Welcome to the first Need-To-Know Update. No images? Click here In this issue we bring you information about; fuel economy labelling regulations - what this means for traders and how to comply, statements that mislead buyers about their rights and recent rulings against traders on ‘as is where is’. How to comply with vehicle fuel economy labelling regulationsFuel economy labels allow buyers to compare the fuel economy of vehicles. If you’re a motor vehicle trader, you are required by law to print labels to display on vehicles for sale and provide fuel economy information on websites offering vehicles for sale. This applies to all light vehicles under 3.5 tonnes being sold, provided the information is available, except for electric vehicles and motorbikes. Failure to comply with the Regulations can result in a penalty of up to $5,000 per offence (vehicle). To check if fuel economy information is available for a vehicle or to generate a fuel economy label, simply enter the vehicle’s details into the EECA Fuel economy label generator. You can use the generator to print labels for multiple cars. You can put the label in a vehicle’s window, on its dashboard, or on an information stand next to the Fuel economy label generator - Te Tari Tiaki Pūngao - Energy Efficiency & Conservation Authority (EECA) For more information on vehicle fuel economy labels, printing a label and correctly displaying fuel economy information visit the EECA website. How to comply - Motor vehicle traders - Te Tari Tiaki Pūngao - Energy Efficiency & Conservation Authority (EECA) Things to keep in mind when advertising a vehicle for saleWhen advertising and selling motor vehicles to consumers it is important that you understand and comply with consumer laws.
For more information, see the Commerce Commission’s tip sheet for motor vehicle dealers. Information for motor vehicle dealers - Te Komihana Tauhokohoko - Commerce Commission New Zealand Motor Vehicle Disputes Tribunal – decisions on ‘as is where is’Ruling has cost trader more than the sale priceA trader who admitted to being unregistered has been found to be in breach of the Consumer Guarantees Act 1993 for failing to uphold guarantee of acceptable quality. Pre-purchase the trader had suggested no mechanical faults for a car that was sold ‘as is where is’ failing to produce a CIN or sale agreement. Within a week of the purchase and not more than 300km later, the car presented with failing transmission as well as engine oil and coolant leaks. Read about the ruling in full. Winder v Symes - Reference No. MVD 248/2019 [2019] NZMVDT 216 (11 October 2019) - Motor Vehicles Disputes Tribunal of New Zealand Breach of the Consumer Guarantees Act will be investigated furtherDecision on ‘as is where is’ – breach of the Consumer Guarantees Act (CGA) will be investigated further. A trader who attempted to avoid its obligations under the CGA, claiming that the vehicle was sold “as is where is” and that the transaction was a private sale when there was a clear pattern of trade, has been instructed to refund the vehicle’s purchase price and pay hearing costs. The case was also brought to the attention of the Commerce Commission and the New Zealand Transport Agency (NZTA) due to the traders actions. Read about the ruling in full. Cooper v Austin MC Limited Reference No. MVD 344/2018 [2018] NZMVDT 262 (15 November 2018) - Motor Vehicles Disputes Tribunal of New Zealand |