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Motor Vehicle Dealers Institute v Sykes [2018] NZDC 16437

Published 23 August 2019

Unregistered motor vehicle trading — selling 11 vehicles for gain — consumer protection — Commerce Commission v LD Nathan & Co Ltd [1990] 2 NZLR 160 — Registrar of Motor Vehicles v Tamai [2014] DCR 291 — Registrar of Motor Vehicles v Buchanan [2014] DCR 287 — Registrar of Motor Vehicles v Herewini [2016] NZDC 4065 — Ministry of Transport v Hama DC Papakura CRI-2014-055-001542, 25 August 2014 — Motor Vehicle Sales Act 2003, s 95(1)(a). Following a formal proof hearing, the defendant was sentenced for carrying on the business of motor vehicle trading without being registered under the Motor Vehicle Sales Act 2003 (the Act). Over a 12-month period she had sold eleven vehicles for gain. By doing so she had breached the consumer protections that the Act conveys, such as informing consumers of their rights. She had also ignored warnings about her behaviour from the Ministry of Business Innovation and Employment. The Court referred to authorities to set a start point for fine of $8500. With no aggravating or mitigating factors the fine remained at $8500, and the Court also ordered costs of $130 and solicitor's fees of $500. Judgment Date: 7 August 2018.