Annual Report of the Adjudicator of the Motor Vehicle Disputes Tribunal Based in Auckland: Period 1 July 2008 to 30 June 2009

August 2009

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5. Recommendation for Amendment to the Act

I recommend that a change be made to section 94 of the Act. This section provides for a process by which, the Tribunal must, for the purpose of protecting the public, direct the Chief Executive of the Ministry of Justice to publish a notice in the Gazette if the Tribunal finds against a motor vehicle trader.

Given the large number of people who use the internet to search for vehicles it seems appropriate that a far more effective way of protecting the public would be for such a notice to be published and maintained for a period of, say, 3 years from the date of the decision as part of a register of delinquent traders on a website kept for that purpose by the Ministry of Consumer Affairs.

The Tribunal has authority under section 94(4) of the Act to direct the Chief Executive of the Ministry of Justice to give the news media a copy of a Tribunal decision but this appears to be less likely to protect the public than a register of delinquent traders.

C H Cornwell
Adjudicator
Auckland Motor Vehicle Disputes Tribunal

21 August 2009

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