique identifier provided to the person on registration under section 36
d: if applicable, the trading name of the person's motor vehicle trading business:
e: the period of the ban:
f: the reason for the ban:
g: in the case of a person who is banned under section 69
h: any other particulars that may be prescribed.
76: 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
b: reflect the decision of the High Court in determining an appeal under section 72
c: 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.
77: Procedure for recording names of banned persons on list
1: 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.
2: The notice must,—
a: in the case of a person who is banned under section 68
b: in the case of a person who is banned under section 69
c: state that the banned person may, within 10 working days after the date of the notice, make written representations to the Registrar as to why that person's name should not be so recorded.
3: If, after considering any representations made under subsection (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 notice to the person accordingly.
4: This section is subject to section 45 Searches of list
78: Search of list
A person may search the list in accordance with this Act or regulations made under this Act.
79: 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: the name of the person:
ii: the last known residential address of the person:
iii: the name and last known residential address of the person:
iv: the name and date of birth of the person:
b: in the case of a banned person that is a company,—
i: the name of the company:
ii: the address of the company's registered office:
iii: the name of the company and the address of its registered office:
iv: the unique number assigned to the company on its incorporation:
v: the name of a person concerned in the management of the company:
vi: the residential address of a person concerned in the management of the company:
vii: the name and residential address of a person concerned in the management of the company:
viii: the name and date of birth of a person concerned in the management of the company:
c: if applicable, the registration number or other unique identifier provided to the banned person on registration under section 36
d: if applicable, the trading name of the banned person's motor vehicle trading business:
e: any prescribed criteria.
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 individual, for the purpose of searching for information about that individual:
b: a person for the purpose of determining whether or not a person is a banned person.
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 section 69 Section 81 replaced 1 December 2020 section 217 Privacy Act 2020
2: Motor Vehicle Disputes Tribunals
Constitution
82: Motor Vehicle Disputes Tribunals
1: The Minister must, by notice in the Gazette
2: The Minister may—
a: give a distinctive name to each Disputes Tribunal; and
b: change that name.
3: Each Disputes Tribunal must consist of—
a: an adjudicator who must be a barrister or solicitor of the High Court of not less than 5 years' practice; and
b: an assessor appointed by the adjudicator for the purposes of each hearing from a panel maintained by the Minister under section 88
4: The provisions of Schedule 1
5: The Minister may, by notice in the Gazette
a: disestablish a Disputes Tribunal; and
b: direct how the records of that Disputes Tribunal are to be dealt with. Adjudicators
83: Appointment of adjudicators
1: 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 Public Service Act 2020 Government Superannuation Fund Act 1956 Section 83(2) amended 7 August 2020 section 135 Public Service Act 2020
84: Term of office of adjudicators
1: Except as provided in section 85
a: must hold office for a term not exceeding 5 years; and
b: may be reappointed.
2: Unless an adjudicator sooner vacates office under section 85
a: he or she is reappointed; or
b: a successor is appointed; or
c: he or she is informed in writing by the Minister that he or she is not to be reappointed.
3: An adjudicator who continues in office for any period under subsection (2) may act as an adjudicator during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Disputes Tribunal on which he or she sat before the expiry of his or her term of office:
b: hearing any other proceedings.
4: An adjudicator who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard. Section 84(1)﻿(b) replaced 14 November 2018 section 164(1) Tribunals Powers and Procedures Legislation Act 2018 Section 84(3) inserted 14 November 2018 section 164(2) Tribunals Powers and Procedures Legislation Act 2018 Section 84(4) inserted 14 November 2018 section 164(2) Tribunals Powers and Procedures Legislation Act 2018
85: Vacation of office
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 3 December 2007 section 445 Insolvency Act 2006
85A: Appointment of temporary acting adjudicator
1: If an adjudicator of a Disputes Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an adjudicator considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as an acting adjudicator for the period or purpose stated in the appointment.
