This information includes new terms and definitions under the MVSA, registering as a motor vehicle trader, MVSA transitional provisions from the previous law, disclosure obligations, offences and enforcement, and the Motor Vehicle Disputes Tribunal.

Supplier Information Notice

Information on the Supplier Information Notice is available in the Fair Trading Act section. The requirements of the notice are a Consumer Information Standard under this Act. An example Notice is also available in the Fair Trading Act section.

Consumer Guarantees Act

Information on the Consumer Guarantees Act, specifically focused on motor vehicle sales, is also available in this Business Info section.

Business Note publication

The information on this page is available as a Business Note booklet - Motor Vehicle Sales Act and related laws - a guide for motor vehicle traders. You can order this publication from the Ministry using our Publications order form.

PDF version

This document is also available in Adobe Acrobat format (154 KB)
(instructions for obtaining the viewer)

Legislation

Copies of the Acts and Regulations mentioned in this guide can be accessed online, for free, at www.legislation.govt.nz. Printed copies are sold by Bennetts Bookshops and some Whitcoulls stores. Bennetts Bookshop in Wellington carries all legislation and provides a mail service throughout the country. Contact Bennetts Bookshop by phone 04 499 3433 or fax 04 499 3375.

Key terms and definitions

The MVSA introduces some new terms and definitions. This list sets out the key definitions that are referred to throughout the MVSA section of this guide.

Banned person

You can be banned from being a motor vehicle trader if you have had two or more convictions in 10 years for any of the following offences:

• trading as, or holding yourself out to be, a motor vehicle trader without being registered under the MVSA
• falsifying information on a contract of sale
• giving false information to the Registrar when registering.
You can also be banned if you have more than once within a 10-year period done any of the following things:
• failed to comply with an order of the Motor Vehicle Disputes Tribunal
• being concerned in the management of a company that was a registered motor vehicle trader that has gone into liquidation
• managed a company that failed to comply with an order of the Motor Vehicle Disputes Tribunal.

You may also be banned if you have been:

• disqualified under the Companies Act 1993 from managing a company
• convicted of a crime involving dishonesty
• convicted under the Fair Trading Act of any of the following:
- offering gifts and prizes
- bait advertising
- referral selling
- demanding or accepting payment without intending to supply as ordered
- pyramid selling
- importing goods with a false trade description
• more than once in the last 10 years been bankrupt or have failed to provide compensation for loss by a finance company as a result of you selling a vehicle over which the finance company held a security interest
• convicted of odometer tampering.

A District Court may also ban you from motor vehicle trading if the Court does not consider you to be a fit and proper person.

Car auctioneer

A person who conducts sales of motor vehicles by auction.

Car consultant

A person who, for payment, is contracted by anyone except a motor vehicle trader to act as their agent for anything to do with the sale or purchase of a motor vehicle.

Car market operator

A person whose business is to provide another person with premises or a place of market to sell used motor vehicles, or who operates a facility to sell used motor vehicles. This includes internet websites and webpages.

Customs information

Information about any person who the Comptroller of Customs believes has imported more than three vehicles in 12 months. The information may include the person’s full name, residential address, occupation and date of birth or, in the case of a company, the company’s name and registered office.

Existing licence application

An application made for a Motor Vehicle Dealer’s Licence, or renewal of a licence under the Motor Vehicle Dealers Act received before the new Act comes into force, and which has not been granted, refused or withdrawn before that date.

Importer

A person who carries on the business of importing vehicles into New Zealand.

Motorcycle

A vehicle that runs on two wheels or three with a sidecar, but does not include a moped.

Motor vehicle

A road vehicle that is mechanically propelled and of a type ordinarily acquired by consumers for personal, domestic or household use.

This does not include:
• an invalid carriage
• a moped
• a motorcycle with less than 60cc total cylinder capacity
• tractors/farm machinery
• trailers.

Motor vehicle trader

Any person whose business is motor vehicle trading and includes:
• a car market operator
• an importer
• a wholesaler
• a car auctioneer
• a car consultant.

A person is treated as a motor vehicle trader if they hold themselves out to be carrying on the business of motor vehicle trading. They will also be treated as a motor vehicle trader if they sell more than six vehicles in a 12-month period or import more than three vehicles in 12 months, unless they can prove they are not doing so for gain.

