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Motor Vehicle Sales Act 2003

Enforcement - Banning - List of banned persons

77: Procedure for recording names of banned persons on list

You could also call this:

"What happens when someone is banned from working with motor vehicles"

Illustration for Motor Vehicle Sales Act 2003

You need to know what happens when someone is banned from doing something with motor vehicles. The Registrar has to tell the banned person in writing as soon as possible after the ban starts. The notice has to include some important information. The notice must say why the person is banned, such as what they did wrong under section 68 or what order was made by the court under section 69. It must also tell the person they can write to the Registrar within 10 working days to say why they should not be on the list. You can make representations to the Registrar to say why you should not be on the list. If you make representations, the Registrar will think about them and then decide what to do. If the Registrar decides to put your name on the list, they will tell you in writing. This process is also affected by what is said in section 45.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM188848.

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Part 4Enforcement
Banning: List of banned persons

77Procedure for recording names of banned persons on list

  1. Before recording the name of a banned person on the list, the Registrar must give written notice to that person as soon as is practicable after the date on which the ban takes effect.

  2. The notice must,—

  3. in the case of a person who is banned under section 68, refer to the conviction, failure, or matter, as the case may be, that makes the person liable to have his or her name recorded on the list; and
    1. in the case of a person who is banned under section 69, describe the order made by the District Court or, as the case may be, the High Court under that section and the date on which the order was made; and
      1. state that the banned person may, within 10 working days after the date of the notice, make written representations to the Registrar as to why that person's name should not be so recorded.

        1. If, after considering any representations made under subsection (2)(c), the Registrar is satisfied that there are no reasons why the person's name should not be recorded on the list, the Registrar must record the person's name and give written notice to the person accordingly.

        2. This section is subject to section 45.