New Zealand Law Society - Banned motor vehicle trader receives maximum fine

Banned motor vehicle trader receives maximum fine

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The Ministry of Business, Innovation and Employment (MBIE) says Brett Collins has received the maximum penalty of $50,000 for continuing to trade motor vehicles while banned, his sixth fine for unlawful motor trading.

Mr Collins was found guilty of selling eight vehicles while banned from participating in the business of motor vehicle trading.

MBIE says that noting his repeated recidivism, Judge Russell Collins imposed the maximum fine of $50,000, under section 118 of the Motor Vehicle Sales Act 2003. Mr Collins appealed the fine, and the High Court dismissed the appeal on 6 September 2016.

"Mr Collins knowingly broke the law on numerous occasions by continuing to sell cars while banned from registering on the Motor Vehicle Traders register," says the Registrar of Motor Vehicle Traders, Stephen O'Brien.

"Between 2001 and 2014 Mr Collins received five convictions and fines for selling motor vehicles when not registered as a trader and for trading while banned. As a consequence of his previous convictions, Mr Collins is currently banned from participating in the business of motor vehicle trading.

"This latest fine reflects Mr Collins' repeated and intentional flouting of the law for commercial gain; a compelling factor for the Judge to impose the maximum penalty for individuals of $50,000.

"The Motor Vehicle Sales Act is there to protect consumers by ensuring traders abide by certain conditions – such as not being banned from motor vehicle trading or being bankrupt – and requires traders to provide purchasers with information and also allows recourse through the Motor Vehicle Disputes Tribunal."

"Consumers can check their trader is registered on the Motor Vehicle Traders Register to ensure they have protection should there be issues with the vehicle," Mr O'Brien says.