New Zealand Acts

MOTOR VEHICLE SALES ACT 2003

- As at 12 April 2022
- Act 12 of 2003

TABLE OF PROVISIONS

   1.      Title

   PART 1 - Preliminary provisions

           SUBPART 1 - General

   2.      Commencement
   3.      Purpose
   4.      Overview
   5.      Act binds the Crown

           SUBPART 2 - Interpretation

   6.      Interpretation
   7.      Meaning of motor vehicle trader
   8.      Who is treated as motor vehicle trader
   9.      Who is not treated as motor vehicle trader

   PART 2 - Motor vehicle trading

           SUBPART 1 - Key provisions

   10.     Motor vehicle traders must be registered
   11.     Persons banned from participating in business of motor vehicle trading
   12.     Banned persons not to be employed or engaged in business of motor vehicle trading
   13.     Tampering with odometers prohibited
   14.     Particulars about used motor vehicle must be displayed
   15.     Particulars (including statement about buyer taking motor vehicle free of security interests) that must be contained in notice attached to used motor vehicle

           SUBPART 2 - Other requirements

   16.     Written acknowledgment that buyer has received copy of notice must be obtained
   17.     Requirements of section 16 may form part of contract for sale
   18.     No contracting out of requirements of section 16
   19.     Duty of motor vehicle trader with respect to money received from sales on consignment of used motor vehicles
   20.     Motor vehicle trader must provide account
   21.     Motor vehicle trader must keep record of contracts for sale
   22.     Duty to produce certificate of registration on demand

           SUBPART 3 - Qualifications of motor vehicle traders

   23.     Who may register
   24.     Persons disqualified from registration: individuals
   25.     Persons disqualified from registration: companies
   26.     Crown exempt from requirement to register
   27.     Power to exempt persons from requirement to register by Order in Council
   28.     Exemption may be recommended by Minister on application from any person
   29.     Matters Minister must take into account in recommending exemption
   30.     Process for making recommendation for exemption

   PART 3 - Registration of motor vehicle traders

           SUBPART 1 - Procedure for registration of motor vehicle traders

   31.     Application: general
   32.     Content of application
   33.     Registrar may accept or refuse application for registration
   34.     Acceptance of application
   35.     Refusal of application
   36.     Registration
   37.     Duration of registration
   38.     Registration may not be transferred
   39.     Renewal of registration
           Note
   40.     Obligation to notify Registrar of change in circumstances
   40A.    Obligation to notify Registrar if new person concerned in management of company

           SUBPART 2 - Removal from register

   41.     Removal from register
   42.     When Registrar must cancel registration
   43.     Process for cancellation
   44.     Effective date of cancellation
   45.     Name must be entered immediately on list of banned persons in certain cases
   46.     Voluntary surrender
   47.     Mandatory surrender
   48.     Registrar must record surrender on register
   49.     Effective date of surrender
   50.     Expiry of registration
   51.     Effective date of expiry

           SUBPART 3 - Miscellaneous provisions

   52.     Register of motor vehicle traders
   53.     Purpose of register
   54.     Contents of register
   55.     Alterations to register
   56.     Search of register
   57.     Search criteria
   58.     Search purposes
   59.     When search constitutes interference with privacy of individual
   60.     Appointment of Registrar of Motor Vehicle Traders
   61.     Functions of Registrar
   62.     Power of Registrar to delegate
   63.     Certificate of Registrar is sufficient evidence
   64.     Right of appeal
   65.     District Court may make interim order pending determination of appeal
   66.     Duties of Registrar if interim order made
   67.     Determination of appeal

   PART 4 - Enforcement

           SUBPART 1 - Banning

   68.     Persons banned from participating in business of motor vehicle trading
   69.     Power to ban certain persons from participating in business of motor vehicle trading
   70.     Notice of hearing
   71.     District Court may order payment of costs
   72.     Appeals to High Court
   73.     List of banned persons to be kept by Registrar
   74.     Purpose of list
   75.     Contents of list
   76.     Alterations to list
   77.     Procedure for recording names of banned persons on list
   78.     Search of list
   79.     Search criteria
   80.     Search purposes
   81.     When search constitutes interference with privacy of individual