Motor vehicle trading

The sale of motor vehicles by someone (whether they are the principal or the agent).

Register

An electronic register of all the motor vehicle traders in New Zealand. It operates 24 hours a day, seven days a week. It gives the public information about a trader’s contact details and whether they are registered.

Registrar

The Registrar of Motor Vehicle Traders is appointed under the Motor Vehicle Sales Act. This person will be the current Registrar of the Companies Office when the Motor Vehicle Sales Act comes into effect.

Sale

The sale, lease, exchange or any other disposition of a motor vehicle, or any interest in a motor vehicle. This includes display for sale or offer for sale/lease/exchange but does not include a lease or offer of lease for a term of four months or less.

Tamper

In relation to odometers means to alter or cause to be altered the motor vehicle’s odometer so that it appears to have travelled other than the true distance; or to remove the odometer altogether.

Transitional period

A period expiring three months (or a later date set by Order in Council) from the date when the Motor Vehicle Sales Act comes into force.

Used motor vehicle

A vehicle that has, at any time before being offered or displayed for sale been registered under the Transport Act, Transport (Vehicle and Driver Registration and Licensing) Act, or any corresponding enactment in another country or been used for purpose not connected with its manufacture or sale.

Also includes a vehicle that has been used as a demonstration in connection with the sale of another vehicle.

Vehicle registration information

Information about any person who the Secretary of Transport believes has sold more than six vehicles in 12 months. The information may include the person’s full name, residential address, occupation and date of birth or, in the case of a company, the company’s name and registered office.

Wholesaler

A person selling new or used motor vehicles to other motor vehicle traders.

Working Day

Any day other than:

• Saturday and Sunday; and

• Waitangi Day

• Good Friday

• Easter Monday

• Anzac Day

• Queen’s Birthday

• Labour Day

• anniversary days of the local provinces

• the period between 25 December and 15 January.

Registration

Registration requirements

Who is required to be registered?

Any person meeting the definition of “motor vehicle trader” set out in the MVSA must be registered to legally carry on the business of trading in motor vehicles. See Key Terms and Definitions.

Either an individual or a company can register as long as they have not been disqualified from registration. There is no requirement for sales persons to be individually registered.

Grounds for disqualification as a motor vehicle trader

An individual is disqualified from registration if he or she is a person who:
• is under 18 years of age
• is a banned person
• is an undischarged bankrupt
• has had their motor vehicle dealer’s licence 1suspended within the previous 12 months(or cancelled within the last five years) under
the former Act
• has had their salesperson’s registration suspended within the last 12 months (or cancelled within the last five years) under
the former Act
• held a motor vehicle dealer’s licence under the former Act, and may be pursued by the Motor Vehicle Dealers Institute for a claim made against the Fidelity Fund within the previous five years
• has had their registration cancelled by the Registrar within the previous five years
• is prohibited or disqualified from managing a company under the Companies Acts 1955 or 1993
• has been convicted of a crime involving dishonesty within the last five years
• has been convicted of specific offences under the Fair Trading Act
• is subject to a compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992
• is subject to a property order made under the Protection of Personal and Property Rights Act 1988.

A company is disqualified from registration if:
• the company is a banned person
• the company’s motor vehicle dealer’s licence under the former Act has been suspended within the previous 12 months
• the company’s motor vehicle licence, under the former Act, has been cancelled within the last five years
• the company held a motor vehicle dealer’s licence under the former Act and may be pursued by the Motor Vehicle Dealers Institute for an amount arising out of a claim made against the Fidelity Fund within the previous five years
• the company is in liquidation
• the company’s name has been removed from the register of companies
• a manager of the company is disqualified from registration in their own right
• the company’s registration as a motor vehicle trader has been cancelled within the previous five years.

Can anyone seek an exemption from registering as a motor vehicle trader?

Yes, anyone can seek an exemption from registration by applying to the Minister of Consumer Affairs. There is a format for applying for exemption which is set out in the MVSA regulations.

How do I register?

If you want to register as a motor vehicle trader you must:

• complete and sign an application form
• complete a statutory declaration declaring that you are not disqualified from registration
• pay a registration fee.

In the case of a company, a manager carries out these steps.

