Secondhand Dealers and Pawnbrokers Act 2004

Reprint as at 1 October 2008

Secondhand Dealers and Pawnbrokers Act 2004

Public Act2004 No 70
Date of assent6 July 2004
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.

Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Interpretation

5 Act binds the Crown

Part 2
Licences and certificates

Licences: who must be licensed

6 Secondhand dealers engaged in business to be licensed

7 Pawnbrokers to be licensed

Licences: how to get licensed

8 Application for licence

9 Issue of licence: individual applicant

10 Issue of licence: company applicant

11 Refusal to issue licence

12 Certified copies of licence

13 Effect of licence

14 Individual licence holder regarded as holding certificate

15 Expiry and renewal of licences

16 Cancellation of licences

17 Updating licence information

18 Licences not transferable, except to temporary licence holder

Certificates: who must hold them

19 Who must hold certificate

20 Offences relating to failure to hold certificate

Certificates: how to get them

21 Application for certificate

22 Disqualification from holding certificate

23 Waiver of disqualification

24 Checks on applicants

25 Police objection

26 What happens if Police object to applicant

27 Hearing into Police objection

28 Eligibility for, and issue of, certificate

29 Complaints by Police about certificate holders, licence holders, and persons concerned in management of company

30 Expiry and renewal of certificates

31 Cancellation and suspension of certificates

Obligations of certificate holders

32 Obligation to show certificate

33 Updating certificate information

Appeals

34 Appeals against decision of Licensing Authority

35 Determination of appeal

Part 3
Obligations of licence holders, promoters, and Internet auction providers

Subpart 1—Obligations of all licence holders

Licences and records

36 Obligation to show and to display licence

37 Employee records

38 Police access to employee records

Goods

39 Obligation to report and hold stolen goods

40 Police may issue hold notice

41 Obligation to give Police access to goods

Subpart 2—Obligations of licensed secondhand dealers

Records and verification of identity

42 Dealers record

43 Verifying identity

44 Storage of dealers record

45 Police access to dealers record

Secondhand dealing

46 Secondhand dealers not to enter into buyback contracts

47 Articles to be kept for 14 days

48 Articles to be labelled

49 Modification of rules where groups of articles acquired as single item

50 Offences relating to secondhand dealing

Subpart 3—Obligations of licensed pawnbrokers

Records and verification of identity

51 Pawnbrokers record

52 Verifying identity of pledgers

53 Storage of pawnbrokers record

54 Police access to pawnbrokers record

Pawnbroking

55 Pawnbrokers not to enter into buyback contracts

56 Pawnbrokers to enter into contracts only at pawnbroking premises

57 Redemption price

58 Redemption date

59 Pledge tickets

60 Pawned goods to be retained until redemption date

61 Pawned goods to be labelled

62 Right of pledger to redeem and inspect pawned goods

63 Right of pawnbroker to sell unredeemed goods after redemption date and retain redemption price

64 What happens if sale price is greater than redemption price

65 Miscellaneous rules about pawnbroking

66 Sale of goods by pledger to pawnbroker

67 Offences relating to pawnbroking

Subpart 4—Obligations of promoters and Internet auction providers

Records

68 Promoters record

69 Internet auction providers record

Part 4
Licensing Authority of secondhand dealers and pawnbrokers, and miscellaneous provisions

Licensing Authority and Deputy Licensing Authority

70 Appointment of Licensing Authority

71 Deputy Licensing Authorities

72 Remuneration, and status under certain Acts

73 Immunity

74 Functions of Licensing Authority

75 Administrative support for Licensing Authority

76 Delegations

77 Annual report

Registers

78 Public registers of licence holders and of certificate holders

79 Content of licence holders register

80 Content of certificate holders register

81 Public access to public registers

82 Police access to other information held by Licensing Authority

Defences to certain charges

83 Charges involving failure to show or make copy of document, or show or make available any thing

Regulations

84 Regulations

Transitional provisions

85 Existing licence deemed to be transitional licence

86 Applications not complete by commencement date

Repeals and consequential amendments

87 Repeal of Secondhand Dealers Act 1963 and Pawnbrokers Act 1908

88 Repeal of regulations

89 Consequential amendments

Schedule 1
Articles for purposes of this Act

Schedule 2
Forms of authorised identification

Schedule 3
Enactments repealed or amended

Reprint notes