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854 posts

Ultimate Geek
+1 received by user: 125


  Reply # 1441415 6-Dec-2015 15:31
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Geese: OK, got it now.

So dumbing the act down what it is saying is that you cannot take more than 6 vehicles out of your name for any reason whatsoever in any consecutive 12 month period, unless you are giving away the excess vehicles over 6 in the 12 month period absolutely free, and can prove this.


No, I take it as:

I'm a hobbyist, I own 20 cars, I break both my legs in an accident and can't/don't want to drive anymore, I can offload half my collection without been classed as a dealer, because I'm not after the money, I just don't have a need/desire for that many cars I can no longer drive.   (The motive for selling isn't for gain, it's because something else happened)

Alternatively...

I like the sound of some new (insert brand here) car that you can't get in NZ, I import it, convert it to run on NZ roads, drive it around for a month and decide it's "not for me".


The issue I can think of though, is that the interpretation ultimately comes down to the courts and how they've ruled in the past, not some forum posting.  If you fear you may end up running afoul of the law, the best thing to do is ring the Motor Traders part of MBIE (http://www.motortraders.govt.nz/cms) and explain the situation and ask them if they can provide some sort of written determination of if what you plan on doing requires registration.



1220 posts

Uber Geek
+1 received by user: 58


  Reply # 1441475 6-Dec-2015 18:41
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nigelj: If you fear you may end up running afoul of the law, the best thing to do is ring the Motor Traders part of MBIE (http://www.motortraders.govt.nz/cms) and explain the situation and ask them if they can provide some sort of written determination of if what you plan on doing requires registration.


I have tried this, and got a thoroughly unhelpful answer.

That its up to me to ensure I comply with the law, and if I don't understand it seek legal advice.


gzt

9819 posts

Uber Geek
+1 received by user: 1469


  Reply # 1441572 6-Dec-2015 21:37
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Imho the act is designed to capture 'dealing' in motor vehicles. As in dealing for gain and going with geektastics definition for that. Then you have some obligations in law to register as an mvd and from there to provide consumer protection etc.



1220 posts

Uber Geek
+1 received by user: 58


  Reply # 1458055 28-Dec-2015 10:07
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Anyone want to hazard a guess on what "any period of 12 consecutive months" means?

Before thinking too hard about this, I would have assumed a rolling 365/366 days period (12 rolling months), but it could mean (whole) calendar months, which could be less than 365 depending on what time during the first month a sale occurs.

In my situation, I have 6 sales in last 365 days, 1st is 8/1/15 next is 31/1/15.
If I needed to sell my motorbike simply because it is not economically viable to pay exorbitant charge to relocate it to my new address, and would be hazardous to ride on SH1 that distance, I'm trying to determine when I would be safe to sell.

If its 365 days, then I'd assume I'd be safe to sell after 9/1/16, if calendar months then 1/1/16, as my interpretation is January - January is 13 consecutive months.

I'm not desperate to sell, as in whether it be 1/1 or 9/1 its only 8 days, its more an academic exercise.

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