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Recommended Amendments to the Motor Vehicle Sales Act 2003: Discussion Paper
March 2007
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2. List of Recommendations
Motor Vehicle Trader
Registration
1. Amend section 39 of the
MVSA, renewal of registration, to provide
for a renewal application to be on a prescribed
renewal application form, signed by the applicant,
confirming that the trader's name, address,
trading name and persons concerned in the management
of the company are correct as stated on the
Motor Vehicle Register. This amendment removes
the requirement for motor vehicle traders to
use the application process set out in section
32 for renewals, including making an annual
statutory declaration of their trading details.
2. Amend section 39(2) to say sections 33
to 38 apply, with any necessary modifications,
to applications for renewal of the registration
of a motor vehicle trader under section 39,
and to require that the applicants must confirm
that they do not meet any of the criteria that
disqualify them from being a motor vehicle trader.
3. Also amend section 39 to provide for a
renewal application to be accompanied by the
prescribed application fee and any levy imposed
under section 143.
4. Amend section 40 to provide that a statutory
declaration accompany notification of a change
where a new director or other person concerned
in the management of the company has been appointed.
5. Amend section 40 to provide for notification
of changes to be made on the prescribed form.
6. Amend section 68(1)(c) to ensure that
persons convicted of breaches of the
MVSA that would invoke the banning provisions
while registered, may be similarly banned regardless
of their registration status at the time of
conviction.
Motor Vehicle Sales
Information Disclosure
7. Remove section 14(2) to remove the requirement
for private sellers to display a
SIN
at car markets.
8. Amend section 7 of the
MVSA to remove reference to car market
operators.
9. Amend section 14 and section 16 of the
MVSA to exempt from the
SIN
requirements, transactions that are exclusively
between registered motor vehicle traders, and
between registered motor vehicle traders and
car wreckers as defined in the
MVSA
Motor Vehicle Disputes
Resolution
10. Amend Schedule 1, clause 14 (1)(b) to
allow costs to be awarded against any party
to a claim, for non attendance at a hearing
for no good cause.
11. Amend section 87 to provide a timeframe
within which the adjudicators' annual reports
are to be submitted and to deal appropriately
with the receipt of multiple reports. Also to
replace the phrase "available to the news media"
to read "publicly available".
12. Extend section 89 to allow the Motor
Vehicle Disputes Tribunal to also consider claims
under the Credit Contract and Consumer Finance
Act 2003 (CCCFA).
This would include allowing creditors to be
a party to the claim under the
CCCFA.
13. Amend section 90 to increase the total
sum of the application or claim from $50,000
to $60,000.
14. Amend section 94 to allow the Motor Vehicle
Disputes Tribunal to have improved disclosure
of
MVDT decisions.
Other Matters Considered
and No Changes Proposed
15. Not to re-establish the Fidelity Fund
and for the Ministry to continue to monitor
the impact of the removal of the Motor Vehicle
Dealers Fidelity Fund.
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