Motor Vehicle Dealers Amendment Act 1986
Motor Vehicle Dealers Amendment Act 1986
Motor Vehicle Dealers Amendment Act 1986
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Motor Vehicle Dealers Amendment Act 1986
Public Act |
1986 No 103 |
|
Date of assent |
6 November 1986 |
|
Contents
An Act to amend the Motor Vehicle Dealers Act 1975
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Motor Vehicle Dealers Amendment Act 1986, and shall be read together with and deemed part of the Motor Vehicle Dealers Act 1975 (hereinafter referred to as the principal Act).
2 Interpretation
Section 2(1) of the principal Act is hereby amended by omitting from paragraph (b) of the definition of the term “reportable offence”
the words “and any crime involving dishonesty”
, and substituting the words “, and any crime involving dishonesty, and any offence against the Misuse of Drugs Act 1975,”
.
3 Chairman may exercise Board’s jurisdiction in respect of certain matters
(1)
Section 6i of the principal Act (as inserted by section 4 of the Motor Vehicle Dealers Amendment Act 1979) is hereby amended by inserting in subsection (1), after paragraph (d), the following paragraph:
“(da)
An application, pursuant to section 21(2) of this Act, for approval of any person as a branch manager, if the application is not opposed by the Institute:”.
(2)
Section 6i of the principal Act (as so inserted) is hereby further amended by inserting in subsection (1), after paragraph (e), the following paragraph:
“(ea)
An application, pursuant to section 57(6) of this Act, for approval of any person (other than the chief executive officer) to personally supervise, manage, and control a licensee company’s business as a motor vehicle dealer at its principal place of business and at each subsidiary place of business named in the licence relating to the principal place of business, if the application is not opposed by the Institute:”.
(3)
Section 6i of the principal Act (as so inserted) is hereby further amended by inserting in subsection (1), after paragraph (f), the following paragraphs:
“(fa)
An application, pursuant to section 81(1) of this Act, for approval of an unregistered salesman, if the application is not opposed by the Institute:
“(fb)
An application, pursuant to section 82(1) of this Act, for authority to employ a prospective salesman (for a period exceeding 2 months) pending the final determination of the application for approval of that person:”.
(4)
Section 6i of the principal Act (as so inserted) is hereby further amended by adding to subsection (1), the following paragraph:
“(h)
The determination, pursuant to section 122 of this Act, of a venue for disciplinary proceedings before the Board.”
4 Grant of application and issue of licence
Section 15(1) of the principal Act (as amended by section 27(6) of the Motor Vehicle Dealers Amendment Act 1979) is hereby amended by omitting the word “Court”
, and substituting the word “Board”
.
5 Persons not to act as officers of licensee company without Board’s consent
(1)
Section 20(6) of the principal Act (as amended by section 12(4) of the Motor Vehicle Dealers Amendment Act 1976) is hereby amended by omitting the words “a District Court Judge”
, and substituting the words “the Registrar”
.
(2)
Section 12(4) of the Motor Vehicle Dealers Amendment Act 1976 is hereby consequentially repealed.
6 Grounds on which licence may be cancelled or licensee suspended
(1)
Section 112(1)(c) of the principal Act is hereby amended by adding the words “or of an offence against the Misuse of Drugs Act 1975”
.
(2)
Section 112(1) of the principal Act is hereby further amended by inserting, after paragraph (d), the following paragraph:
“(da)
That the licensee, or, in the case of a licensee company, any officer of the company, has been guilty of negligence or incompetence in that capacity, and that the negligence or incompetence has been of such a degree or so frequent that it is in the interests of the public that the licence be cancelled or the licensee be suspended:”.
(3)
Section 112(1) of the principal Act is hereby further amended by inserting, after paragraph (g), the following paragraph:
“(ga)
That the licensee’s present material and financial resources are clearly insufficient to enable the licensee to continue to comply with the requirements of this Act, or are such as to give rise to a serious risk of loss to members of the public or to the fund:”.
7 Suspension of licensee pending determination of complaint
(1)
Section 113(1) of the principal Act is hereby amended by inserting, after the words “to the possibility of”
, the words “loss or damage or”
.
(2)
Section 113 of the principal Act is hereby further amended by repealing subsection (2), and substituting the following subsection:
“(2)
Except where the Board intends to act on the ground set out in section 112(1)(ga) of this Act, the Board shall not be obliged to give any notice to the licensee that it intends to make an order of suspension under this section.”
8 Powers of Board in disciplinary proceedings
Section 115 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
In any case to which subsection (1) of this section applies, the Board may, either instead of or in addition to cancelling the licence or suspending the licensee, order the licensee to pay to the Board in respect of any charge against the licensee such sum by way of penalty, not exceeding $5,000, as the Board thinks fit.”
9 Authority may cancel salesman’s registration or suspend registered salesman
Section 116 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
In any case to which subsection (1) of this section applies, the Authority may, either instead of or in addition to cancelling the registration of or suspending the salesman, order the salesman to pay to the Authority in respect of any charge against the salesman such sum by way of penalty, not exceeding $1,000, as the Authority thinks fit.”
10 Board may cancel certificate of approval or suspend salesman
Section 117 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
In any case to which subsection (1) of this section applies, the Board may, either instead of or in addition to cancelling the certificate of approval or suspending the salesman, order the salesman to pay to the Board in respect of any charge against the salesman such sum by way of penalty, not exceeding $1,000, as the Board thinks fit.”
11 Venue of disciplinary proceedings
The principal Act is hereby amended by repealing section 122, and substituting the following section:
“122
The hearing of any complaint by the Board or the Authority or the Disciplinary Committee under this Part of this Act shall be held at such place as the Board, Authority, or Disciplinary Committee shall determine after giving the licensee or officer of the licensee company concerned a reasonable opportunity to make submissions on the matter.”
12 Appeals to High Court
(1)
Section 130(2)(a) of the principal Act is hereby amended by inserting, after the words “suspends a licensee”
, the words “or orders a licensee to pay any sum by way of penalty”
.
(2)
Section 130(2)(b) of the principal Act is hereby amended by inserting, after the words “suspends a salesman”
, the words “or orders a salesman to pay any sum by way of penalty”
.
(3)
Section 130(3)(b) of the principal Act is hereby amended by inserting, after the words “or suspends a salesman”
, the words “or orders a salesman to pay any sum by way of penalty”
.
(4)
Section 130 of the principal Act is hereby further amended by inserting, after subsection (6), the following subsection:
“(6a)
Without limiting anything in subsection (6) of this section, on hearing an appeal against an order made by the Board under section 115 or section 117 of this Act or by the Authority under section 116 of this Act, the Court may set aside the order and instead make any other order that the Board or Authority could have made in the case.”
This Act is administered in the Department of Justice.
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Versions
Motor Vehicle Dealers Amendment Act 1986
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