Auto Dismantlers Notice
Section 6 Secondhand dealers engaged in business to be licensed
Has the premises got a current licence? Yes/No
Subs (6)
A person who carries on business as a secondhand dealer without holding a licence commits an offence and is liable on summary conviction to a fine not exceeding $20,000.
Transitional Licences
A licence under the Secondhand Dealers Act 1963 will be current unless is has been cancelled. If your licence has not been cancelled, it will still be current at 1 April 2005. Your current licence under the Secondhand Dealers Act 1963 will become a “transitional licence” under the Secondhand Dealers and Pawnbrokers Act 2004.
The effect of a transitional licence is that a holder of a “transitional licence” can trade on that licence for up to one year, without having to apply for a licence under the new Act.
“Transitional licences” will expire on 1 April2006. If, before 1 April 2006, a secondhand dealer applies for and is issued with a licence under the new Act, the transitional licence will expire on the date that the new licence is issued.
If you do not apply for a licence under the new Act you will not be able to continue trading as a secondhand dealer. If you continue to operate your business without licence after 1 April 2006 you could face prosecution by the Police and face a fine of up to $20,000 by the Courts.
Section 36 Obligation to show and display licence
Was the licence viewed and displayed? Yes/No
Every licence holder must ensure that a certified copy is shown to police on request and is prominently displayed so as to be readily visible to the public at every place of business used by the licence holder for secondhand dealing or pawnbroking purposes.
A licence holder commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to comply.
Section 19 Certificate Holders
Are any employees’ certificate holders? Yes/No
You will need to become a certificate holder if, with the authority of the licence holder, you:
• enter into transactions on behalf of a licensed secondhand dealer;
You must also hold a certificate if you manage, supervise, or control someone who:
• enters into transactions on behalf of licensed secondhand dealer; or
A person who does not hold a certificate commits an offence and is liable on summary conviction to a fine not exceeding $10,000, if he or she, knowing that he or she does not hold, or/s not regarded as holding, a certificate enters into transactions or manages, supervises, or controls any person who enters into a transaction. The Licence Holder is also liable. Section 20
Section 32 Obligation to show certificate
Were certificates viewed? Yes/No
At any time when a certificate holder is engaged in secondhand dealing or pawnbroking, he or she must, on request by a member of the police, show his or her certificate to that member.
A certificate holder commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to comply with a request under subsection
Section 37 Employee Records
Copies of employee records sighted and recorded. Yes/No
Every licence holder must keep an employee record of every person who is employed by the Hence holder in the secondhand dealing or pawnbroking business.
The employee record must show—
(a) the full name, date of birth, contact address, and telephone number (if any) of every employee; and
(b) which employees (if any) hold a certificate, and the number of each certificate; and
(c) the date on which each employee commenced employment with the licence holder.
Must show records on demand of police and copy specific parts if requested by member
Section 42 Dealers Record
Dealers Register sighted and up to standard? Yes/No
The dealer’s record must show the following information with respect to every article acquired by a licensed secondhand dealer in the course of business as a secondhand dealer:
the identity of the person from whom the article is acquired, which must include the person’s full name, contact address, and contact telephone number, the manner in which the person’s identity was verified, the person’s date of birth, the person’s signature.
• a description of the article and its serial number or other unique identifier
• the purchase price paid by the secondhand dealer:
• the number assigned by the licensed secondhand dealer to the article:
• the name and signature of the person who conducted the transaction on behalf of the licensed secondhand dealer:
• the date of the transaction:
• in the case only of an article with an apparent resale value of more than $40 or such other amount as may be prescribed, either the date on which the article was sold or an account of how and when the article was otherwise disposed of—
• any other prescribed information.
A licensed secondhand dealer commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she—
(a) falls without reasonable excuse to—
i) keep a dealers record, or
(ii) record in it the in formation required by this section;
(iii) add information to it as soon as practicable after the information is available; or
(b) makes a false entry in his or her dealer’s record.
Section 39 Obligation to report and hold stolen goods
If you have any goods in your possession or are offered any goods for sale that:
• you know are stolen; or
• you suspect are stolen;
you must:
• report the goods to a member of Police as soon as practicable; and
• if you are in possession of the goods, hold them for 14- days from the date that your reported the goods to
Police.
In addition, if Police give you a notice that specifies goods that are, or are alleged, to be stolen, you must:
• immediately notify a member of Police if any of the goods specified are offered to you for sale or pawn;
and
• check your stock to see if you have any of the specified goods already in your possession.
If you do have any of the goods listed in the Police notice already in your possession you must:
• report that fact to a Police officer as soon as practicable; and
• hold those goods from 14-days from the date that you reported them to Police.
Further Information can be found at www.police.govt.nz!service!info4traders
Licensing Contact Details
Postal:
Secondhand Dealers and Pawnbrokers Licensing Authority
P0 Box 5027
WELLINGTON
Contact Numbers:
Ph: (04) 918-8300
Fax: (04) 918-8303
Email: shdLicensing@justice.govt.nz