Hidden Treasures NZ Ltd v Magnum Motors 1996 Ltd - Reference No. MVD 322/2022 [2022] NZMVDT 190 (9 September 2022)

Last Updated: 28 October 2022

IN THE MOTOR VEHICLE DISPUTES TRIBUNAL I TE RŌPŪ TAKE TAUTOHENGA Ā-WAKA MVD 322/2022 [2022] NZMVDT 190 BETWEEN HIDDEN TREASURES NZ LTD Purchaser AND MAGNUM MOTORS 1996 LTD Trader

MEMBERS OF TRIBUNAL

B R Carter, Barrister – Adjudicator

DATE OF ORDER 9 September 2022

ORDER

The Motor Vehicle Disputes Tribunal does not have jurisdiction to hear this claim and the claim is transferred to the Disputes Tribunal at Auckland.

REASONS

[1] Hidden Treasures NZ Ltd agreed to purchase a 2007 Mazda Titan Tipper 3T truck from Magnum Motors 1996 Ltd in August 2022 and paid a $5,000 deposit. Hidden Treasures then decided not to purchase the vehicle and Magnum Motors has refunded $3,500 of the deposit. Hidden Treasures has applied to the Tribunal seeking to recover the balance of the deposit and the cost of bringing these proceedings.
[2] The Tribunal only has jurisdiction to hear and determine claims involving a “motor vehicle” as that term is defined in the Motor Vehicle Sales Act 2003.[1] Relevantly, the definition of "motor vehicle" in s 6 of the Motor Vehicle Sales Act excludes "a vehicle of any other class or description declared by the Governor-General, by Order in Council, not to be a motor vehicle for the purposes of this Act".
[3] Because of its gross vehicle mass (GVM), this vehicle is of a class that has been declared by the Governor-General to not be a motor vehicle for the purposes of the Motor Vehicle Sales Act. The Motor Vehicle Dealers (Exclusion of Heavy Vehicles) Order 1988 states that heavy motor vehicles having a manufacturer’s GVM of more than 3,500 kg are not motor vehicles for this Tribunal’s purposes. This vehicle’s GVM is 3,885 kg.
[4] The Motor Vehicle Disputes Tribunal therefore has no jurisdiction to hear this claim, and exercising my power under s 93(1) of the Motor Vehicle Sales Act, I order that this claim is to be transferred to the Disputes Tribunal at Auckland, which does have jurisdiction to consider claims involving heavy motor vehicles.

DATED at AUCKLAND this 9th day of September 2022

B.R. Carter
Adjudicator

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[1] Motor Vehicle Sales Act 2003, s 89(1)(a).