Pursuant to section 241(1) of the Land Transport Act 1998 ("the Act"), the Secretary for Transport gives the following notice.
N o t i c e
1. Title-This notice is the Authorised Access to the Motor Vehicle Register (Financial Service Providers) Notice 2011.
2. Commencement-This notice comes into force on 1 May 2011.
3. Interpretation-
Insurer has the meaning given to it by section 4 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
Registered Financial Service Provider means a Financial Service Provider registered under section 16(1) of the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
Financial Service Provider has the meaning given to it by section 4 of the Financial Service Provider (Registration and Dispute Resolution) Act 2008.
4. Authorised access to names and addresses held on Motor Vehicle Register-A Registered Financial Service Provider may access names and addresses of persons who:
(a) Are currently registered in respect of a motor vehicle; and
(b) Have not instructed the Registrar of Motor Vehicles to withhold their details;
for the purposes specified in paragraph 5, subject to the conditions in paragraph 6.
5. Specified Purposes-
(a) To check or confirm details where the Registered Financial Services Provider has an existing security interest in the relevant motor vehicle, either in the form of a Personal Properties Securities Register (PPSR) interest or similar security interest;
(b) To assist in verifying the owner of a motor vehicle when assessing an application to provide finance in relation to that vehicle;
(c) If the Financial Service Provider is an Insurer -
(i) To obtain names and addresses of persons registered in respect of vehicles that have been involved in motor vehicle accidents with the Insurer’s clients;
(ii) To obtain name and address details to assist in verifying that payment for claims are made to the owner of the vehicle; and
(iii) For any other purpose that is reasonably required for the purpose of assessing or processing an insurance policy or claim in relation to a motor vehicle.
6. Conditions-
(a) Names and addresses are accessed only by the Financial Service Provider on its own behalf, and solely for its own use;
(b) Names and addresses may only be accessed for a specified purpose;
(c) The fees charged for the provision of the names and addresses from the Motor Vehicle Register (MVR) are duly paid;
(d) Any instances of unauthorised access must immediately be notified to the Secretary for Transport and the Privacy Commissioner;
(e) Before being permitted to access the MVR under section 241 of the Act, all staff must receive training that emphasises that such access must only be for a specified purpose, and refresher training of all staff must be undertaken at appropriate intervals;
(f) Access must be restricted solely to members of staff for whom authorised access is essential to achieving a specified purpose;
(g) The names and addresses obtained under this authorisation shall not be disclosed to any third party unless such disclosure is necessarily incidental to achieving a specified purpose; and
(h) The Financial Service Provider must comply with the Motochek Terms and Conditions, available at
https://motochek.landtransport.govt.nz/mcpro/default.asp?category=mcpro&service=Terms
7. Expiry-This notice expires with the close of 30 April 2016, but may be revoked at any time either generally or in relation to a specific Financial Service Provider.
Dated this 11th day of March 2011.
MARTIN MATTHEWS, Secretary for Transport.