2: No person may be appointed as an acting adjudicator unless he or she is eligible for appointment as an adjudicator.
3: An acting adjudicator is, while acting in the position, to be treated as the adjudicator of the relevant Disputes Tribunal.
4: No appointment of an acting adjudicator, no act done by an acting adjudicator, and no act done by a Disputes Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 85A inserted 14 November 2018 section 165 Tribunals Powers and Procedures Legislation Act 2018
86: Remuneration and allowances of adjudicators
1: An adjudicator is entitled to receive, out of public money appropriated by Parliament for the purpose, the remuneration that the Remuneration Authority Remuneration Authority Act 1977
2: Travelling allowances and expenses must be paid to an adjudicator in accordance with the Fees and Travelling Allowances Act 1951 Section 86(1) amended 15 December 2003 section 3(3) Remuneration Authority (Members of Parliament) Amendment Act 2002
87: Adjudicator to submit annual report
1: The adjudicator of each Disputes Tribunal must submit an annual report to the Minister within 3 months after 30 June in each year
2: The report must—
a: summarise the applications dealt with during the year; and
b: detail any cases that in the adjudicator's opinion require special mention; and
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 1 October 2010 section 15(1) Motor Vehicle Sales Amendment Act 2010 Section 87(3) substituted 1 October 2010 section 15(2) Motor Vehicle Sales Amendment Act 2010 Panel
88: Panel of persons who may be appointed as assessors
1: The Minister must maintain a panel of any number of persons that may be required to ensure the efficient and expeditious exercise of the jurisdiction of the Disputes Tribunals throughout New Zealand.
1A: The Minister must specify a period of up to 5 years for which a person is approved as a member of the panel.
1B: The Minister may approve the inclusion of a person on the panel for further periods of up to 5 years.
2: In considering the suitability of any person for inclusion on the panel, the Minister must have regard to—
a: the person's personal attributes, qualifications, and skills; and
b: the need for persons included on the panel to have between them knowledge of, or experience in, the different aspects of matters likely to come before the Disputes Tribunal.
3:
4: However, the name of a person must be removed from the panel if—
a: the person dies or is adjudged bankrupt under the Insolvency Act 2006
b: the Minister directs that the name of the person be removed from the panel for inability to perform the duties of an assessor; or
c: the period during which the person's name may be included on the panel has expired; or
d: the person requests by writing addressed to the Minister that the person's name be removed.
5: If subsection (4)﻿(c) or (d) applies, the person may continue in office for the purpose of completing any proceedings that are partly or wholly heard. Section 88(1) replaced 14 November 2018 section 166(1) Tribunals Powers and Procedures Legislation Act 2018 Section 88(1A) inserted 14 November 2018 section 166(1) Tribunals Powers and Procedures Legislation Act 2018 Section 88(1B) inserted 14 November 2018 section 166(1) Tribunals Powers and Procedures Legislation Act 2018 Section 88(3) repealed 14 November 2018 section 166(2) Tribunals Powers and Procedures Legislation Act 2018 Section 88(4)﻿(a) amended 3 December 2007 section 445 Insolvency Act 2006 Section 88(5) replaced 14 November 2018 section 166(3) Tribunals Powers and Procedures Legislation Act 2018 Jurisdiction
89: Jurisdiction of Disputes Tribunal
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 if that application or claim is in respect of the sale of any motor vehicle:
i: the Fair Trading Act 1986
ii: the Consumer Guarantees Act 1993
iii: subpart 3 Part 3
b: make any order that a court or the Disputes Tribunal Disputes Tribunals Act 1988
i:
ii: in the case of proceedings under the Fair Trading Act 1986 section 43(2)
iii: in the case of proceedings under the Consumer Guarantees Act 1993 section 39 47
iv: in the case of proceedings under subpart 3 Part 3 sections 43 to 48 section 194
2: A Disputes Tribunal may order that the rights and obligations of the buyer of a motor vehicle under a collateral credit agreement 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
