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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

69: Internet auction providers record

You could also call this:

"Internet auction sites must keep a record of people selling secondhand items"

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

If you are an Internet auction provider, you must keep a record. This record must show details about people selling secondhand items on your website. You must keep this information for at least 12 months. If a constable asks, you must show them your record or give them a copy. The constable might ask for the whole record or just part of it. If you give them the whole record, they must give you a receipt or return it within 2 hours. You can get in trouble if you do not keep a record or make false entries. You can also get in trouble if you do not let a constable see your record when they ask. This can result in a fine of up to $10,000. You can find more information about this in section 83.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305650.

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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

69Internet auction providers record

  1. Every Internet auction provider must keep an Internet auction providers record.

  2. The Internet auction providers record must show the following information:

  3. the full name, date of birth, contact telephone number, and email address of every person offering secondhand articles or scrap metal for sale on the Internet auction provider’s website; and
    1. any other prescribed information.

      1. The information in an Internet auction providers record about a particular sale or attempted sale must be kept by the Internet auction provider for at least 12 months from the date bids closed for that sale or attempted sale.

      2. An Internet auction provider must, when required to do so by a constable,—

      3. show the constable his or her Internet auction providers record and any information contained in it; or
        1. make a copy of all or specific parts of it and give the copy to the constable or, if that is impracticable, give his or her Internet auction providers record or a specific part of it to the constable, in which case the constable must—
          1. give a receipt for the document; or
            1. return the document to the Internet auction provider within 2 hours.

            2. An Internet auction provider 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 his or her Internet auction providers record; or
              1. makes a false entry in his or her Internet auction providers record; or
                1. fails to provide access by a constable to his or her Internet auction providers record in accordance with subsection (4) when required to do so.

                  1. Section 83 applies to a charge under subsection (5)(c).

                  Notes
                  • Section 69(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 69(4)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 69(4)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 69(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 69(5)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).