Recent bans – January to May 2023

In 2023, the Registrar has banned 9 persons and recorded a further 11 instances of non-compliance against traders who have failed to comply with an order of the Motor Vehicle Disputes Tribunal (MVDT). The Registrar has also cancelled 2 registrations due to persons being disqualified and imposed 2 bans to unregistered traders.

On 15 February 2023, the Registrar received a complaint that a MVDT order had not been complied with and it was determined that this was a second instance of non-compliance with a MVDT order. Following correspondence with the trader, they were banned from motor vehicle trading for a period of 5 years from 15 February 2023 until 14 February 2028. The ban includes persons concerned in the management of the company and therefore applied to Nabi Limited, Nazifia Khan (director) and Jameel Sidique (CEO). The trader’s registration was cancelled as a result.

Winiata v Nabi Ltd – Reference No. MVD 353/2022 [2023] NZMVDT 8 (27 January 2023) – New Zealand Legal Information Institute(external link)

On 21 March 2023, the Registrar received a complaint that a MVDT order had not been complied with and it was determined that as this was a second instance of non-compliance with a MVDT order. Following correspondence with the trader, they were banned from motor vehicle trading for a period of 5 years from 25 January 2023 until 24 January 2028. The ban includes persons concerned in the management of the company and therefore applied to YGY Motors Limited and Zhidong XU (director).

Talijancich v YGY Motors Limited – Reference No. MVD 357/2022 [2022] NZMVDT 276 (20 December 2022) – New Zealand Legal Information Institute(external link)

Following the successful prosecution for unregistered trading, the Registrar determined that this was a second conviction for Jessie Lee Gettins under section 95(1)(a) of the Motor Vehicle Sales Act 2003 within a period of 10 consecutive years. Following notice being provided, a ban from motor vehicle trading was applied to Jessie Lee Gettins from 19 May 2023 to 18 May 2028.

On 4 August 2023, the Registrar received a complaint that MVDT order had not been complied with and it was determined this was a second instance of non-compliance with a MVDT order. Following correspondence with the trader, they were banned from motor vehicle trading for a period of 5 years from 23 March 2023 to 22 March 2028. The ban was applied to James Brian Bush and Mr Bush’s registration as a motor vehicle trader was cancelled.

Beal v Bush t/a Dynamic Autos – Reference No. MVD 477/2022 [2023] NZMVDT 33 (8 March 2023) – New Zealand Legal Information Institute(external link)

Note: Under the Motor Vehicle Sales Act, a ban has effect for a period of 5 years starting on and from the date of conviction, failure, or matter for which the ban is imposed by the Act.