“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”.

• “(ea) a car market operator; or”.

• “(f) a licensed car wrecker; or”.

“14 Particulars about used motor vehicle must be displayed

• “(1) A motor vehicle trader who offers or displays a used motor vehicle for sale, or causes or permits a used motor vehicle to be offered or displayed for sale, must ensure that a notice containing the particulars set out in section 15(1) is attached to the vehicle in a prominent position.

  “(1A) If a motor vehicle is offered or displayed for sale by a motor vehicle trader through a car market operator's facility (as referred to in paragraph (a)(ii) of the definition of car market operator in section 6(1)), the motor vehicle trader complies with the obligation in subsection (1) if the notice is readily accessible (for instance, by a hyperlink) from—

  • “(a) the place where the motor vehicle is offered or displayed for sale; and

  • “(b) the place through which, or by means of which, the contract for sale may be completed.

  “(2) A car market operator must take reasonable steps to ensure that a motor vehicle trader offering or displaying a used motor vehicle for sale through the car market operator complies with the motor vehicle trader's obligation in subsection (1).

  “(3) Subsections (1) and (2) do not apply if a used motor vehicle is offered or displayed for sale—

  • “(a) by a motor vehicle trader registered under this Act; and

  • “(b) exclusively to other motor vehicle traders registered under this Act, or to licensed car wreckers, or to both.”

• “(3) Subsection (2) does not apply if the sale of the used motor vehicle is to—

  • “(a) a motor vehicle trader registered under this Act; or

  • “(b) a licensed car wrecker.”

• “(1A) The application for renewal must—

  • “(a) set out (with any necessary modifications) all the information specified in section 32(1) and (2)(a); and

  • “(b) be accompanied by the prescribed fee (which is the same as the fee for registration under section 31(2)(b), unless a separate fee is prescribed); and

  • “(c) be accompanied by the levy imposed under section 143 (if any); and

  • “(d) include a certificate that confirms the matters identified in subsection (1B) and is signed by,—

    • “(i) if the application is made by an individual, that person; or

    • “(ii) if the application is made by a company, any person concerned in the management of the company.

• “(1B) The certificate to be included in the application must confirm—

  • “(a) that the applicant or, in the case of an applicant that is a company, every person concerned in the management of the company is not disqualified from registration as a motor vehicle trader in his or her own right; and

  • “(b) that the contents of the application are true and accurate.

• “(1C) The application for renewal may be accompanied by a statutory declaration of the kind referred to in section 40A(3)(b), made by a person concerned in the management of the company, if the person has previously supplied only a certificate under section 40A(4).

• “(2) Sections 33 to 38 apply to an application for renewal of registration as if the application were an application for registration, except that—

  • “(a) an application for renewal is properly completed if it complies with subsections (1A) and (1B) of this section rather than with section 34(2); and

  • “(b) if the Registrar accepts the application, he or she must provide the applicant with written notice of the date on which the renewal of registration takes effect, instead of providing the things listed in section 36(b).”

“Obligation to notify Registrar of changes”.

“40A Obligation to notify Registrar if new person concerned in management of company

• “(1) This section applies if—

  • “(a) a person becomes concerned in the management of a company that is registered under this Act as a motor vehicle trader; and

  • “(b) the person was not concerned in the management of the company at the time the company last applied for registration or renewal of registration under this Act.

  “(2) Within 30 working days of the person becoming concerned in the management of the company, the motor vehicle trader must notify the Registrar that a new person has become concerned in the management of the company.

  “(3) The notification must be in writing and must—

  • “(a) set out the full name, residential address, date of birth, and occupation of the new person; and

  • “(b) include a statutory declaration by the new person that states that he or she is not disqualified from registration as a motor vehicle trader in his or her own right; and

  • “(c) include the prescribed fee (if any) for notification under this section.

  “(4) If the new person ordinarily spends fewer than 300 days each calendar year in New Zealand, the notification need not include the statutory declaration required by subsection (3)(b), but must instead include a certificate signed by the new person stating that he or she is not disqualified from registration as a motor vehicle trader in his or her own right.

  “(5) The option referred to in subsection (4) is not available if there are already 3 people concerned in the management of the company who have taken advantage of that option and have not since supplied a statutory declaration of the kind referred to in subsection (3)(b).”

• “(1B) The Registrar must cancel the registration of a motor vehicle trader that is a company if the Registrar is satisfied that any person concerned in the management of the company is disqualified from registration under this Act.”

• “(vi) making a false statutory declaration, giving a false certificate, or providing false or misleading information, as set out in section 107:

• “(vii) failing to notify the Registrar when a new person becomes concerned in the management of a company, as set out in section 108A:”.

• “(3) Within 28 days of receiving an adjudicator's annual report, the Minister—

  • “(a) must make it available, free of charge, on an Internet site that is publicly accessible at all reasonable times; and

  • “(b) may also make it publicly available in whatever other ways he or she considers appropriate.”

• “(iii) the Consumer Guarantees Act 1993:

• “(iv) the Contractual Remedies Act 1979; and”.

• “(iii) in the case of proceedings under the Consumer Guarantees Act 1993, section 39 or 47 of that Act; or

• “(iv) in the case of proceedings under the Contractual Remedies Act 1979, section 9 of that Act.”

“Notice of decisions

“94 Decisions to be publicly available

• “(1) Every decision of the Disputes Tribunal on an application or claim must be made publicly available as soon as practicable after the last date on which any appeal against the decision may be lodged.

  “(2) The ways in which decisions are made publicly available must include making a copy of the decision available, free of charge, on an Internet site that is publicly accessible at all reasonable times.

  “(3) If a decision is appealed, a statement to the effect that the decision has been appealed must be included with the copy of the decision that is made publicly available.”

• “(1) A car market operator commits an offence if the car market operator, contrary to section 14(2), fails to take reasonable steps to ensure that a motor vehicle trader who sells any used motor vehicle through the car market operator complies with the motor vehicle trader's obligations under section 14(1).”

“Offences relating to registration and notification to Registrar

“107 Offence of providing false declarations, etc

• “(1) A person commits an offence if the person—

  • “(a) makes a false statutory declaration or certificate under any of sections 31, 32, or 40A, knowing it to be false; or

  • “(b) gives a false certificate in an application under section 39 for renewal of registration, knowing it to be false; or

  • “(c) for the purpose of applying for registration or renewal of registration, or of notifying the Registrar of changes under section 40 or 40A, supplies the Registrar with any false or misleading information, knowing it to be false or misleading.

  “(2) The penalty on conviction for an offence against this section is set out in section 118.”

“108A Offence to fail to notify Registrar when new person concerned in management of company

• “(1) A motor vehicle trader that is a company and is registered under this Act commits an offence if the motor vehicle trader fails, without reasonable excuse, to notify the Registrar that a new person has become concerned in the management of the company, as required by section 40A.

  “(2) The penalty on conviction for an offence against this section is set out in section 116.”

• “(fa) section 108A (which relates to failing to notify the Registrar when a new person is concerned in the management of a company):”.

• “(f) section 107 (which relates to making false declarations, etc).”

• “(aa) a statement that the person is joined as a party to the proceedings, and a statement that costs may be awarded against the person, as a party, if he or she fails to attend the hearing:”.

• “(4) A person who is joined as a party under this clause is not to be treated as a party for the purposes of section 90(1)(a).”

• “(b) any party, after receiving notice of a hearing, fails to attend the hearing without good cause.”