Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search


Papakura Vehicle Dealer Fined $67,500 Over "as Is, Where Is" Claims And CINs

Auckland motor vehicle trader BNZ JP Euro Auto Parts Limited has been fined $67,500 for misrepresenting consumers’ rights under the Consumer Guarantees Act 1993 (CGA) and for failing to provide Consumer Information Notices (CINs).

BNZ JP Euro had earlier pleaded guilty to six representative charges under the Fair Trading Act 1986, mostly relating to the sale of 77 used motor vehicles between August 2017 and December 2018.

BNZ JP Euro operates a car and truck wrecker business selling automotive parts in Papakura. At the time of the offending, it was also selling low-priced used motor vehicles, which were advertised on Facebook.

BNZ JP Euro offered vehicles for sale on an “as is where is” basis and asked purchasers to sign an agreement acknowledging there was “no warranty implied or given within it”.

“Those statements were misleading, because they suggested that consumers had no rights if something went wrong with the vehicle when in fact the CGA applies to used motor vehicles. Traders cannot evade their responsibilities to provide guarantees and remedies under the CGA by using phrases such as ‘as is where is.’ Where consumers buy vehicles from traders, rather than private sellers, the purchase will always be covered by statutory guarantees, including that the vehicle is of acceptable quality and complies with its description. Any attempt by traders to mislead consumers about their rights is likely to breach the Fair Trading Act,” said Commerce Commission Chair Anna Rawlings.

Ms Rawlings said “this trader’s conduct had real impacts on its customers, some of whom felt they had no redress or remedy for faulty vehicles they bought from BNZ JP Euro and that issues were for them alone to deal with. In four cases we know of, consumers purchased vehicles that required substantial repairs. In at least two of those cases the cost was nearly the same as the purchase price of the vehicle itself".

BNZ JP Euro never offered CINs with the vehicles it sold. BNZ JP Euro pleaded guilty to one representative charge relating to failing to display CINs for 16 vehicles sold between October and December 2018.

It is an infringement only offence and no conviction can be entered for it.

Other similar cases
The Commerce Commission has taken a number of similar prosecutions in recent years:

Consumer Information Notices (CINs)

All used motor vehicles must have an accurate and complete

Consumer Information Notice

when displayed for sale by a used motor vehicle trader. If buying online, the CIN must be displayed by the advertisement for that vehicle.

© Scoop Media

Business Headlines | Sci-Tech Headlines


TradeMe: Property Prices In Every Region Hit New High For The Very First Time

Property prices experienced their hottest month on record in December, with record highs in every region, according to the latest Trade Me Property Price Index.\ Trade Me Property spokesperson Logan Mudge said the property market ended the year with ... More>>

Motor Industry Association: 2020 New Vehicle Registrations Suffer From Covid-19

Chief Executive David Crawford says that like some other sectors of the New Zealand economy, the new vehicle sector suffered from a case of Covid-19. Confirmed figures for December 2020 show registrations of 8,383 were 25% ... More>>

CTU 2021 Work Life Survey: COVID And Bullying Hit Workplaces Hard, Huge Support For Increased Sick Leave

New data from the CTU’s annual work life survey shows a snapshot of working people’s experiences and outlook heading out of 2020 and into the new year. Concerningly 42% of respondents cite workplace bullying as an issue in their workplace - a number ... More>>

Smelter: Tiwai Deal Gives Time For Managed Transition

Today’s deal between Meridian and Rio Tinto for the Tiwai smelter to remain open another four years provides time for a managed transition for Southland. “The deal provides welcome certainty to the Southland community by protecting jobs and incomes as the region plans for the future. The Government is committed to working on a managed transition with the local community,” Grant Robertson said. More>>


OECD: Area Employment Rate Rose By 1.9 Percentage Points In The Third Quarter Of 2020

OECD area employment rate rose by 1.9 percentage points in the third quarter of 2020, but remained 2.5 percentage points below its pre-pandemic level The OECD area [1] employment rate – the share of the working-age population with jobs – rose ... More>>

Economy: Strong Job Ad Performance In Quarter Four

SEEK Quarterly Employment Report data shows a positive q/q performance with a 19% national growth in jobs advertised during Q4 2020, which includes October, November and December. Comparing quarter 4, 2020, with the same quarter in 2019 shows that job ad volumes are 7% lower...More>>

NIWA: 2020 - NZ’s 7th-warmest Year On Record

The nationwide average temperature for 2020, calculated using stations in NIWA’s seven-station temperature series which began in 1909, was 13.24°C (0.63°C above the 1981–2010 annual average). New Zealand’s hottest year on record remains 2016, when... More>>

Quotable Value New Zealand: Property Market Set To Cool From Sizzling To Warm In 2021

Nostradamus himself could not have predicted the strange series of events that befell our world in 2020 – nor the wild trajectory of New Zealand’s property market, which has gone from “doom and gloom” to “boom and Zoom” in record time. Even ... More>>