Consumer Information Standards (Used Motor Vehicles) Regulations 2008

Reprint
as at 1 August 2012

Coat of Arms of New Zealand

Consumer Information Standards (Used Motor Vehicles) Regulations 2008

(SR 2008/112)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 28th day of April 2008 

Present:
His Excellency the Governor-General in Council

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.

These regulations are administered by the Ministry of Economic Development.

Pursuant to section 27(1) of the Fair Trading Act 1986, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Consumer Affairs, makes the following regulations.

Regulations

1 Title

  • These regulations are the Consumer Information Standards (Used Motor Vehicles) Regulations 2008.

2 Commencement

  • These regulations come into force on 1 July 2008.

3 Interpretation

  • (1) In these regulations, unless the context otherwise requires,—

    car market operator—

    • (a) means a person—

      • (i) who carries on the business of providing any premises or place for a market for the sale by other persons of used motor vehicles (whether or not the vehicles are subject to a bailment to the operator); or

      • (ii) who operates any facility (for example, an Internet web page) for the primary purpose of facilitating the sale of used motor vehicles (which sale is completed through, or by means of, that facility); and

    • (b) includes a person who is commonly referred to in the motor vehicle trading industry as a car fair operator or a display for sale operator

    consumer information notice means a notice that—

    • (a) discloses information about a used motor vehicle; and

    motor vehicle has the meaning set out in section 6 of the Act

    motor vehicle trader has the meaning set out in section 7 of the Act

    sale has the meaning set out in section 6 of the Act

    used motor vehicle—

    • (b) includes a motor vehicle that has been used for the purpose of demonstration in connection with the sale of another motor vehicle.

    (2) Any term or expression that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

    Regulation 3(1) supplier: revoked, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

    Regulation 3(1) used motor vehicle paragraph (a)(i)(BA): inserted, on 1 May 2011, by section 35(5) of the Land Transport Amendment Act 2009 (2009 No 17).

4 Goods to which these regulations apply

  • (1) These regulations apply to a used motor vehicle that is offered or displayed for sale by a motor vehicle trader, whether or not the motor vehicle trader is acting—

    • (a) as an agent for another person; or

    • (b) through a car market operator.

    (2) Despite subclause (1), these regulations do not apply to a used motor vehicle that is offered or displayed for sale by a motor vehicle trader if it is offered or displayed for sale exclusively to other motor vehicle traders registered under the Act or to licensed car wreckers.

    Regulation 4(1): substituted, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

    Regulation 4(2): amended, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

5 Consumer information standard for used motor vehicles

  • The requirements set out in regulations 6 to 8 and in the schedules are, for the purposes of section 27(1) of the Fair Trading Act 1986, a consumer information standard for a used motor vehicle to which these regulations apply.

6 Consumer information notice to be displayed on, or in relation to, used motor vehicles

  • (1) A used motor vehicle to which these regulations apply must have a consumer information notice that relates to that motor vehicle firmly attached to the motor vehicle in a prominent position that makes it clearly visible from the exterior of the motor vehicle.

    (2) If a used motor vehicle to which these regulations apply is offered or displayed for sale on the Internet and a contract for sale in relation to that motor vehicle may be entered into on the Internet, then a consumer information notice, or access to a consumer information notice (for example, through a hypertext link), relating to that motor vehicle must be clearly and prominently displayed on the same Internet page as—

    • (a) the offer or display for sale of that motor vehicle; and

    • (b) the contract for sale that may be entered into in relation to that motor vehicle.

    (3) A consumer information notice must be attached to, or displayed in relation to, a used motor vehicle to which it relates from the time the motor vehicle is first offered or displayed for sale until the time it is sold.

    (4) The consumer information notice must be attached to, or displayed in relation to, the used motor vehicle to which it relates by the motor vehicle trader, whether or not the motor vehicle trader is acting—

    • (a) as an agent for another person; or

    • (b) through a car market operator.

    Regulation 6(4): substituted, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

7 Requirements of consumer information notice

  • (1) Subject to subclause (5), every consumer information notice attached to, or displayed in relation to, a used motor vehicle in accordance with regulation 6 must—

    • (b) be printed—

      • (i) in a font size that is easily readable by a person at a reasonable distance from the consumer information notice; and

      • (ii) on white paper or card, or similar material, that is at least 21 cm in width and 29.5 cm in length; and

    • (c) be completed by having the information required by Schedule 2 clearly and legibly typed or written upon it.

    (2) The information typed or written upon a consumer information notice in accordance with subclause (1)(c) must be updated to reflect any change in that information as soon as practicable after that change occurs.

