Motor Vehicle Sales Amendment Act 2010

1: Title
This Act is the Motor Vehicle Sales Amendment Act 2010.
2: Commencement
This Act comes into force on 1 October 2010.
3: Principal Act amended
This Act amends the Motor Vehicle Sales Act 2003 2010-10-01 Motor Vehicle Sales Act 2003
1: Amendments to principal Act
4: Interpretation
Section 6(1) licensed car wrecker Secondhand Dealers and Pawnbrokers Act 2004 .
5: Meaning of motor vehicle trader
Section 7(b)(i)
6: Who is not treated as motor vehicle trader
1: Section 9(1)
ea: a car market operator; or .
2: Section 9(1)
f: a licensed car wrecker; or .
3: Section 9(2) who is not a car market operator
7: New section 14 substituted
Section 14
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) is attached to the vehicle in a prominent position.
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)), the motor vehicle trader complies with the obligation in 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.
8: Written acknowledgement that buyer has received copy of notice must be obtained
Section 16
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.
9: Renewal of registration
Section 39
1A: The application for renewal must—
a: set out (with any necessary modifications) all the information specified in section 32(1) and (2)(a); and
b: be accompanied by the prescribed fee (which is the same as the fee for registration under section 31(2)(b), unless a separate fee is prescribed); and
c: be accompanied by the levy imposed under section 143 (if any); and
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 apply to an application for renewal of registration as if the application were an application for registration, except that—
a: an application for renewal is properly completed if it complies with subsections (1A) and (1B) of this section
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).
10: New heading inserted
The following heading is inserted above section 40 Obligation to notify Registrar of changes .
11: Obligation to notify Registrar of change in circumstances
Section 40(2)(a)(i) sections 31 and 32 section 31, 32, or 39
12: New section 40A inserted
The following section is inserted after section 40
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)
13: When Registrar must cancel registration
Section 42
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.
14: Persons banned from participating in business of motor vehicle trading
1: Section 68(1)(a)
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 .
2: Section 68(1)(c) is amended by omitting a person who, while registered as a motor vehicle trader under this Act,— a motor vehicle trader, or a person who has at any time within the previous 5 years been a motor vehicle trader, who—
15: Adjudicator to submit annual report
1: Section 87(1) within 3 months after 30 June in each year
2: Section 87
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.
16: Jurisdiction of Disputes Tribunal
1: Section 89(1)(a)
iii: the Consumer Guarantees Act 1993:
iv: the Contractual Remedies Act 1979; and .
2: Section 89(1)(b)
iii: in the case of proceedings under the Consumer Guarantees Act 1993, section 39 or 47 of that Act; or
iv: in the case of proceedings under the Contractual Remedies Act 1979, section 9 of that Act.
17: Limits on jurisdiction of Disputes Tribunals
Section 90(1)(b) $50,000 $100,000
18: New heading and section 94 substituted
The heading above section 94 Notice of decisions
94: Decisions to be publicly available
1: Every decision of the Disputes Tribunal on an application or claim must be made publicly available as soon as practicable after the last date on which any appeal against the decision may be lodged.
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.
19: Failure to take reasonable steps to ensure compliance with section 14(2) an offence
1: The heading to section 102 to take reasonable steps to ensure compliance by car market operator to comply
2: Section 102
1: A car market operator commits an offence if the car market operator, contrary to section 14(2)
20: New heading and section 107 substituted
The heading above section 107 Offences relating to registration and notification to Registrar
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, or 40A
b: gives a false certificate in an application under section 39 for renewal of registration, knowing it to be false; or
c: for the purpose of applying for registration or renewal of registration, or of notifying the Registrar of changes under section 40 or 40A
2: The penalty on conviction for an offence against this section is set out in section 118.
21: New section 108A inserted
The following section is inserted after section 108
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.
22: Penalties for infringement offences
1: Section 116(2)(a) consumer motor vehicle trader
2: Section 116(2)
fa: section 108A .
23: Penalties for other offences
Section 118(2)
f: section 107
24: Schedule 1 amended
1: Clause 7(1) join the person as a party and he or she may
2: Clause 7(2) is amended by inserting the following paragraph before paragraph (a):
aa: a statement that the person is joined as a party to the proceedings, and a statement that costs may be awarded against the person, as a party, if he or she fails to attend the hearing: .
3: Clause 7
4: A person who is joined as a party under this clause is not to be treated as a party for the purposes of section 90(1)(a).
4: Clause 14(1)
b: any party, after receiving notice of a hearing, fails to attend the hearing without good cause.
5: Clause 14(2)(a) all, or any part of, to the Crown
6: Clause 14(2)(b) all, or any part of, to another party
7: Clause 15(1) Either Any
2: Consequential amendments
25: Consequential amendments to regulations
The Consumer Information Standards (Used Motor Vehicles) Regulations 2008 Schedule 2010-10-01 Consumer Information Standards (Used Motor Vehicles) Regulations 2008