b: the motor vehicle trader is a party to that contract for sale; and
c: either one of the following circumstances applies:
i: the buyer exercises the right conferred by the Consumer Guarantees Act 1993 section 47(1)
ii: the Disputes Tribunal finds that the buyer has suffered, or is likely to suffer, loss or damage by the conduct of the motor vehicle trader that constitutes, or would constitute, any of the conduct referred to in section 43(1)
3: For the purposes of subsection (2), collateral credit agreement
4: This section is subject to section 90
5: The Limitation Act 2010 Section 89(1)﻿(a) replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 89(1)﻿(a)﻿(iii) substituted 1 October 2010 section 16(1) Motor Vehicle Sales Amendment Act 2010 Section 89(1)﻿(a)﻿(iv) added 1 October 2010 section 16(1) Motor Vehicle Sales Amendment Act 2010 Section 89(1)﻿(b) amended 14 November 2018 section 167 Tribunals Powers and Procedures Legislation Act 2018 Section 89(1)﻿(b)﻿(i) repealed 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 89(1)﻿(b)﻿(iii) substituted 1 October 2010 section 16(2) Motor Vehicle Sales Amendment Act 2010 Section 89(1)﻿(b)﻿(iv) replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 89(5) added 1 January 2011 section 58 Limitation Act 2010
90: Limits on jurisdiction of Disputes Tribunals
1: A Disputes Tribunal has jurisdiction only if—
a: one party, but not both parties, to the application or claim is a motor vehicle trader; and
b: 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 1 October 2010 section 17 Motor Vehicle Sales Amendment Act 2010
91: Disputes Tribunal's jurisdiction not excluded
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—
a: the submission to arbitration of any dispute or difference arising under that contract; or
b: 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.
3: 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.
92: 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.
93: Transfer of proceedings
1: A Disputes Tribunal that has no jurisdiction to hear and determine any proceedings may order the proceedings to be transferred to a court or other body that has jurisdiction to determine the matter.
2: A Disputes Tribunal may order that any proceedings be transferred to a court or other body that also has jurisdiction to determine 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 1 October 2010 section 18 Motor Vehicle Sales Amendment Act 2010
94: Decisions to be publicly available
1: Subject to clause 13A
2: The ways in which decisions are made publicly available must include making a copy of the decision available, free of charge, on an Internet site that is publicly accessible at all reasonable times.
3: If a decision is appealed, a statement to the effect that the decision has been appealed must be included with the copy of the decision that is made publicly available. Section 94 substituted 1 October 2010 section 18 Motor Vehicle Sales Amendment Act 2010 Section 94(1) amended 14 November 2018 section 168 Tribunals Powers and Procedures Legislation Act 2018
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,—
a: carries on the business of motor vehicle trading; or
b: holds out that the person is a motor vehicle trader.
2: The penalty on conviction for an offence against this section is set out in section 118 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.
2: The penalty on conviction for an offence against this section is set out in section 118
97: Offence to contravene conditions imposed on banned person by court
1: A banned person commits an offence if the person fails to comply 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)
2: The penalty on conviction for an offence against this section is set out in section 118
98: Offence to employ or engage banned persons
1: A person commits an offence if the person employs or engages, or continues to employ or engage, a banned person in any capacity that involves participation in the business of motor vehicle trading.
2: 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 section 69
3: The penalty on conviction for an offence against this section is set out in section 117 Offence relating to tampering with odometers
99: Offence to tamper with odometers
1: A person commits an offence if, without reasonable excuse, the person tampers with a motor vehicle's odometer.
