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Secondhand Dealers and Pawnbrokers Act 2004

Obligations of licence holders, promoters, and Internet auction providers - Obligations of promoters and Internet auction providers - Records

68: Promoters record

You could also call this:

"Keeping a Record of Secondhand Sellers at Markets and Fairs"

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

You must keep a record if you are a promoter. You have to write down the date and location of the market or fair. You also have to write down information about each stallholder who sells secondhand articles or scrap metal. You need to know the stallholder's name, date of birth, address, and phone number. You also need to know if they have a licence or certificate, and what number it is. If they do not have a licence or certificate, you have to check their identity. You can check their identity by looking at their ID or by knowing them personally. You have to keep the record for at least 12 months. If a constable asks, you have to show them your record. You might have to give them a copy or let them take the record for a little while. If you do not keep a record or show it to a constable, you can get in trouble. You might have to pay a fine of up to $10,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305649.

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Money and consumer rights > Consumer protectionBusiness > Industry rules
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Part 3Obligations of licence holders, promoters, and Internet auction providers
Obligations of promoters and Internet auction providers: Records

68Promoters record

  1. Every promoter must keep a promoters record.

  2. The promoters record must show, with respect to every market or fair at which the promoter provides space to stallholders,—

  3. the date or dates on, or the period during, which the market or fair operates; and
    1. the location of the market or fair; and
      1. in relation to every stallholder who proposes to sell secondhand articles or scrap metal at the market or fair,—
        1. the stallholder’s full name, date of birth, contact address, and contact telephone number (if any); and
          1. if the stallholder holds a licence or a certificate, the number of that licence or certificate; and
            1. if the stallholder does not hold a licence or a certificate, a record of how the promoter verified the identity of the stallholder, which must be one of the methods set out in subsection (3); and
              1. the signature of the stallholder; and
                1. any other prescribed information.

                2. A promoter may verify the identity of a stallholder by—

                3. sighting the person’s authorised identification; or
                  1. personal knowledge, in which case if any details about the person that are recorded in the promoter’s promoters record are incorrect, the promoter is regarded as having made a false entry, without reasonable excuse, in his or her promoters record; or
                    1. any other prescribed method.

                      1. The information in a promoters record about a particular market or fair and the stallholders at it must be kept by the promoter for at least 12 months from the date of the market or fair.

                      2. A promoter must, when required to do so by a constable,—

                      3. make, and give to the constable, a copy of all or any specified part of the promoter’s promoters record; or
                        1. if that is impracticable, give the promoters record or specified part of it to the constable, in which case the constable must—
                          1. give a receipt for the document; and
                            1. return the document within 2 hours.

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

                            3. fails to comply with the requirements of this section relating to the promoters record; or
                              1. makes a false entry in his or her promoters record; or
                                1. fails to give his or her promoters record, or a specified part of it, to a constable when required to do so.

                                  1. Section 83 applies to a charge under subsection (6)(c).

                                  Notes
                                  • Section 68(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                  • Section 68(5)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                  • Section 68(5)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                  • Section 68(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                  • Section 68(6)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).