Registrations can be made online at the Motor Vehicle Traders Register – operated by the Ministry of Economic Development, or on paper. Registration forms can be requested by phoning 0508 MOTOR TRADERS (0508 668 678) or can be downloaded from the MVTR website. More information on the registration process is available online at the MVTR website or by phoning 0508 MOTORTRADERS (0508 668 678) for assistance.

Information required for applying

When making your application, you must give:

• your full name, residential address, date of birth and occupation
• the proposed trading name of your business
• any other information required.

If a company is applying, the manager must give:

• the name of the company, the date and place of incorporation, the registered address and principal type of business
• the company’s incorporation number
• the full name, residential address, date of birth and occupation of each individual concerned with the company’s management
• the proposed trading name of the motor vehicle trading business
• any other information required.

Application accepted

If your application is accepted, the Registrar will enter your name on the Register and give you written notice of the date your registration takes effect. You will also be sent a Certificate of Registration.

Certificate of Registration

All registered motor vehicle traders will be supplied with a Certificate of Registration that includes a registration number and the expiry date. The Certificate of Registration should be displayed at your place of business. You must also show your Certificate of Registration, or a copy of it, to anyone who asks to see it.

Application refused

If the Registrar refuses your application, you will be notified in writing of the decision and the reasons for it, within 10 working days. You can appeal this decision to the District Court (see MVSA, section 64 – Right of appeal for more information).

How long is the registration effective?

Your registration is effective for 12 months unless it is cancelled or surrendered earlier. Registration cannot be transferred.

Renewal of registration

You must renew your motor vehicle registration every 12 months. Your application for renewal must be made to the Registrar before your original registration expires. Renewal notices will be automatically sent to registered traders prior to expiry – as long as their current address details are correct. Traders can select the “renewal” option from the Traders Services section of the Motor Vehicle Traders Register.

What if an application for renewal is not decided before the expiry date?

Your current registration stays valid until the application is decided, as long as it was received before the expiry date.

What about renewal after the expiry date?

Renewals after the expiry date will be treated as new applications not renewals.

What happens if there is a change in circumstances?

You can maintain your address and details or your company information online at the Motor Vehicle Traders Register by using the Trader Number and key (a personal identification code) sent to you when you applied for registration. Otherwise you must notify the Registrar in writing within 10 working days if any of your registration details change.

Removing a motor vehicle trader from the Register

The Registrar can remove you from the Register if:
• your registration is cancelled
• you surrender your registration
• your registration expires.

Cancellation of registration

Registration can be cancelled if the Registrar is satisfied that:
• your application fee has been dishonoured
• any representations or declarations you made are false
• you cease trading
• you are disqualified from registration.

The cancellation process

The Registrar must notify you in writing that your registration will be cancelled. The notice must give reasons for the cancellation and the date it will take effect. You then have 10 working days to give written reasons why your registration should not be cancelled.
If no written representations are received, the Registrar will record the cancellation. If the Registrar decides to cancel a registration despite your representations, you will be notified as soon as possible.

What happens if registration is cancelled because the motor vehicle trader is a “banned person” ?

The Registrar will record the name of a “banned person” on the Banned Persons list. It is planned that the list will be accessible online at the Motor Vehicle Traders Register website.

Registered trader stops trading

If you decide to stop trading, you must notify the Registrar within 20 working days. You can do this by surrendering your registration online at the Motor Vehicle Traders Register website, or by notifying the Registrar in writing to National Processing Centre, Private Bag 92061, Auckland.

Address for registration enquiries

National Processing Centre, Private Bag 92061, Auckland.

Address for the Registrar: Registrar of Motor Vehicle Traders, Private Bag 92061, Auckland.

The Ministry of Economic Development also publishes MVTR Factsheets on registration processes and the Motor Vehicle Traders Register. Factsheets are available by calling 0508 668 678 or visit the MVTR website for more information.

Transitional provisions

How long will the Motor Vehicle Dealers Act 1975 continue to apply?

The Motor Vehicle Dealers Act (MVDA) will apply up until the day the MVSA comes into effect. Any disputes referred to a Motor Vehicle Disputes Tribunal before the MVSA commences must be dealt with under the MVDA.

What happens with existing dealer licences?

Any person who is holding a current MVDA dealer’s licence immediately before the commencement of the MVSA will be treated as a motor vehicle trader registered under the Act for an initial period. This initial or "transitional period" exists for three months from the commencement date of the MVSA.