2: The penalty on conviction for an offence against this section is set out in section 118
100: Evidence in prosecutions for offence of tampering with odometers
In a prosecution for an offence against section 99 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) section 28 section 40 Section 101 substituted 17 May 2005 section 4 Motor Vehicle Sales Amendment Act 2005
102: Failure
by car market operator to comply
1: A car market operator commits an offence if the car market operator, contrary to section 14(2)
2: The penalty on conviction for an offence against this section is set out in section 116 Section 102 heading amended 1 October 2010 section 19(1) Motor Vehicle Sales Amendment Act 2010 Section 102(1) substituted 1 October 2010 section 19(2) Motor Vehicle Sales Amendment Act 2010 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 to a principal in accordance with section 19
2: 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 account in accordance with section 20
2: 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: enters any false information into a record of contracts for sale; or
b: falsifies any matter recorded in a record of contracts for sale; or
c: otherwise fails to comply with section 21
2: The penalty on conviction for an offence against this section is set out in section 116
106: Duty to produce certificate of registration
1: A person commits an offence if the person fails, without reasonable excuse, to produce for inspection that person's certificate of registration, or a copy of that certificate, when asked to do so by any person.
2: The penalty on conviction for an offence against this section is set out in section 116 Offences relating to registration and notification to Registrar Heading substituted 1 October 2010 section 20 Motor Vehicle Sales Amendment Act 2010
107: Offence of providing false declarations, etc
1: A person commits an offence if the person—
a: makes a false statutory declaration or certificate under any of sections 31 32 40A
b: gives a false certificate in an application under section 39
c: for the purpose of applying for registration or renewal of registration, or of notifying the Registrar of changes under section 40 40A
2: The penalty on conviction for an offence against this section is set out in section 118 Section 107 substituted 1 October 2010 section 20 Motor Vehicle Sales Amendment Act 2010
108: Offence to fail to notify change in circumstances
1: A person commits an offence if the person fails, without reasonable excuse, to notify the Registrar of any change in circumstances in accordance with section 40
2: The penalty on conviction for an offence against this section is set out in section 116
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
2: The penalty on conviction for an offence against this section is set out in section 116 Section 108A inserted 1 October 2010 section 21 Motor Vehicle Sales Amendment Act 2010 Offences relating to inspection and search
109: Offence to obstruct inspection
1: A person commits an offence if the person—
a: resists, obstructs, deceives, or attempts to deceive any person who is exercising or attempting to exercise any power or function under section 125
b: fails to comply in any respect with any requirement under section 125
c: gives to any person who is exercising or attempting to exercise any power or function under section 125
2: The penalty on conviction for an offence against this section is set out in section 116
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.
2: The penalty for an offence against this section is set out in section 116 Offences relating to Disputes Tribunals Heading inserted 14 November 2018 section 169 Tribunals Powers and Procedures Legislation Act 2018
110A: Offence in relation to suppression orders
1: A person commits an offence if the person breaches an order made under clause 13A
2: The penalty for an offence under this section is set out in section 116A Section 110A inserted 14 November 2018 section 169 Tribunals Powers and Procedures Legislation Act 2018
110B: Contempt of Tribunal
1: A person commits an offence if the person—
a: wilfully insults, or obstructs a Disputes Tribunal, an adjudicator, an assessor, a witness, or an officer of a Tribunal during a sitting of a Tribunal or while an adjudicator, an assessor, a witness, or an officer is going to, or returning from, a sitting of a Tribunal; or
b: wilfully insults, or obstructs any person in attendance at a sitting of a Tribunal; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of a Tribunal; or
d: wilfully and without lawful excuse disobeys any order or direction of a Tribunal in the course of the hearing of any proceedings.
