Motor Vehicle Sales Act 2003

Reprint as at 1 September 2017

Coat of Arms of New Zealand

Motor Vehicle Sales Act 2003

Public Act
 
2003 No 12
Date of assent
 
9 April 2003
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purpose
4Overview
5Act binds the Crown
6Interpretation
7Meaning of motor vehicle trader
8Who is treated as motor vehicle trader
9Who is not treated as motor vehicle trader
10Motor vehicle traders must be registered
11Persons banned from participating in business of motor vehicle trading
12Banned persons not to be employed or engaged in business of motor vehicle trading
13Tampering with odometers prohibited
14Particulars about used motor vehicle must be displayed
15Particulars (including statement about buyer taking motor vehicle free of security interests) that must be contained in notice attached to used motor vehicle
16Written acknowledgment that buyer has received copy of notice must be obtained
17Requirements of section 16 may form part of contract for sale
18No contracting out of requirements of section 16
19Duty of motor vehicle trader with respect to money received from sales on consignment of used motor vehicles
20Motor vehicle trader must provide account
21Motor vehicle trader must keep record of contracts for sale
22Duty to produce certificate of registration on demand
23Who may register
24Persons disqualified from registration: individuals
25Persons disqualified from registration: companies
26Crown exempt from requirement to register
27Power to exempt persons from requirement to register by Order in Council
28Exemption may be recommended by Minister on application from any person
29Matters Minister must take into account in recommending exemption
30Process for making recommendation for exemption
31Application: general
32Content of application
33Registrar may accept or refuse application for registration
34Acceptance of application
35Refusal of application
36Registration
37Duration of registration
38Registration may not be transferred
39Renewal of registration
40Obligation to notify Registrar of change in circumstances
40AObligation to notify Registrar if new person concerned in management of company
41Removal from register
42When Registrar must cancel registration
43Process for cancellation
44Effective date of cancellation
45Name must be entered immediately on list of banned persons in certain cases
46Voluntary surrender
47Mandatory surrender
48Registrar must record surrender on register
49Effective date of surrender
50Expiry of registration
51Effective date of expiry
52Register of motor vehicle traders
53Purpose of register
54Contents of register
55Alterations to register
56Search of register
57Search criteria
58Search purposes
59When search constitutes interference with privacy of individual
60Appointment of Registrar of Motor Vehicle Traders
61Functions of Registrar
62Power of Registrar to delegate
63Certificate of Registrar is sufficient evidence
64Right of appeal
65District Court may make interim order pending determination of appeal
66Duties of Registrar if interim order made
67Determination of appeal
68Persons banned from participating in business of motor vehicle trading
69Power to ban certain persons from participating in business of motor vehicle trading
70Notice of hearing
71District Court may order payment of costs
72Appeals to High Court
73List of banned persons to be kept by Registrar
74Purpose of list
75Contents of list
76Alterations to list
77Procedure for recording names of banned persons on list
78Search of list
79Search criteria
80Search purposes
81When search constitutes interference with privacy of individual
82Motor Vehicle Disputes Tribunals
83Appointment of adjudicators
84Term of office of adjudicators
85Vacation of office
86Remuneration and allowances of adjudicators
87Adjudicator to submit annual report
88Panel of persons who may be appointed as assessors
89Jurisdiction of Disputes Tribunal
90Limits on jurisdiction of Disputes Tribunals
91Disputes Tribunal’s jurisdiction not excluded
92Jurisdictions of other courts not limited
93Transfer of proceedings
94Decisions to be publicly available
95Offence to carry on business of motor vehicle trading or to hold out to be motor vehicle trader unless registered
96Offence for banned person to participate in business of motor vehicle trading
97Offence to contravene conditions imposed on banned person by court
98Offence to employ or engage banned persons
99Offence to tamper with odometers
100Evidence in prosecutions for offence of tampering with odometers
101Failure to display particulars about used motor vehicle offence under Fair Trading Act 1986
102Failure by car market operator to comply with section 14(2) an offence
103Offence to fail to pay money to principal
104Offence to fail to provide account
105Offence to falsify record of contracts for sale
106Duty to produce certificate of registration
107Offence of providing false declarations, etc
108Offence to fail to notify change in circumstances
108AOffence to fail to notify Registrar when new person concerned in management of company
109Offence to obstruct inspection
110Offence to obstruct search
[Repealed]
111Proceedings for offences generally [Repealed]
112Proceedings for infringement offences
113Issue of infringement notices
114Form of infringement notices
115Payment of infringement fees
116Penalty for infringement offences
117Penalties for offences under sections 98, 103, and 104
118Penalties for other offences
119Power of District Court to impose additional penalty in certain cases
120Purpose of disclosure of Customs’ information
121Customs must supply Customs’ information to Registrar
122Purpose of disclosure of information by Ministry of Transport
123Registrar of Motor Vehicles must supply vehicle registration information to Registrar
124Purpose of inspection by Registrar
125Inspection powers
126Conditions of authorisation
127Registrar’s entry to premises restricted
128Disclosure of information from inspection
129Restriction on disclosure of information from inspection
130Issue of warrant
131Powers conferred by warrant [Repealed]
132Form and content of search warrant [Repealed]
133Warrant must be produced [Repealed]
134Other duties of person who executes warrant [Repealed]
135When alternative to list of seized documents may be provided [Repealed]
136Matters that must be stated in list of documents [Repealed]
137Duty to assist [Repealed]
138Power to inspect and take copies of documents, etc, obtained under warrant [Repealed]
139Disposal of things seized [Repealed]
140Court order for disposal of things seized to be suspended on conviction [Repealed]
141Exemption for car auctioneers from registration requirement under Auctioneers Act 2013
142Service of notices
143Regulations may impose levy
144Regulations
145Amendments to other enactments
146Repeal
147No compensation for loss of office
148Existing licence applications must be treated as applications for registration under this Act in certain cases
149What happens if applicant does not meet requirements of section 148(2)
150Registrar’s requirements for processing existing licence applications
151Payment of prescribed application fee under former Act sufficient for purpose of processing existing licence application
152Certain persons to be treated as registered on commencement of Act
153When registration under section 152 ceases
154Continuation of Board
155Board must deliver certain records to Registrar
156Transitional provisions for disciplinary proceedings under former Act
157Obligations of licensees
158Purpose of section 159
159Membership of Institute to continue despite repeal of former Act
160Claims against Fund
161Registrar must cancel registration for non-payment of contribution to Fund
162Winding up of Fund
163Review of operation of Act
Reprint notes