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Motor Vehicle Sales Act 2003

Preliminary provisions - Interpretation - Meaning of motor vehicle trader

9: Who is not treated as motor vehicle trader

You could also call this:

"Who is not considered a car salesperson under the law"

Illustration for Motor Vehicle Sales Act 2003

You are not considered a motor vehicle trader just because you work for one. You are also not a motor vehicle trader if you sell cars as part of a different job. For example, if you are a solicitor, you can sell cars without being a motor vehicle trader. You are not a motor vehicle trader if you are a manufacturer selling cars to the government or a registered motor vehicle trader. You are also not a motor vehicle trader if you are a finance company selling cars through a registered motor vehicle trader. This rule applies to other businesses like insurance companies and rental car companies that sell cars occasionally. You are not a motor vehicle trader if you buy a car for your business and then sell it later. However, some of these rules only apply if you sell cars through a registered motor vehicle trader, as explained in section 2(1) of the Land Transport Act 1998. This means you must follow certain rules when selling cars.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM188542.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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Part 1Preliminary provisions
Interpretation: Meaning of motor vehicle trader

9Who is not treated as motor vehicle trader

  1. A person is not treated as carrying on the business of motor vehicle trading for the purposes of this Act only because that person is—

  2. an employee or an agent of a motor vehicle trader; or
    1. under a contract for services with a motor vehicle trader; or
      1. a solicitor who acts in that capacity as an agent for selling any motor vehicle unless that person is remunerated by commission in addition to, or instead of, that person's professional charges; or
        1. a liquidator of a company that is a motor vehicle trader registered under this Act; or
          1. a manufacturer who sells any motor vehicle to—
            1. the Crown; or
              1. a motor vehicle trader registered under this Act; or
                1. any person who is or has been employed by the manufacturer; or
                2. a car market operator; or
                  1. a licensed car wrecker; or
                    1. a finance company selling any motor vehicle under a transaction in which a motor vehicle trader acts as an intermediary between the finance company and the buyer (whether or not the motor vehicle trader acts as an agent of the finance company); or
                      1. a finance company, an insurance company, a rental car company, a storage provider (within the meaning of section 2(1) of the Land Transport Act 1998), or any other person, that sells any motor vehicle as an incidental part of the person's ordinary business; or
                        1. carrying on any other business besides carrying on the business of motor vehicle trading and who, in the course of that other business,—
                          1. buys any motor vehicle for use in connection with that business, with or without the intention of reselling it after such use; or
                            1. resells the vehicle after using it in connection with that business.

                            2. Subsection (1)(d), (h), and (i) applies only if the person sells motor vehicles through a motor vehicle trader registered under this Act.

                            Notes
                            • Section 9(1)(ea): inserted, on , by section 6(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
                            • Section 9(1)(f): substituted, on , by section 6(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
                            • Section 9(2): amended, on , by section 6(3) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).