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Page updated: 12-10-2009

Buying a Motor Vehicle - check before you drive

Consumer Information


 

 

 

 

On 15 December 2003 the Motor Vehicle Sales Act (MVSA) came into force, changing the law relating to buying new and used motor vehicles. 

This guide will help you get "fit for the road" by minimizing your risks of getting a “bad deal” when buying a motor vehicle. 

Licensed motor vehicle dealers and other traders who sell motor vehicles will now be required to be registered under the MVSA. 

How this guide works

The guide is separated into different topics. Not all topics will apply to the type of purchase you want to make. 

Each page contains links to other sections of interest related to that topic. Each page also contains links back to this index page.

Contents

Information on what types of checks you should do, and what laws apply to protect you when buying from the different types of sellers:

And related information on:

Publications

Fit for the Road publication

This booklet is the online version of the Fit for the Road? - What you should know BEFORE buying a motor vehicle.

Fit for the Road? publication is available in Adobe Acrobat format (1293 KB) (instructions for obtaining the viewer) 

If you require a printed copy of the booklet, single copies can be ordered from our Publications section or pick up a copy from your nearest Citizens Advice Bureau. 

Check Before You Drive publication

This pamphlet briefly explains the main rules under the Motor Vehicle Sales Act in eight languages (English, Maori, Samoan, Tongan, Chinese, Nuiean, Arabic and Korean). 

The Check Before You Drive pamphlet is only available in Adobe Acrobat format (387KB) (instructions for obtaining the viewer).

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Before you start

Buying and owning a vehicle are a major expense, so it makes sense to do some homework before you buy. We all want to avoid a bad deal - you can start by following these general tips.

For all used vehicle purchases, from any type of seller, we recommend:

  • Doing your homework on the market.
    Spend time checking out the vehicle market - talk to friends and family, read newspaper ads and visit traders’ yards, auctions, and car fairs.
  • Getting an independent mechanical check of the vehicle before you agree to buy it.
    Before you buy, take the vehicle for an independent mechanical check. Some motor vehicle traders may have already arranged a check of the vehicles they offer for sale. If you want to rely on this check, make sure you know when the test was done, what was checked, who carried it out and what the test results were.

Once you have this information, you can then decide whether to: still go ahead with the purchase; negotiate on the price to take account of any problems: or, ask the seller to fix the problems before you buy the vehicle. If the seller agrees to fix the problems, ask for this in writing.

The Land Transport NZ publishes a detailed factsheet called Buying a Used Car (Factsheet number 71), advising what to look for when checking the quality of a used vehicle. This free factsheet is available from the LTNZ’s website.

Checking there is no money owing

A previous owner may still owe money to a finance company for the vehicle. You can check whether money is owing on the vehicle by checking the Personal Property Securities Register. If you buy a vehicle knowing that money is owed on it, then the finance company could take the vehicle from you. 

Checking the vehicle’s Warrant of Fitness

All sellers of motor vehicles must ensure that the motor vehicle has a Warrant of Fitness issued no more than one month before the date the vehicle is delivered to the buyer.

If you buy a vehicle with a recently issued Warrant of Fitness but the vehicle does not appear to be in a warrantable condition, contact the LTNZ  on 0800 108 809. The LTNZ can investigate testing stations or garages that incorrectly issue warrants.

“As Is, Where Is”

If the vehicle does not have a current Warrant of Fitness it must be sold “as is, where is”. In this case, you should give the seller a written undertaking that the vehicle will not be driven on the road except for the purpose of getting a new Warrant of Fitness - this is a protection for the seller.

For more information, the LTNZ publishes a factsheet called Change of Ownership of a Motor Vehicle (Factsheet number 41). This free factsheet is available from the LTNZ.

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Terms and definitions used in this guide:

Breach- when a rule under a law has been broken - eg, it is a breach of the Fair Trading Act for a trader to mislead you about the vehicle’s age.

Car-yard trader - the term we use in this book to describe registered motor vehicle traders who usually sell vehicles from car-yards.

Compensation - money to put right a problem - eg, I am asking for $1,200 compensation from the seller for being misled about the condition of the vehicle’s engine.

Registered motor vehicle trader - all people who are in the business of selling motor vehicles must be registered. This includes vehicle traders, vehicle importers, vehicle wholesalers, auctioneers, and car market operators.

Security interest - when a vehicle is purchased on credit (using a loan or hire purchase to pay for it), the finance company may register a security interest to show that they have a right to the vehicle if the money owed is not re-paid. Security interests are registered on the Personal Property Securities Register.

After you buy

Changing registration

Within seven days of purchasing or obtaining a vehicle you must notify a Land Transport NZ (LTNZ) agent by completing and lodging the required form, presenting identification and paying the fee. LTNZ agents are NZ Post, the Automobile Association, Vehicle Testing New Zealand, Vehicle Inspection New Zealand, and On Road New Zealand.

If you sell or dispose of the vehicle you must notify the LTNZ.

The LTNZ publishes a factsheet called Change of Ownership of a Motor Vehicle (Factsheet number 41) that sets out the change of ownership requirements that both a seller and a buyer must complete. This factsheet is available on the Land Transport NZ website. Following the procedures outlined in this factsheet can ensure you do not get caught with unpaid vehicle licence fees, Road User Charges or other people’s fines.

Where can I find out more?

For further information on changing registration of the vehicle, contact the Transport Registry Centre of the LTNZ, Private Bag, Palmerston North, or phone 0800 108 809.

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