Secondhand Dealers and Pawnbrokers Act 2004

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Secondhand Dealers and Pawnbrokers Act 2004

Public Act
 
2004 No 70
Date of assent
 
6 July 2004
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 Justice.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Act binds the Crown
6Secondhand dealers engaged in business to be licensed
7Pawnbrokers to be licensed
8Application for licence
9Issue of licence: individual applicant
10Issue of licence: company applicant
11Refusal to issue licence
12Certified copies of licence
13Effect of licence
14Individual licence holder regarded as holding certificate
15Expiry and renewal of licences
16Cancellation of licences
17Updating licence information
18Licences not transferable, except to temporary licence holder
19Who must hold certificate
20Offences relating to failure to hold certificate
21Application for certificate
22Disqualification from holding certificate
23Waiver of disqualification
24Checks on applicants
25Police objection
26What happens if Police object to applicant
27Hearing into Police objection
28Eligibility for, and issue of, certificate
29Complaints by Police about certificate holders, licence holders, and persons concerned in management of company
30Expiry and renewal of certificates
31Cancellation and suspension of certificates
32Obligation to show certificate
33Updating certificate information
34Appeals against decision of Licensing Authority
35Determination of appeal
36Obligation to show and to display licence
37Employee records
38Police access to employee records
39Obligation to report and hold stolen goods
40Police may issue hold notice
41Obligation to give Police access to goods
42Dealers record
43Verifying identity
44Storage of dealers record
45Police access to dealers record
46Secondhand dealers not to enter into buyback contracts
47Articles to be kept for 14 days
48Articles to be labelled
49Modification of rules where groups of articles acquired as single item
50Offences relating to secondhand dealing
51Pawnbrokers record
52Verifying identity of pledgers
53Storage of pawnbrokers record
54Police access to pawnbrokers record
55Pawnbrokers not to enter into buyback contracts
56Pawnbrokers to enter into contracts only at pawnbroking premises
57Redemption price
58Redemption date
59Pledge tickets
60Pawned goods to be retained until redemption date
61Pawned goods to be labelled
62Right of pledger to redeem and inspect pawned goods
63Right of pawnbroker to sell unredeemed goods after redemption date and retain redemption price
64What happens if sale price is greater than redemption price
65Miscellaneous rules about pawnbroking
66Sale of goods by pledger to pawnbroker
67Offences relating to pawnbroking
68Promoters record
69Internet auction providers record
70Appointment of Licensing Authority
71Deputy Licensing Authorities
72Remuneration, and status under certain Acts
73Immunity
74Functions of Licensing Authority
75Administrative support for Licensing Authority
76Delegations
77Annual report
78Public registers of licence holders and of certificate holders
79Content of licence holders register
80Content of certificate holders register
81Public access to public registers
82Police access to other information held by Licensing Authority
83Charges involving failure to show or make copy of document, or show or make available any thing
84Regulations
85Existing licence deemed to be transitional licence
86Applications not complete by commencement date
87Repeal of Secondhand Dealers Act 1963 and Pawnbrokers Act 1908
88Repeal of regulations
89Consequential amendments
Reprint notes