Secondhand Dealers and Pawnbrokers Act 2004

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

50: Offences relating to secondhand dealing

You could also call this:

"Breaking the rules as a secondhand dealer can get you in trouble"

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

You can get in trouble if you are a licensed secondhand dealer and you buy back something as part of your business. If you are found guilty, you could have to pay a fine of up to $10,000. You must follow the rules, like keeping certain articles for a period of time as stated in section 47(1) and (2), unless it says you do not have to. You also commit an offence if you do not label articles as required by section 48. If you do not follow these rules and you do not have a good reason, you could have to pay a fine of up to $10,000 if you are found guilty. You must make sure you are doing the right thing as a licensed secondhand dealer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305625.

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Part 3Obligations of licence holders, promoters, and Internet auction providers
Obligations of licensed secondhand dealers: Secondhand dealing

50Offences relating to secondhand dealing

  1. A licensed secondhand dealer commits an offence, and is liable on conviction to a fine not exceeding $10,000, if he or she enters into a buyback contract as a buyer while apparently acting in the course of business as a secondhand dealer.

  2. A licensed secondhand dealer commits an offence, and is liable on conviction to a fine not exceeding $10,000, if he or she fails, without reasonable excuse,—

  3. to comply with section 47(1) and (2) (which relate to retaining articles), other than in the circumstances set out in section 47(3); or
    1. to comply with section 48 (which relates to labelling articles).
      Notes
      • Section 50(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 50(2: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).