Notice Type
Departmental
Notice Title

Authorised Access to the Motor Vehicle Register (Motor Vehicle Traders) Notice 2011

Pursuant to section 241(1) of the Land Transport Act 1998 ("the Act"), the Secretary for Transport gives the following notice.
N o t i c e
1. Title-This notice is the Authorised Access to the Motor Vehicle Register (Motor Vehicle Traders) Notice 2011.
2. Commencement-This notice comes into force on 1 May 2011.
3. Interpretation-
Motor Vehicle Trader has the meaning given to it by section 7 of the Motor Vehicle Sales Act 2003.
Registered Motor Vehicle Trader means a Motor Vehicle Trader registered under the Motor Vehicle Sales Act 2003.
4. Authorised access to names and addresses held on Motor Vehicle Register-A Registered Motor Vehicle Trader may access names and addresses of persons who:
(a) Are currently registered in respect of a motor vehicle; and
(b) Have not instructed the Registrar of Motor Vehicles to withhold their details;
for the purposes specified in paragraph 5, subject to the conditions in paragraph 6.
5. Specified purposes-
(a) To facilitate safety recalls and service campaigns for motor vehicles;
(b) To assist in verifying the person(s) registered in respect of a motor vehicle when the vehicle is being considered for purchase by the Motor Vehicle Trader from another person;
(c) To assist in verifying that change of registered persons has been completed correctly; and
(d) Any other purpose that is necessary to facilitate the sale or purchase of a motor vehicle, other than for marketing purposes.
6. Conditions-
(a) Names and addresses are accessed only by the Motor Vehicle Trader on its own behalf, and solely for its own use;
(b) Names and addresses may only be accessed for a specified purpose;
(c) The fees charged for the provision of the names and addresses from the Motor Vehicle Register (MVR) are duly paid;
(d) Any instances of unauthorised access must immediately be notified to the Secretary for Transport and the Privacy Commissioner;
(e) Before being permitted to access the MVR under section 241 of the Act, all staff must receive training that emphasises that such access must only be for a specified purpose, and refresher training of all staff must be undertaken at appropriate intervals;
(f) Access must be restricted solely to members of staff for whom authorised access is essential to achieving a specified purpose;
(g) The names and addresses obtained under this authorisation shall not be disclosed to any third party unless such disclosure is necessarily incidental to achieving a specified purpose; and
(h) The Motor Vehicle Trader must comply with the Motochek Terms and Conditions, available at
https://motochek.landtransport.govt.nz/mcpro/default.asp?category=mcpro&service=Terms
7. Expiry-This notice expires with the close of 30 April 2016, but may be revoked at any time either generally or in relation to a specific Motor Vehicle Trader.
Dated this 11th day of March 2011.
MARTIN MATTHEWS, Secretary for Transport.