This initial registration period ceases when either:

• the trader complies with the Registrar’s notice to register under the MVSA, or

• the trader fails to comply with the registration notice. Their transitional registration will expire on the earlier of these two dates – the expiry of their current MVDA licence or the expiry of the transitional period.

What happens with existing Motor Vehicle Dealers Act licence applications?

As the MVSA comes into effect, the Registrar will write to every applicant about the options available to them. Within 20 working days of receiving this notice, the applicant must write back to the Registrar stating whether they want the application to come under the MVSA. If so, the applicant must send the Registrar the necessary information to support their application. Once this is received, the application will be considered. No other fee will need to be paid. If an applicant does not take the steps above, the licence application will lapse and they will not be entitled to any application refund.

What happens to the Motor Vehicle Dealers Licensing Board?

The Motor Vehicle Dealers Licensing Board will continue to exist after the commencement date of the MVSA until a date set by Order in Council. The Board must give a copy of all licence applications and the register of motor vehicle dealers to the Registrar of Motor Vehicle Traders. It must complete any unfinished disciplinary proceedings commenced while the former Act was in force.

What will happen to the Motor Vehicle Dealers Institute?

After the MVSA commences, the Motor Vehicle Dealers Institute (the Institute) will cease most of its functions as a statutory body. However, the Institute will to continue carry out its functions and responsibilities to administer the Fidelity Fund after the commencement of the MVSA, until all claims against the Fund have been dealt with.

What about claims against the Fidelity Fund?

A new claim can only be taken against the Fidelity Fund if the claim relates to a sale made by a licensed motor vehicle dealer before the commencement date of the MVSA, and the claim is made within 12 months of the new law coming into force. Otherwise, no one can make a claim against the Fund after the MVSA starts.

All provisions under Part Three of the MVDA, except section 35, continue to apply until all claims have been dealt with. Section 35 deals with contributions to the Fund. Every registered motor vehicle trader previously registered as a licensed motor vehicle dealer must continue to pay a contribution to the Institute for the Fund until all claims have been dealt with.

Other Motor Vehicle Sales Act legal obligations

Contracts for sale

When you sell a motor vehicle you must keep a record of every sales contract for at least six years. The record must include certain information required by regulations made under the MVSA.

This information is:

• the names of all the parties to the contract
• the agreed price
• a description of the motor vehicle sold including its VIN (or where no VIN is recorded the chassis number), make, model, and calendar year of manufacture or model year, as recorded on the LTSA Motor Vehicle Register (see www.motochek.co.nz).

The records may be kept in an electronic form as long as they can be retrieved easily. The records can be inspected by the Registrar or the Police.

Consumer Information Standard – Supplier Information Notice

A Supplier Information Notice is required to be displayed with every used motor vehicle for sale by motor vehicle traders and sellers at car markets. Car market operators must take reasonable steps to ensure sellers display the Notice.

Registered motor vehicle traders who display used motor vehicles for sale exclusively to other registered motor vehicle traders are not required to display a Supplier Information Notice with these vehicles.

This information disclosure is required by the Consumer Information Standard regulation under the Fair Trading Act.

Buyer’s copy of Supplier Information Notice

You must get written confirmation from the vehicle buyer that they were given a copy of the Supplier Information Notice.This confirmation must be obtained as soon as is practical after the sale. You must keep a copy of every Supplier Information Notice and buyer’s confirmation for at least six years.

Sales “on behalf”

The MVSA requires that, where you act as an agent for another person (the principal) in the sale by consignment of a used motor vehicle, you must:

• pay the principal all money received for the sale immediately it is demanded by them, or
• if no demand is made by the principal, within five working days after the money is received from the purchaser.

This duty is subject to any written authority or instructions given to you by the principal.

You are not allowed to use the funds from the sale for the payment of your debts, or to be attached to or taken to execute a court order initiated by a creditor’s claim. It also cannot pass, as part of a bankruptcy, to either the Official Assignee (in the case of individuals) or to a liquidator (in the case of a company).

If you cannot find the principal after making reasonable enquiries, you are still required to pay the money to the principal as soon as you do become aware of their whereabouts.

