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Privacy Act 2020

 

Annual report

Purpose: To identify people who have imported more than three motor vehicles in a 12 month period and are not registered as motor vehicle traders.

Customs disclosure to MBIE: Customs provides MBIE with the full name, address, contact numbers and a Customs unique identifier of all individuals or entities that have imported more than three vehicles within the previous 12 months.

Compliance: Not operated in 2018/19.


Technical information

Information matching provision Motor Vehicle Sales Act 2003, ss.120 and 121
Year authorised 2003
Year commenced 2004
Programme type Detecting illegal behaviour
Unique identifiers Customs client code


System description
Each month, Customs sends MBIE, by SEEMail online transfer, a file of all individuals or entities who have imported more than three motor vehicles within the previous 12 months. The Customs information includes name, address and contact information of the importer, and details of the vehicles imported.                   

MBIE manually matches the Customs data against the Motor Vehicle Traders Register to identify the status (registered or unregistered) of each person or entity. Unregistered individuals are sent a s.181 notice of adverse action[1]. If no response is received, or no new registration occurs, a second notice is sent advising that the matter may be referred to the Registrar’s National Enforcement Unit for prosecution. 

MBIE also accesses the file from Customs to conduct manual look-ups if a complaint is received. The person who performs the information matching programme is authorised to perform the look-up on behalf of all other investigating staff. A privacy register is maintained to record details of each access to the Customs data, and a summary report of this activity is provided to the Office.

Recent activity
The programme was inactive during 2010/11.

  2012/13   2013/14 2014/15 2015/16
Match runs 12 9 10 6
Entities received for matching 3,964 3,250 6,995 3,499
Entities of interest identified 286 434 325 93
Notices of adverse action sent 415 104 445 119
Registrations as a result of notices
of adverse action
28 25 67 17
Entities referred to the National
Enforcement Unit
9 16 62 41

Successful challenges

  2009/10 2011/12 2012/13 2013/14 2014/15 2015/16
Entities: registered
under another name
1      0      7 8 16 6
Entities: primary
purpose not
financial gain
18 3 57 18 16 3

This programme has not operated since 2016.  MBIE are working with Customs to design a new system.

The utility of this provision was assessed in the report MBIE, IR and NZTA Matches (August 2014) , and subsequently in Accident Compensation Corporation, Department of Internal Affairs, and Ministry of Business, Innovation and Employment (Motor Vehicle Traders Register) information matching (Feb 2020).


[1] For administrative convenience, and for the benefit of corporate persons, a notice is sent to the matched entity whether they are an individual or a corporate body such as a company or a trust.