2: The penalty for an offence under this section is set out in section 116A
3: A Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Tribunal, constitutes an offence against subsection (1), whether or not the person is charged with the offence, and any officer of the Tribunal or constable may take any steps that are reasonably necessary to enforce the exclusion. Section 110B inserted 14 November 2018 section 169 Tribunals Powers and Procedures Legislation Act 2018 Proceedings for offences generally Heading repealed 1 July 2013 section 413 Criminal Procedure Act 2011
111: Proceedings for offences generally
Section 111 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Proceedings for infringement offences
112: Proceedings for infringement offences
1: If a person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be issued with an infringement notice as provided in section 113
2: If an infringement notice has been issued under section 113 section 21 Section 112(1)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
113: Issue of infringement notices
If the Registrar has reasonable cause to believe that a person has committed an infringement offence, an infringement notice 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
b: that the infringement fee is $500; and
c: where the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement of the person's right to request a hearing; and
g: a statement of what will happen if the person neither pays the fee nor requests a hearing; and
h: 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 Section 115 amended 25 January 2005 section 65R(3) Public Finance Act 1989 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.
2: The provisions are—
a: section 102 motor vehicle trader section 14(2)
b: section 105(1)﻿(a)
c: section 105(1)﻿(b)
d: section 105(1)﻿(c) section 21
e: section 106
f: section 108
fa: section 108A
g: section 109(1)﻿(a)
h: section 109(1)﻿(b)
i: section 109(1)﻿(c)
j: section 110 Section 116(2)﻿(a) amended 1 October 2010 section 22(1) Motor Vehicle Sales Amendment Act 2010 Section 116(2)﻿(fa) inserted 1 October 2010 section 22(2) Motor Vehicle Sales Amendment Act 2010
116A: Penalties for offences relating to Disputes Tribunals
1: A person convicted of an offence against section 110A
2: A person convicted of an offence against section 110B clause 9H Section 116A inserted 14 November 2018 section 170 Tribunals Powers and Procedures Legislation Act 2018
117: Penalties for offences under sections 98, 103, and 104
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 $20,000; or
b: in the case of a company, to a fine not exceeding $40,000.
2: The provisions are—
a: section 98
b: section 103 section 19
c: section 104 section 20
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
b: in the case of a company, to a fine not exceeding $200,000.
2: The provisions are—
a: section 95(1)﻿(a)
b: section 95(1)﻿(b)
c: section 96
d: section 97
e: section 99
f: section 107
g: Section 118(2)﻿(f) substituted 1 October 2010 section 23 Motor Vehicle Sales Amendment Act 2010 Section 118(2)﻿(g) repealed 1 October 2010 section 23 Motor Vehicle Sales Amendment Act 2010
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) section 118
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.
4: Information-gathering powers
Information-matching provisions
120: Purpose of disclosure of Customs' information
The purpose of section 121
a: identifying any person who imports more than 3 motor vehicles during a specified period; and
b: determining whether or not that person should be registered as a motor vehicle trader under this Act.
121: Customs must supply Customs' information to Registrar
1: The Comptroller of Customs, or any authorised officer of Customs, must supply to the Registrar any Customs' information for the time being held by Customs at the time and at the intervals 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.
3: On or after 1 December 2020
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1 Section 121(3) inserted 1 December 2020 section 190 Privacy Act 2020
122: Purpose of disclosure of information by Ministry of Transport
The purpose of section 123
a: identifying any person who sells more than 6 motor vehicles during a specified period; and
b: determining whether or not that person is, or should be, a banned person or registered as a motor vehicle trader under this Act.
123: Registrar of Motor Vehicles must supply vehicle registration information to Registrar
1: The Registrar of Motor Vehicles, or any person authorised by that Registrar, must supply to the Registrar any vehicle registration information for the time being held under Part 17
2: On receiving information from the Registrar of Motor Vehicles under this section, the Registrar may cause a comparison of that information to be made with the information held in the register.
3: On or after 1 December 2020
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1 Section 123 substituted 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 123(3) inserted 1 December 2020 section 190 Privacy Act 2020 Inspection
124: Purpose of inspection by Registrar
The powers in section 125
a: determining whether a person is complying, or has complied, with this Act; or
b: detecting contraventions of this Act.
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
b: inspect and take copies of relevant documents; or
c: 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
d: 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.
