Extract from Secondhand Dealers and Pawnbrokers Act 2004

“6          Secondhand dealers engaged in business to be licensed

1. (1)               Every person who engages in business as a secondhand dealer must hold a licence.
2. (2)               If 2 or more people engage in business as secondhand dealers in partnership, each partner must hold a licence.
3. (3)               For the purposes of this Act, a person is presumed (in the absence of evidence to the contrary) to be engaged in business as a secondhand dealer if, in any 12-month period, the person-
4. (a)               buys secondhand articles or scrap metal, for the purpose of trade, on 6 or more different days; or
5. (b)               sells, exchanges, or otherwise deals in secondhand articles or scrap metal (being articles or scrap metal acquired for the purpose of trade)-
6. (i)                 on 6 or more different days; or
7. (ii)               so as to receive revenue of $2000 or more from the sale, exchange, or dealing.
8. (4)               For the purposes of this Act, the following are not engaged in business as secondhand dealers when selling secondhand articles or scrap metal:
9. (a)   an auctioneer who is licensed under the Auctioneers Act 1928 and is selling the secondhand articles or scrap metal at auction under that Act:
10. (b)   a charitable or non-profit organisation that sells secondhand articles or scrap metal, but only if-
11. (i)                 no article, and none of the scrap metal, sold is acquired by the organisation by purchase or for valuable consideration; and
12. (ii)               any proceeds of sale are used solely for the purposes of the organisation:
13. (c)   an internet auction provider:
14. (d)   an agent of the Crown:
15. (e)   any other prescribed person.
16. (5)               Acquiring secondhand articles as trade-ins when selling new goods does not of itself indicate that a person is engaged in business as a secondhand dealer.
17. (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.”

Schedule 1

Articles for purposes of this Act

The following are articles for the purposes of this Act:

1. (a)               bicycles and bicycle spare parts and accessories:
2. (b)               boats, boat engines, and boat accessories:
3. (c)               cameras and photography equipment:
4. (d)               coins, medals, medallions, and military decorations (but not including coins used as legal tender in New Zealand):
5. (e)               compact discs (laser read):
6. (f)                 computer hardware, software, and other computer-related items:
7. (g)               copper in any form:
8. (h)              farm bikes and quad bikes:
9. (i)                 fishing equipment and diving equipment (including wetsuits):
10. (j)                 electric or electronic consumer goods (including whiteware):
11. (k)               games machines and associated games equipment:
12. (l)                 items made of, or substantially made of, gold, silver, platinum, brass, bronze, or any combination of these metals:
13. (m)            jackets and coats:
14. (n)              jewellery:
15. (o)               leather clothing (but not including footwear):
16. (p)               motor mowers:
17. (q)               motor vehicle (including motor cycle) accessories and parts:
18. (r)                 musical instruments other than pianos, and accessories of musical instruments:
19. (s)               optical instruments such as binoculars, microscopes, and telescopes:
20. (t)                 ornamental china and crystal:
21. (u)              portable power tools:
22. (v)               sporting equipment:
23. (w)             sunglasses:
24. (x)               tool sets:
25. (y)               watches and clocks.