           SUBPART 2 - Motor Vehicle Disputes Tribunals

   82.     Motor Vehicle Disputes Tribunals
   83.     Appointment of adjudicators
   84.     Term of office of adjudicators
   85.     Vacation of office
   85A.    Appointment of temporary acting adjudicator
   86.     Remuneration and allowances of adjudicators
   87.     Adjudicator to submit annual report
   88.     Panel of persons who may be appointed as assessors
   89.     Jurisdiction of Disputes Tribunal
   90.     Limits on jurisdiction of Disputes Tribunals
   91.     Disputes Tribunal's jurisdiction not excluded
   92.     Jurisdictions of other courts not limited
   93.     Transfer of proceedings
           Note
   94.     Decisions to be publicly available

           SUBPART 3 - Offences

   95.     Offence to carry on business of motor vehicle trading or to hold out to be motor vehicle trader unless registered
   96.     Offence for banned person to participate in business of motor vehicle trading
   97.     Offence to contravene conditions imposed on banned person by court
   98.     Offence to employ or engage banned persons
   99.     Offence to tamper with odometers
   100.    Evidence in prosecutions for offence of tampering with odometers
   101.    Failure to display particulars about used motor vehicle offence under Fair Trading Act 1986
   102.    Failure by car market operator to comply with section 14(2) an offence
   103.    Offence to fail to pay money to principal
   104.    Offence to fail to provide account
   105.    Offence to falsify record of contracts for sale
   106.    Duty to produce certificate of registration
           Note
   107.    Offence of providing false declarations, etc
   108.    Offence to fail to notify change in circumstances
   108A.   Offence to fail to notify Registrar when new person concerned in management of company
   109.    Offence to obstruct inspection
   110.    Offence to obstruct search
           Note
   110A.   Offence in relation to suppression orders
   110B.   Contempt of Tribunal
           Note
   111.    Proceedings for offences generally
   112.    Proceedings for infringement offences
   113.    Issue of infringement notices
   114.    Form of infringement notices
   115.    Payment of infringement fees
   116.    Penalty for infringement offences
   116A.   Penalties for offences relating to Disputes Tribunals
   117.    Penalties for offences under sections 98, 103, and 104
   118.    Penalties for other offences
   119.    Power of District Court to impose additional penalty in certain cases

           SUBPART 4 - Information-gathering powers

   120.    Purpose of disclosure of Customs' information
   121.    Customs must supply Customs' information to Registrar
   122.    Purpose of disclosure of information by Ministry of Transport
   123.    Registrar of Motor Vehicles must supply vehicle registration information to Registrar
   124.    Purpose of inspection by Registrar
   125.    Inspection powers
   126.    Conditions of authorisation
   127.    Registrar's entry to premises restricted
   128.    Disclosure of information from inspection
   129.    Restriction on disclosure of information from inspection
   130.    Issue of warrant
   131.    Powers conferred by warrant
   132.    Form and content of search warrant
   133.    Warrant must be produced
   134.    Other duties of person who executes warrant
   135.    When alternative to list of seized documents may be provided
   136.    Matters that must be stated in list of documents
   137.    Duty to assist
   138.    Power to inspect and take copies of documents, etc, obtained under warrant
   139.    Disposal of things seized
   140.    Court order for disposal of things seized to be suspended on conviction

   PART 5 - Miscellaneous provisions
   Note

   141.    Exemption for car auctioneers from registration requirement under Auctioneers Act 2013
   142.    Service of notices
   143.    Regulations may impose levy
   144.    Regulations
   145.    Amendments to other enactments
   146.    Repeal
   147.    No compensation for loss of office
           Note
   148.    Existing licence applications must be treated as applications for registration under this Act in certain cases
   149.    What happens if applicant does not meet requirements of section 148(2)
   150.    Registrar's requirements for processing existing licence applications
   151.    Payment of prescribed application fee under former Act sufficient for purpose of processing existing licence application
           Note
   152.    Certain persons to be treated as registered on commencement of Act
   153.    When registration under section 152 ceases
           Note
   154.    Continuation of Board
   155.    Board must deliver certain records to Registrar
           Note
   156.    Transitional provisions for disciplinary proceedings under former Act
   157.    Obligations of licensees
   158.    Purpose of section 159
   159.    Membership of Institute to continue despite repeal of former Act
   160.    Claims against Fund
   161.    Registrar must cancel registration for non-payment of contribution to Fund
   162.    Winding up of Fund
           Note
   163.    Review of operation of Act
           SCHEDULE 1
           SCHEDULE 2