126: Conditions of authorisation
1: The Registrar must not authorise a person to carry out an inspection unless the Registrar is satisfied that the person is suitably 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—
a: the authorisation referred to in subsection (3); and
b: evidence of that person's identity.
3: An authorisation must be in writing and must contain—
a: a reference to this section; and
b: the full name of the authorised person; and
c: a statement of the powers conferred on the authorised person by section 125
d: the purpose for which those powers may be exercised.
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 subsection (2).
2: The circumstances are—
a: the occupier of the place consents to the entry; or
b: the place is a public place and the entry is made when it is open to the public; or
c: the place is a motor vehicle trader's place of business and it is—
i: open for carrying on the business; or
ii: otherwise open to the public; or
d: the entry is authorised by a search warrant issued under section 130
128: Disclosure of information from inspection
On the direction of the Registrar, a person authorised to make an inspection under section 125
a: the Registrar; or
b: any person specified by the Registrar for the purposes of—
i: exercising powers conferred by this Act; or
ii: 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 information were acquired or any person to whom they relate); or
iii: a liquidator for the purposes of liquidation of a company; or
iv: 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—
a: in accordance with section 128
b: for the purposes of this Act; or
c: in accordance with the Official Information Act 1982 Privacy Act 2020
d: for the purposes of any court proceedings; or
e: for any purposes that may be specified in any other Act. Section 129(c) amended 1 December 2020 section 217 Privacy Act 2020 Search warrants
130: Issue of warrant
1: Any issuing officer (within the meaning of section 3 subpart 3
a: in respect of which an offence under this Act has been or is being committed; or
b: that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or
c: that is or may be evidence of the commission of an offence under this Act by any person.
2: The provisions of Part 4
3: Despite subsection (2), sections 118 119 Section 130(1) amended 1 October 2012 section 284(2) Search and Surveillance Act 2012 Section 130(2) replaced 1 October 2012 section 284(3) Search and Surveillance Act 2012 Section 130(3) inserted 1 October 2012 section 284(3) Search and Surveillance Act 2012
131: Powers conferred by warrant
Section 131 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
132: Form and content of search warrant
Section 132 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
133: Warrant must be produced
Section 133 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
134: Other duties of person who executes warrant
Section 134 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
135: When alternative to list of seized documents may be provided
Section 135 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
136: Matters that must be stated in list of documents
Section 136 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
137: Duty to assist
Section 137 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
138: Power to inspect and take copies of documents, etc, obtained under warrant
Section 138 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
139: Disposal of things seized
Section 139 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
140: Court order for disposal of things seized to be suspended on conviction
Section 140 repealed 1 October 2012 section 284(4) Search and Surveillance Act 2012
5: Miscellaneous provisions
Exemption for car auctioneers from registration requirement under Auctioneers Act 2013 Heading replaced 18 December 2013 section 28(3) Auctioneers Act 2013
141: Exemption for car auctioneers from registration requirement under Auctioneers Act 2013
1: If a car auctioneer who is registered as a motor vehicle trader under this Act carries on a business that is limited to conducting auctions of motor vehicles only, the car auctioneer is exempt from the requirement in the Auctioneers Act 2013
2: However, the car auctioneer—
a: must comply with the rules about the conduct of auctions as set out in sections 36Y to 36ZF
b: may apply for registration under the Auctioneers Act 2013 Section 141 replaced 18 December 2013 section 28(3) Auctioneers Act 2013 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)
ii: 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)
iii: posted in a letter addressed to the person at the person's address for service stated in accordance with section 32(2)
b: in any other case, the notice or document is—
i: delivered to the person; or
ii: left at the person's usual or last known place of residence or business in New Zealand; or
iii: posted in a letter addressed to the person at the person's place of residence or business in New Zealand.
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.