Providing a written account of sale

You must provide the principal with a written account setting out:

• the particulars of the money you received from the seller in respect of the sale, and
• the manner in which you have applied that money.}

You must provide the account on demand or, if no demand is made, within five working days after the sale was completed.

Does consumer law apply to sales by consignment?

Yes. The Fair Trading Act (FTA) applies to sales by consignment. You must not mislead, deceive or make false representations to either the buyer or seller of a vehicle on sale by consignment. You are also required to display the Supplier Information Notice with vehicles for sale by consignment.

The Consumer Guarantees Act applies to sales of consumer goods where the trader acts as an agent for a person who is not supplying in trade – this covers sales “on behalf” or by consignment where the principal is a consumer.

Be aware
Auction sales and sales by tender are not covered by the Consumer Guarantees Act.

Offences under the MVSA

Infringement offences

Under the MVSA there are a number of infringement offences which carry a fine of up to $2,000. These are:

• failure by a car market operator to take reasonable steps to ensure a seller has attached a Supplier Information Notice to the vehicle being sold
• entering false information into a record of sale
• being unable to show your Certificate of Registration without a good reason
• not giving notice to the Registrar of any changes in your registration details
• preventing an inspection by the Registrar, or giving false or misleading information
• preventing the carrying out of a search warrant.

If the Registrar considers you have committed an infringement notice offence, the Registrar may either:

a) issue you with a notice requiring you to pay a fine of $500, or
b) seek a court hearing against you.
If (a) applies, you may pay the $500, but if you wish to contest liability you may request a court hearing. If you request a court hearing and lose the case, you may be required to pay up to $2,000.

Serious offences

These offences carry a fine of up to $50,000 for an individual and up to $200,000 for a company, and other penalties may also be added. These offences are:

• trading without being registered
• carrying on trading while being banned
• failing to comply with a ban
• tampering with an odometer
• making a false statutory declaration or supplying false or misleading information to the Registrar.

Enforcement of the MVSA

The National Enforcement Unit, part of the Ministry of Economic Development, will enforce the MVSA.

The Supplier Information Notice under the Fair Trading Act is enforced by the Commerce Commission.

Motor Vehicle Disputes Tribunal

The Motor Vehicle Disputes Tribunal (MVDT) can hear claims under the Consumer Guarantees Act, the Fair Trading Act, and the Sale of Goods Act. The MVDT is administered by the Ministry of Justice.

Jurisdiction

The MVDT can only decide claims where one party is a motor vehicle trader, and the other party is not.
It can decide claims of up to $50,000, or more with the consent of the parties.
However, claims can still be brought to the non-specialist Disputes Tribunal for up to $7,500 (or $12,000 with the consent of the parties).

Filing a claim

Claims can be filed directly with the MVDT. The MVDT can be contacted by phone on 0800 FOR MVDT (0800 367 6838), or write to Motor Vehicle Disputes Tribunal, PO Box 6848, Wellesley Street, Auckland, or visit Level 10, Auckland District Court Building, 3 Kingston Street, Auckland.

The MVDT will refer a claim to the other party, known as the respondent, and require both parties to discuss and attempt to resolve the claim.
The respondent must then give a written report of the discussion to the MVDT within 14 days.

If the claim was not resolved or if the applicant wants to carry on with the claim, then the MVDT will set a date for a hearing and notify both parties.

The hearing

Hearings are not open to the public and lawyers are not allowed to attend. Both parties must attend the hearing. Parties cannot be represented by someone else unless the adjudicator agrees or a party is either a minor or has a disability.

The adjudicator is a lawyer with at least five years’ experience, and may be assisted by an assessor who will have technical expertise.

Orders

The MVDT may make any of the orders it has available to it under the Consumer Guarantees Act, Fair Trading Act, or Sale of Goods Act depending on the claim that was brought.

Where a vehicle is on hire purchase or purchased with finance arranged by the trader, and the MVDT finds that the applicant can reject the vehicle under the Consumer Guarantees Act, or cancels the sale under the Fair Trading Act, the MVDT may order that the rights and obligations of the buyer vest in the trader. This means that the trader becomes liable to the creditor for the outstanding debt under the credit contract.

Decisions

The adjudicator must give their decision in writing, including the reasons for the decision. If an order is made against you as a motor vehicle trader and you do not abide by the decision, the consumer can go to the District Court to enforce the order.

