Motor Vehicle Sales Act 2003

Subpart 2—Interpretation

General

6 Interpretation

(1)

In this Act, unless the context otherwise requires,—

actual distance, in relation to a motor vehicle’s odometer, means the distance that would otherwise have been recorded on an odometer had it not been tampered with

address for service means the address of a place in New Zealand at which notices or documents that are required to be served under this Act may be served on the person giving the address

adjudicator means an adjudicator of a Disputes Tribunal appointed under section 83

auction has the meaning given to it in section 4 of the Auctioneers Act 2013

banned person means a person banned from participating in the business of motor vehicle trading under section 68 or section 69

Board means the Motor Vehicle Dealers Licensing Board constituted under section 6A of the former Act

branch manager has the meaning given to it by section 2(1) of the former Act

car auctioneer means a person who conducts sales by auction of motor vehicles

car consultant means a person who, for rent, fee, commission, or other valuable consideration, is engaged by any other person (except by a motor vehicle trader) to act as an agent for that other person on any matter that—

(a)

relates to the sale or purchase of any motor vehicle by that other person; and

(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 has the meaning given to it by section 2(1) of the Companies Act 1993

crime involving dishonesty has the meaning given to it by section 2(1) of the Crimes Act 1961

Customs means the New Zealand Customs Service

Customs information

(a)

means information about any person whom the Comptroller of Customs believes has imported more than 3 motor vehicles during a specified period; and

(b)

may include,—

(i)

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 has the meaning set out in section 126 of the Companies Act 1993

Disputes Tribunal means a Motor Vehicle Disputes Tribunal established under section 82(1)

existing licence application means an application for a motor vehicle dealer’s licence, or an application for the renewal of a motor vehicle dealer’s licence, under the former Act that—

(a)

had been received by the Board before the date of commencement of this Act; and

(b)

had not been granted, refused, or withdrawn before that date

finance company includes any person who carries on a business (except the business of motor vehicle trading) and who, in the course of that person’s ordinary business,—

(a)

buys, exchanges, or takes by way of assignment any motor vehicle for any of the following purposes:

(i)

letting or hiring it to any other person under a hire purchase agreement:

(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) of the Personal Property Securities Act 1999)

former Act means the Motor Vehicle Dealers Act 1975

full name, in relation to an individual, includes any aliases of that individual

Fund means the Motor Vehicle Dealers Fidelity Guarantee Fund established under section 30 of the former Act

hire purchase agreement has the meaning given to it by section YA 1 of the Income Tax Act 2007

importer means a person who carries on the business of importing motor vehicles into New Zealand

infringement offence means an offence against any of the provisions listed in section 116(2)

Institute means the Motor Vehicle Dealers Institute Incorporated referred to in the former Act

licensed car wrecker means a person who is a licensed secondhand dealer (under the Secondhand Dealers and Pawnbrokers Act 2004) who buys, in the course of that person’s business as a secondhand dealer, any motor vehicle for wrecking or dismantling by that person

licensee has the corresponding meaning to the definition of licence set out in section 2(1) of the former Act

licensee company has the meaning given to it by section 2(1) of the former Act

manufacturer means a person who carries on the business of manufacturing or assembling motor vehicles

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Ministry means the Ministry that has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act

mobility device has the same meaning as in section 2(1) of the Land Transport Act 1998

moped has the same meaning as in section 233(1) of the Land Transport Act 1998

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 New Zealand Transport Agency to be a motor cycle; but

(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; but

(b)

does not include any of the following:

(i)
[Repealed]

(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:

(vii)

a vehicle that the Director has declared is not a motor vehicle under section 168A of the Land Transport Act 1998:

(viii)

a mobility device

motor vehicle trader has the meaning given to it by section 7

motor vehicle trading means the sale of motor vehicles by a person (whether or not the person is a principal or agent)

new motor vehicle means a motor vehicle that is not a used motor vehicle

partnership has the meaning set out in section 4 of the Partnership Act 1908; and partner has a corresponding meaning

possession, in relation to a motor vehicle, includes custody and control of the motor vehicle

register means the register of motor vehicle traders established and maintained under section 52

Registrar means the officer appointed under section 60 who is responsible for the register

sale, in relation to any motor vehicle,—

(a)

means the sale or lease or exchange or any other 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 means any of the following offences:

(a)

an offence against—

(i)
(b)

an offence against this Act:

(c)

an offence punishable by a term of imprisonment

specified period means any period of 12 consecutive months that commences after the commencement of this Act

statutory declaration means a declaration made before a person authorised under the Oaths and Declarations Act 1957 to take declarations

tamper, in relation to an odometer, means—

(a)

to alter, or cause to be altered, the reading on the 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

transitional period means a period that expires at—

(a)

the end of 3 months after the date of commencement of this Act; or

(b)

a later date fixed by Order in Council

used motor vehicle

(a)

means a motor vehicle that has, at any time before being offered or displayed for sale,—

(i)

been registered under—

(A)
(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 vehicle that has been used for the purpose of demonstration in connection with the sale of another motor vehicle

vehicle means a machine that is equipped with wheels or revolving runners upon which it moves or is moved

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 means a person who carries on the business of—

(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 means any day other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(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.

Section 6(1) auction: inserted, on 18 December 2013, by section 28(3) of the Auctioneers Act 2013 (2013 No 148).

Section 6(1) hire purchase agreement: amended, on 1 April 2008 (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

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

Section 6(1) licensed car wrecker: inserted, on 1 October 2010, by section 4 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

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

Section 6(1) moped: substituted, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

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

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

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

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

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

Section 6(1) sales by auction: repealed, on 18 December 2013, by section 28(3) of the Auctioneers Act 2013 (2013 No 148).

Section 6(1) specified offence paragraph (a)(iii): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

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

Section 6(1) used motor vehicle paragraph (a)(i)(B): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

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

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

Section 6(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).