NEW ZEALAND GAZETTE, No. 29 — 16 MARCH 2017

2017-au1222

Authorised Access to the Motor Vehicle Register (Motor Vehicle Traders – Standard Terms) Notice 2017

Pursuant to section 241 of the Land Transport Act 1998 ("Act"), I, Michael Paul Beedell, Manager Adjudications, NZ Transport Agency, acting pursuant to a delegation from the Secretary for Transport, make the following notice.

Notice

1. Title—This notice is the Authorised Access to the Motor Vehicle Register (Motor Vehicle Traders – Standard Terms) Notice 2017.

2. Commencement—This notice comes into force on 16 March 2017.

3. Access to names and addresses held on the Motor Vehicle Register—A motor vehicle trader who has been authorised to access the Motor Vehicle Register may access names and addresses of persons:

   • who are currently registered in respect of a motor vehicle(s); and
   • who have not instructed the Registrar of Motor Vehicles to withhold their details

   for the purposes specified in paragraph 4, subject to the conditions in paragraph 6.

4. Specified purposes:
   a. To assist in verifying the registered person details in respect of a motor vehicle when purchasing that vehicle;
   b. to check or confirm that a change of registered person has been completed correctly in relation to a transaction in which the motor vehicle trader has a business interest;
   c. in the case of wholesalers only, to obtain names and addresses of persons registered in respect of vehicles that are the subject of a safety recall; and
   d. any other purpose that is necessary to facilitate the sale or purchase of a motor vehicle in relation to a transaction in which the motor vehicle trader has a business interest, other than marketing purposes.

5. Authorisation—A motor vehicle trader is authorised to access the Motor Vehicle Register if the trader:
   a. is a member of a representative body with disciplinary powers which has applied for access to the Motor Vehicle Register on behalf of its members;
   b. is a member of a representative body without disciplinary powers where the individual members have been authorised to access the Motor Vehicle Register; or
   c. has been otherwise authorised to access the Motor Vehicle Register.

6. Conditions
   a. Names and addresses are accessed only by the motor vehicle trader on the trader’s own behalf, and solely for the trader’s 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 are duly paid;
   d. any instances of unauthorised access must immediately be notified to the Registrar of Motor Vehicles (currently the NZ Transport Agency), the Privacy Commissioner, and the individual(s) whose information has been accessed without authorisation or disclosed in breach of these conditions.
   e. before being permitted to access the Motor Vehicle Register 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 (such as annually);
   f. access must be restricted solely to members of staff for whom authorised access is essential to achieving a specified purpose;

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