Appeals

You can choose to appeal the decision of the MVDT. You must file your appeal at the District Court within 10 working days after being given notice of the decision.

If the total claim is over $12,500 the District Court may consider whether the MVDT decision was wrong in fact or law, or that the proceedings were unfair to the appealing party and this prejudiced the result. If the claim is less than $12,500 then the claim can only be appealed if the proceedings were conducted in a manner that was unfair to the appealing party and this prejudiced the result.

Publicising details of an order

Where the MVDT finds against a trader the notice will be published in the New Zealand Gazette. This lists the name of the individual or company, and/or their trading names and the amount awarded against them. A copy of the Tribunal’s decision may be obtained from the Disputes Tribunal.

The list will also be provided in the Consumer Information – Motor Vehicles section.

Key information for auctioneers

If you are an auctioneer selling motor vehicles:

• you are required to be registered as a motor vehicle trader on the Motor Vehicle Traders Register

• you are not required to be licensed under the Auctioneers Act if you are properly registered as a motor vehicle trader, although you must comply with the Auctioneers Act requirements

• you must comply with the requirement to display a Supplier Information Notice with used motor vehicles for sale at auction

• you must disclose whether there is a security interest on any motor vehicle you offer for sale

• you must comply with the Fair Trading Act

• you may not be required to comply with the Consumer Guarantees Act as auction sales are excluded.

Key information for car market operators

If you operate a car market, car fair or "display for sale", you are:

• required to be registered as a motor vehicle trader if you meet the definition of "car market operator" in the MVSA

• required to take reasonable steps to ensure sellers display a Supplier Information Notice with vehicles they offer for sale at your car market

• required to comply with the Fair Trading Act in relation to information you provide to sellers and buyers

• not required to comply with the Consumer Guarantees Act unless you are the supplier of the vehicles for sale.

Key changes to motor vehicle trading brought by the Motor Vehicle Sales Act

Registration

Motor vehicle traders must be registered on the Motor Vehicle Traders Register (MVTR).

Applications for registration can be made electronically at the MVTR website.

Salespersons working for a motor vehicle trader are not required to be independently registered.

Definition of motor vehicle trader

Any person who carries on the business of motor vehicle trading. This now includes car auctioneers, importers, wholesalers and car market operators.

Presumption that a person is in the business of selling motor vehicles if they sell six or more vehicles in one year unless the seller can prove this was not for gain. For importers: three vehicles sold in one year unless the importer can prove this was not for gain.

Warranties and Guarantees

Motor vehicles no longer supplied with A,B,C,D class of warranties. Guarantees for domestic vehicles fall under the Consumer Guarantees Act. Warranties for commercial vehicles may fall under the Sale of Goods Act.

Jurisdiction of the Motor Vehicle Disputes Tribunal (MVDT)

Claims can now be filed directly with MVDT. Claims heard before an adjudicator and an assessor. Claims can be heard under the Consumer Guarantees Act, Fair Trading Act, Sale of Goods Act.

Unregistered motor vehicle trading

Unregistered trading is an offence under the Act. Penalties for unregistered trading are fines up to $50,000 for an individual, up to $200,000 for a company.

Offences

Unregistered trading, participating in business of motor vehicle trading when banned, odometer tampering, false statutory declaration, and supplying false information to Registrar carry fines up to $50,000 for individuals and up to $200,000 for a company. Failure to pay money to a principal in a consignment sale contract, or failure to account for funds from such a sale carry fines up to $20,000 for individuals and up to $40,000 for a company.

Fines of up to $2,000 can be made against traders who:

• falsify records of contracts of sale

• fail to notify Registrar of change in circumstances

• mislead or obstruct persons carrying out inspection or search powers under the Act

• operate a car market and do not take reasonable steps to ensure sellers display the Supplier Information Notice.

Consumer Information Standard – Supplier Information Notice

A Supplier Information Notice is now required to be displayed with every used motor vehicle for sale. This information disclosure is required by the Consumer Information Standard regulation under the Fair Trading Act. Car market operators must take reasonable steps to ensure sellers display the Notice.

Seminar series for motor vehicle traders

The Ministry of Economic Development and the Ministry of Consumer Affairs is providing a series of free seminars to traders during November 2003. For more information about the series visit the Motor Vehicle Traders Register site - see What's New.

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