    (3) Any name, logo, mark, design, or other information relating to the motor vehicle trader, or a trade association to which the motor vehicle trader belongs, may be displayed along the top margin of a consumer information notice in a manner that does not detract from the contents of the consumer information notice.

    (4) Subclause (1) overrides subclause (3).

    (5) A consumer information notice that is displayed in relation to a used motor vehicle in accordance with regulation 6(2)—

    • (a) must be in a font size that is easily readable; and

    • (b) does not have to comply with subclause (1)(b).

    Regulation 7(3): amended, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

8 Written acknowledgment that buyer has received copy of consumer information notice must be obtained

  • (1) This regulation applies to a motor vehicle trader who is a party to, or acts as an agent for a party to, a contract for the sale of a used motor vehicle to which these regulations apply.

    (2) A motor vehicle trader to whom this regulation applies must—

    • (a) obtain a written acknowledgment from the buyer of the used motor vehicle that the buyer has received a copy of the consumer information notice that relates to that vehicle,—

      • (i) in the case of a car auctioneer, as soon as practicable after the sale of the vehicle; or

      • (ii) in any other case, immediately before the sale of the vehicle; and

    • (b) keep a copy of that consumer information notice and acknowledgment for a period of not less than 6 years after the date of the acknowledgment; and

    • (c) make a copy of that consumer information notice and acknowledgment available for inspection at all reasonable times by the Registrar, or any person authorised by the Registrar, who asks to see it in accordance with section 125 of the Act.

    (3) The requirements of subclause (2) are satisfied if the motor vehicle trader complies with section 16 of the Act.

9 Consequential revocation
10 Consumer information notices that refer to supplier

  • For a period of 2 years from the date of commencement of the Motor Vehicle Sales Amendment Act 2010, a consumer information notice is not to be treated as breaching these regulations solely on the ground that it refers to a “supplier” rather than to a “trader”.

    Regulation 10: added, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Schedule 1
Form of consumer information notice

r 7(1)(a)

.
.

  • Schedule 1: amended, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Schedule 2
Information required to be typed or written upon consumer information notice

r 7(1)(c)

A consumer information notice attached to, or displayed in relation to, a used motor vehicle to which these regulations apply must have information that complies with the following requirements clearly and legibly typed or written upon it.

Motor vehicle trader information
Motor vehicle trader's name, address, and contact information

The motor vehicle trader must state the motor vehicle trader's name, address, and any other contact information the motor vehicle trader may voluntarily choose to provide (for example, the motor vehicle trader's telephone number or email address).

Motor vehicle trader registration number

The motor vehicle trader must state the registration number or other unique identifier given to the motor vehicle trader upon registration.

Sale information
Cash price

The motor vehicle trader must state the total cash price of the motor vehicle (including goods and services tax and any additional registration and licensing costs required in order to allow the motor vehicle to be used on the road), unless the motor vehicle is displayed for sale by auction or competitive tender.

If the motor vehicle is displayed for sale by auction, the motor vehicle trader must write the following statement on the consumer information notice in place of the cash price:

“For sale by auction”.

If the motor vehicle is displayed for sale by competitive tender, the motor vehicle trader must write the following statement on the consumer information notice in place of the cash price:

“For sale by competitive tender”.

Security interest

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not there is a security interest over the motor vehicle recorded on the personal property securities register (PPSR) established under the Personal Property Securities Act 1999.

The motor vehicle trader's indication must be consistent with the information recorded about the motor vehicle on the PPSR.

Make and model

The motor vehicle trader must state the make and model of the motor vehicle as recorded on the motor vehicle register maintained under Part 17 of the Land Transport Act 1998 (the motor vehicle register).

Vehicle year

The motor vehicle trader must state the vehicle year of the motor vehicle as recorded on the motor vehicle register. For motor vehicles registered before 1 January 2007, vehicle year means the calendar year in which the motor vehicle was manufactured, or the model year of the motor vehicle as designated by the manufacturer, or the year in which the motor vehicle was first registered anywhere in the world. For motor vehicles registered after 1 January 2007, vehicle year means the year in which the motor vehicle was first registered anywhere in the world.

Engine capacity

The motor vehicle trader must state the engine capacity of the motor vehicle as recorded on the motor vehicle register.

Actual distance vehicle has travelled

The motor vehicle trader must write either the reading on the motor vehicle's odometer or, if the motor vehicle trader has reason to believe that that reading may not be accurate, one of the following statements on the consumer information notice:

  • “I [name of motor vehicle trader] cannot accurately determine the actual distance this motor vehicle has travelled because the odometer reading may be inaccurate”; or

  • “This motor vehicle's odometer reading is inaccurate”.

