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Secondhand Dealers and Pawnbrokers Act 2004

Obligations of licence holders, promoters, and Internet auction providers - Obligations of licensed secondhand dealers - Secondhand dealing

47: Articles to be kept for 10 working days

You could also call this:

"Secondhand dealers must keep items for 10 working days so police can inspect them."

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

If you are a licensed secondhand dealer, you must keep every article you acquire in its original state for 10 working days. You must store the article in a place where a constable can easily inspect it if they ask. You do not have to keep the article for 10 working days if you got it from another licensed secondhand dealer, or if you return it to the person you got it from. If you are selling the article as an agent for the owner, you do not have to keep it for 10 working days if you record the buyer's details, including their name, date of birth, and contact information, and how you checked their identity, as set out in section 43(2). You must also get the buyer to sign the record. This helps keep track of who buys and sells secondhand goods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305622.

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Topics:
Crime and justice > Police and safetyBusiness > Industry rules
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Part 3Obligations of licence holders, promoters, and Internet auction providers
Obligations of licensed secondhand dealers: Secondhand dealing

47Articles to be kept for 10 working days

  1. Every article acquired by a licensed secondhand dealer in the course of his or her secondhand dealing business must be retained by the secondhand dealer in an unaltered state for 10 working days from the date of the transaction.

  2. Every article acquired by a licensed secondhand dealer in the course of his or her secondhand dealing business must be stored, for the first 10 working days after the transaction, in a place at which it can be reasonably conveniently inspected by a constable if the constable asks to inspect it.

  3. Despite subsection (1), articles need not be retained for 10 working days if—

  4. the article was acquired by the licensed secondhand dealer from a licensed secondhand dealer and pawnbroker; or
    1. the article is returned to the person from whom the licensed secondhand dealer acquired it; or
      1. the article is being sold by the licensed secondhand dealer as agent for the owner, and the licensed secondhand dealer notes on his or her dealers record—
        1. the purchaser’s full name, date of birth, contact address, and contact telephone number (if any); and
          1. the manner in which the licensed secondhand dealer verified the purchaser’s identity, which must be by one of the methods set out in section 43(2); and
            1. the purchaser’s signature.

            Compare
            • 1963 No 10 ss 14, 15
            Notes
            • Section 47 heading: amended, on , by section 290(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 47(1): amended, on , by section 290(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 47(2): amended, on , by section 290(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 47(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 47(3): amended, on , by section 290(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).