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) of the Land Transport Act 1998), or any other person, that sells any motor vehicle as an incidental part of the person’s ordinary business; or

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

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

Section 9(2): amended, on 1 October 2010, by section 6(3) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).