Radio receiver capability

The motor vehicle trader must indicate, by ticking the appropriate box, whether the motor vehicle has a radio receiver capable of receiving broadcasts in the range of 88 to 108 MHz without the use of a band expander.

Vehicle identification number or chassis number

If the vehicle identification number of the motor vehicle is recorded on the motor vehicle register, then the motor vehicle trader must state the vehicle identification number as recorded on the motor vehicle register.

If this information is not recorded on the motor vehicle register but the chassis number of the motor vehicle is recorded on the motor vehicle register, then the motor vehicle trader must state the chassis number as recorded on the motor vehicle register.

Warrant or certificate of fitness

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not the motor vehicle has a current warrant or certificate of fitness (under Land Transport Rule 35001/1: Vehicle Standards Compliance 2002).

Warrant or certificate of fitness expiry date

If the motor vehicle has a current warrant or certificate of fitness, the motor vehicle trader must state the expiry date of the warrant or certificate of fitness.

Vehicle licence expiry date

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not the motor vehicle has a current vehicle licence.

The motor vehicle trader must state the vehicle licence expiry date as recorded on the most recent licence (whether current or expired) issued under Part 17 of the Land Transport Act 1998.

If the vehicle has never been issued with a licence, the motor vehicle trader must leave the entry blank.

Registered vehicle

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not the motor vehicle is currently registered as required by Part 17 of the Land Transport Act 1998.

Registration plate number

The motor vehicle trader must state the number or distinguishing mark on the registration plate of the motor vehicle as recorded on the motor vehicle register.

If the motor vehicle is not registered, the motor vehicle trader must state “not registered”.

Year first registered in New Zealand

The motor vehicle trader must state the year that the motor vehicle was first registered in New Zealand as recorded on the motor vehicle register.

Re-registered vehicle

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not the motor vehicle has been previously registered and then re-registered as recorded on the motor vehicle register.

Operating fuel type

The motor vehicle trader must state the operating fuel type of the motor vehicle as recorded on the motor vehicle register.

Road user charges apply

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not the motor vehicle is subject to road user charges under the Road User Charges Act 2012.

Outstanding road user charges

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not there are any outstanding road user charges in relation to the motor vehicle.

Information about used imported vehicles

Motor vehicle traders of used imported motor vehicles must also state the following information:

Year first registered overseas

The motor vehicle trader must state the year the motor vehicle was first registered overseas as recorded on the motor vehicle register.

Country where last registered

The motor vehicle trader must state the country where the motor vehicle was last registered prior to it being imported into New Zealand as recorded on the motor vehicle register.

Imported as damaged vehicle

The motor vehicle trader must indicate, by ticking the appropriate box, whether or not the motor vehicle is recorded on the motor vehicle register as being damaged at the time of importation.

Signing and dating consumer information notice

If a motor vehicle trader is a party to, or acts as an agent for a party to, a contract for the sale of the motor vehicle, the consumer information notice must contain a space for that motor vehicle trader to sign and date the consumer information notice beneath the following words:

“I [name of trader] have supplied to the buyer a copy or electronic version of this notice, including a copy of the information on the back of this notice.”

The consumer information notice must contain a space for a buyer of a motor vehicle to sign and date the consumer information notice beneath the following words:

“I [name of buyer] have received a copy or electronic version of this notice, including a copy of the information on the back of this notice.”

Both the motor vehicle trader and a buyer of a motor vehicle must sign and date the consumer information notice in order to provide written acknowledgement that the buyer has received a copy of the consumer information notice from the motor vehicle trader. If the consumer information notice is displayed in relation to a motor vehicle in accordance with regulation 6(2), a form of written acknowledgement other than a signature may be used.

  • Schedule 2: amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

  • Schedule 2: amended, on 1 May 2011, by section 35(5) of the Land Transport Amendment Act 2009 (2009 No 17).

  • Schedule 2: amended, on 1 October 2010, by section 25 of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).

Rebecca Kitteridge,
for Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 May 2008.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Consumer Information Standards (Used Motor Vehicles) Regulations 2008. The reprint incorporates all the amendments to the regulations as at 1 August 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Road User Charges Act 2012 (2012 No 1): section 94

    Motor Vehicle Sales Amendment Act 2010 (2010 No 112): section 25

    Land Transport Amendment Act 2009 (2009 No 17): section 35(5)