5: An Section 142(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 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.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing different levies for different classes of motor vehicle traders:
b: specifying the amount of the levy:
c: providing for the method by which the levy will be calculated:
d: specifying the criteria and other requirements by and against which the levy will be set or reset:
e: providing for the payment and collection of the levy:
f: exempting any motor vehicle trader or class of motor vehicle traders from paying the levy:
g: providing for waivers or refunds of the whole or any part of the levy:
h: providing for any other matters necessary or desirable to set, calculate, administer, collect, and enforce the levy.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 143(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Regulations
144: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms to be used for the purposes of this Act, and the matters to be specified in the forms:
b: prescribing fees payable under this Act:
c: prescribing procedures for the payment of prescribed fees:
d: prescribing procedures, requirements, and other matters, 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: the operation of the register or list:
ii: access to the register or list:
iii: 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 necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 144(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Amendments and repeal
145: Amendments to other enactments
The enactments set out in Schedule 2
146: Repeal
The Motor Vehicle Dealers Act 1975 (1975 No 127) 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 former Act. Transitional provisions for existing licence applications Heading repealed 24 October 2019 section 84 Statutes Amendment Act 2019
148: Existing licence applications must be treated as applications for registration under this Act in certain cases
Section 148 repealed 24 October 2019 section 84 Statutes Amendment Act 2019
149: What happens if applicant does not meet requirements of section 148(2)
Section 149 repealed 24 October 2019 section 84 Statutes Amendment Act 2019
150: Registrar's requirements for processing existing licence applications
Section 150 repealed 24 October 2019 section 84 Statutes Amendment Act 2019
151: Payment of prescribed application fee under former Act sufficient for purpose of processing existing licence application
Section 151 repealed 24 October 2019 section 84 Statutes Amendment Act 2019 Transitional provisions for registration Heading repealed 24 October 2019 section 84 Statutes Amendment Act 2019
152: Certain persons to be treated as registered on commencement of Act
Section 152 repealed 24 October 2019 section 84 Statutes Amendment Act 2019
153: When registration under section 152 ceases
Section 153 repealed 24 October 2019 section 84 Statutes Amendment Act 2019 Transitional provisions for Board Heading repealed 24 October 2019 section 84 Statutes Amendment Act 2019
154: Continuation of Board
Section 154 repealed 24 October 2019 section 84 Statutes Amendment Act 2019
155: Board must deliver certain records to Registrar
Section 155 repealed 24 October 2019 section 84 Statutes Amendment Act 2019 Transitional provisions for disciplinary proceedings under former Act Heading repealed 24 October 2019 section 84 Statutes Amendment Act 2019
156: Transitional provisions for disciplinary proceedings under former Act
Section 156 repealed 24 October 2019 section 84 Statutes Amendment Act 2019 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
2: For the purpose of dealing with allegations, complaints, and disputes in relation to those obligations, the former Act continues in force as if this Act had not been passed.
3: However, a dispute in relation to an obligation to which subsection (1) applies may, after the commencement of this Act, be referred under section 96(4) section 82 section 97
4: If, before the commencement of this Act, a dispute to which section 96 section 97 of that Act Transitional provisions for Fund
158: Purpose of section 159
Section 158 repealed 24 October 2019 section 85 Statutes Amendment Act 2019
159: Membership of Institute to continue despite repeal of former Act
Section 159 repealed 24 October 2019 section 85 Statutes Amendment Act 2019
160: Claims against Fund
Section 160 repealed 24 October 2019 section 85 Statutes Amendment Act 2019
161: Registrar must cancel registration for non-payment of contribution to Fund
Section 161 repealed 24 October 2019 section 85 Statutes Amendment Act 2019
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
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.
3: 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 New Zealand Institute of Chartered Accountants Act 1996
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 162(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(3) amended 7 July 2010 section 10 New Zealand Institute of Chartered Accountants Amendment Act 2010 Section 162(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Review of Act Heading repealed 24 October 2019 section 86 Statutes Amendment Act 2019
163: Review of operation of Act
Section 163 repealed 24 October 2019 section 86 Statutes Amendment Act 2019