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Who does not need to register, or is unable to register?

Section 9 of the Motor Vehicle Sales Act 2003 sets out the criteria for who is not deemed to be a motor vehicle trader. If relying on these criteria, please pay special attention to section 9(2). If you are unsure whether you are covered by section 9 we recommend that you seek independent legal advice or email us for clarification.

View the Motor Vehicle Sales Act 2003 at legislation.govt.nz

 

Disqualifications

Certain persons are disqualified from participating in carrying on the business of motor vehicle trading. A full list of disqualifications can be found in sections 24-25 of the Motor Vehicle Sales Act 2003 (MBSA).

The disqualification list includes, but is not limited to:

  • individuals who are under 18,
  • individuals who are currently bankrupt,
  • individuals who have been convicted of certain crimes involving dishonesty or breaching the Fair Trading Act 1986 within 5 years of their application to the MVTR,
  • individuals who are listed as a ‘disqualified director’ on the Companies Register
  • companies who are in liquidation, have been struck off or have a ’disqualified director’ listed as a director or concerned in the management of the company.
  • companies who have a banned person listed as their director or concerned in the management of the company

     

A banned person is someone who has been prohibited under sections 382, 383 or 385 of the Companies Act 1993 or banned under section 69 of the MVSA.

View the Companies Act 1993 at legislation.govt.nz

View the Motor Vehicle Sales Act 2003 (MVSA) at legislation.govt.nz

 

Learn more about banned persons

More information on the banning criteria under the MVSA can be read in the Penalties and enforcement section.
 

[internal link] View the banned persons list now.

 

Last updated 10 June 2015

Resources

Trader obligations

Registered traders have a number of obligations under the MVSA. To find out more about these have a look at the Trader obligations.

 

Related websites

Companies Office

Commerce Commission

NZ Transport Agency

New Zealand Customs Service

Inland Revenue