Who does not need to register, or is unable to register?

If you are a private seller selling your own car to another consumer you are not required to register as a trader.  The Motor Vehicle Sales Act 2003 (MVSA) only applies to those persons who are carrying on the business of motor vehicle trading.  Section 9 of the Motor Vehicle Sales Act 2003 sets out the criteria for who is not deemed to be a motor vehicle trader.   If relying on these criteria, please pay special attention to section 9(2).

Certain persons are disqualified from participating in carrying on the business of motor vehicle trading. A full list of disqualifications can be found in sections 24-25 of the Motor Vehicle Sales Act 2003.

The disqualification list includes, but is not limited to:

• individuals who are under 18, are bankrupt, or have been convicted of certain crimes involving dishonesty or breaching the Fair Trading Act 1986 within 5 years of their application to the MVTR.
• companies who are not incorporated in New Zealand, are in liquidation, have been struck off, have a banned person as their director or in management.
  

   

A banned person is someone who has been prohibited under sections 382, 383 or 385 of the Companies Act 1993 or banned under section 69 of the MVSA.

Further information

More information on the banning criteria under the MVSA can be read in the Penalties and enforcement section.

View the MVTR banned persons list.