Registrar of Motor Vehicle Traders v Edgar [2020] NZDC 2950 (11 February 2020)

Last Updated: 19 June 2020

IN THE DISTRICT COURT AT TAUMARUNUI I TE KŌTI-Ā-ROHE KI TAUMARUNUI

CRI-2019-068-000144

[2020] NZDC 2950

REGISTRAR OF MOTOR VEHICLE TRADERS

Prosecutor v

KARLA TESSA MARIA EDGAR Defendant

Hearing:	11 February 2020
Appearances:	A Pell for the Prosecutor G Boot for the Defendant
Judgment:	11 February 2020

NOTES OF JUDGE L C ROWE ON SENTENCING

[1] Karla Edgar, you have pleaded guilty to carrying on the business of motor vehicle trading without being registered to do so, an offence under the Motor Vehicle Sales Act 2003.

[2] Between October 2017 and October 2018, the registrar determined that you had sold 10 motor vehicles. They began an investigation, and after further inquiry discovered you had sold a further two motor vehicles, between September and October 2018. So, in the calendar year between October 2017 and October 2018, you sold 12 motor vehicles.

NEW ZEALAND POLICE v KARLA TESSA MARIA EDGAR [2020] NZDC 2950 [11 February 2020]

[3] The summary also says you sold a further two vehicles after that period. The reason the sales of the further vehicles, towards the end of that period and after that period are important, is that you were sent letters by the registrar in July and August, advising that records had established you were selling vehicles without being registered to do so, yet those activities continued.

[4] Your explanation is that you allowed your partner to sell vehicles using your name. The full circumstances of why you allowed your partner to do this are not well explained. I do not understand what the pressures were for you to let your partner do this. It does appear to me that you were being used Ms Edgar, and your partner has put you in a position where you are the person at present carrying the liability for his breaches of the law.

[5] The registrar will no doubt conduct further inquiries as to whether culpability can be established against him. The point is made by the registrar, however, that even though inquiries seem to suggest you were not the primary offender, you nevertheless allowed someone else to trade in motor vehicles unlawfully which undermines the consumer protection purpose of the legislation, and the reason we have registered motor vehicle dealers.

[6] Your culpability has been analysed on behalf of the registrar with submissions suggesting that the usual starting point fine of between $10,000 and $12,000 fine, for trading 12 vehicles should, in your circumstances be reduced to about $8000 as a starting point. I agree with that submission.

[7] Apart from anything else, there needs to be a very clear message to everybody that trading in motor vehicles requires registration to protect consumers and ensure we reduce the number of unsafe motor vehicles on our roads.

[8] There are some strong mitigating factors for you. One is that you have been co-operative and upfront about what was going on. Whether that translates into tangible assistance down the track is a matter that remains to be seen. You also have no relevant convictions. I get a strong impression that you were being used, although

I do not know all of the reasons or dynamics behind that. You have pleaded guilty at an early stage.

[9] Those mitigating factors might reduce the fine from $8000 down to about

$5000. At this point, I have regard to your personal circumstances. You are a solo mother, you have a part-time job that supplements your income but not to a significant extent. I accept the most you could afford to pay for a fine is about $20 a week. A fine of $5000 would therefore be an unreasonable burden, in all of the circumstances.

[10] I consider the fine should be no more than $3000. Even then, it will take you at least three years to pay that off at $20 per week. The fine should not be less than

$3000 however, to make it very clear to you Ms Edgar, that you need to stand up to this man and tell him to go and use his own name. You might also like to ask him to pay your fine for you, that would seem to be appropriate, although I doubt he will come to your assistance.

[11] You are convicted. You are fined $3000, that reduced fine takes into account your financial circumstances. You are also ordered to pay solicitor’s costs of $500. Total fine and cost, $3500. Now, please stand up to this man Ms Edgar, tell him to use his own name.

Judge L C Rowe

District Court Judge

Date of authentication: 03/04/2020

In an electronic form, authenticated pursuant to Rule 2.2(2)(b) Criminal Procedure Rules 2012.