Motor Vehicle Sales Amendment Regulations 2019

2019/165

Coat of Arms of New Zealand

Motor Vehicle Sales Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 29th day of July 2019

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 144 of the Motor Vehicle Sales Act 2003 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Motor Vehicle Sales Amendment Regulations 2019.

2 Commencement

These regulations come into force on 2 September 2019.

3 Principal regulations

These regulations amend the Motor Vehicle Sales Regulations 2003 (the principal regulations).

4 Regulation 3 replaced (Interpretation)

Replace regulation 3 with:

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Motor Vehicle Sales Act 2003

New Zealand Business Number means the number allocated to an entity under the New Zealand Business Number Act 2016.

5 Cross-heading above regulation 10 amended

In the cross-heading above regulation 10, replace “Searches” with “Contents and searches”.

6 New regulations 9A and 9B inserted

Before regulation 10, insert:

9A Contents of register and list of banned persons

(1)

For the purpose of section 54(h) of the Act, the register must contain a motor vehicle trader’s New Zealand Business Number (if any).

(2)

For the purpose of section 75(h) of the Act, the list of banned persons must contain a banned person’s New Zealand Business Number (if any).

9B Search criteria

(1)

For the purpose of section 57(e) of the Act, the register may be searched by reference to a motor vehicle trader’s New Zealand Business Number (if any).

(2)

For the purpose of section 79(e) of the Act, the list of banned persons may be searched by reference to a banned person’s New Zealand Business Number (if any).

7 Schedule 1 amended

(1)

In Schedule 1, Part 1, after the item relating to any alias used by the applicant, insert:

  • the applicant’s New Zealand Business Number (if any); and

(2)

In Schedule 1, Part 1, after the item relating to the applicant’s mobile phone number, insert:

  • email address; and

(3)

In Schedule 1, replace Part 2 with:

Part 2 Application for registration as motor vehicle trader by company

An application for registration as a motor vehicle trader made by a company must contain—

  • the company’s New Zealand Business Number (if any); and

  • the following information for each person concerned in the management of the company:

    • any alias used by the person; and

    • whether or not the person is a director of the company; and

    • the person’s—

      • postal address; and

      • phone number; and

      • mobile phone number; and

      • email address; and

      • driver licence number and country of issue; and

      • passport number and country of issue.

Rachel Hayward,
for the Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 2 September 2019, amend the Motor Vehicle Sales Regulations 2003 (the principal regulations).

These regulations amend the principal regulations to—

  • require an application for registration as a motor vehicle trader to include a New Zealand Business Number if there is one. In the case of an individual, the application must now also include the applicant’s email address; and

  • omit the requirement for an application for registration as a motor vehicle trader by a company to include a fax number for each person concerned in the management of the company; and

  • require the register of motor vehicle traders and the list of banned persons to include a New Zealand Business Number (if any); and

  • allow the register of motor vehicle traders and the list of banned persons to be searched by reference to a New Zealand Business Number.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 August 2019.

These regulations are administered by the Ministry of Business, Innovation, and Employment.