Industry Leaders at Loggerheads over ESC - Autofile

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Industry Leaders at Loggerheads over ESC - Autofile
10 June 2010                                                                                      The voice of the auto industry

Industry Leaders at
Loggerheads over ESC
The respective Associations          vehicle fleet one of its priorities,     it has the potential to reduce          of the New Zealand environment.
representing the new car and         and considers ESC to be an               deaths and serious injuries                 Electronic stability control is
used import markets are in sharp     important part of this.                  anywhere up to 60 percent,              becoming mandatory for new
disagreement over the suggestion         It suggests ESC be made              with averages around 30-35              cars in an increasing number of
that electronic stability control    mandatory for all new cars entering      percent. From the New Zealand           countries, including Australia from
(ESC) be made mandatory in used      the fleet from 2014, and then all used   point of view we believe those          2011. However New Zealand light
imports from 2015.                   imports the following year in 2015.      savings will be even greater, due       vehicle fleet constitution is unique
    The benefits of making ESC           According to Perry Kerr, Chief       to our roading network, which           with used-imports making up over
compulsory are discussed in the      Executive Officer of the Motor           is fundamentally a two-lane             half the light vehicle market.
Government’s Safer Journeys,         Industry Association, there is no        highway with no median barrier.             Evidence suggests that levels of
the national road safety strategy    doubt ESC would reduce accidents         You’re going to save cross-overs        ESC differ widely between the new
for 2010-2020. While the             and fatalities. “ESC is a feature that   in terms of losing control, for         and the used markets.
Government’s road safety policy      is recognized in the car industry        example on a corner, which could            According to Kerr, levels of
focuses mainly on improving          globally as offering significant         potentially result in the car hitting   ESC in new cars are already high.
drivers and roads, it also makes     safety benefits.                         someone coming the other way,           “12 months ago we were at 65-70
improving the safety of the light-       “Overseas studies show that          even more so we believe in terms        percent, we’re probably running
                                                                                                                                        continued on page 6

May Sales Remain Steady
Both new and used passenger          last year’s monthly figures.             units which is 14 percent on the           The used passenger market
car sales achieved good results in      The 4,616 new passenger               same period 2009. This is now           recorded even stronger sales,
May, sales figures show.             vehicle registrations in May was         slightly ahead of the industry          with 7,381 units a 41 percent
   And with sales of light           a 16 percent improvement on              projection – so we are very happy       improvement on May last year. Year
commercial vehicles also strong,     May 2009.                                with these results,” says Perry Kerr,   to date used passenger sales are at
the industry recorded its 5th           “For the first five months new        Chief Executive Officer of the Motor    35,823, a 42 percent improvement
consecutive sales increase on        car registrations totalled 24,496        Industry Association.                   on the same period last year.
                                                                                                                                       continued on page 17

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Industry Leaders at Loggerheads over ESC - Autofile
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Industry Leaders at Loggerheads over ESC - Autofile
editor’s note

Aging fleet a cause
for concern                                                                Editor
                                                                           Stian Overdahl
                                                                                                                      Subscriptions
                                                                                                                      subs@autofile.co.nz
                                                                           editor@autofile.co.nz                      Free phone 0508 288 863
                                                                           021 247 7782                               Fax 03 4772758
                                                                                                                      PO Box 6222,
                                                                           Advertising                                Dunedin 9059
                                                                           Brian McCutcheon
                                                                           brian@autofile.co.nz                       Administration
                                                                           Free phone 0508 288 863                    admin@autofile.co.nz
                                                                           021 455 775                                Free phone 0508 288 863
                                                                                                                      Fax 03 4772758
                                                                           Staff Writer & Motorsport                  PO Box 6222,
                                                                           Mike Stock                                 Dunedin 9059
                                                                           mikestock@xtra.co.nz
Electronic stability control              The report on the most recent                                               Publishing Company
and vehicle scrapping schemes         trial claims such a scheme to be     Designer                                   4 Media Limited
– the two opposite ends of the        costly, and without sufficient       Adrian Payne                               PO Box 6222,
light vehicle fleet.                  benefit.                             arpayne@gmail.com                          Dunedin 9059
    Questions of standards                 Yet that claim appears
for vehicles entering the new         premature, for only a small          Copyright: Published weekly by: 4Media, PO Box 6222, Dunedin 9059
fleet aside, everyone can agree       portion of the trial was used to     Distributed to all autofile subscribers. All statements made, although based on
                                                                           information believed to be accurate and reliable, cannot be guaranteed, and no
that the average age of New           pay for the scrapped cars, and       liability can be accepted for any errors or omissions. Reproduction of autofile in
Zealand’s light fleet is too high.    most of the cost came from           whole or part, without written permission, whether by xerography or any other
    Unfortunately this problem is     advertising the trial.               means, is strictly forbidden. All rights reserved.

only going to get worse before it          Only 20 percent went
gets any better.                      towards the scrapping incentive,
    Data shows that in 2008,          with two-thirds of the total cost
one third of the vehicles in the      paying for its advertising. These
light fleet had model years of        costs seem disproportionate to
between 1995 and 1997.                the length of the trial, which was
    According to the Ministry         only three and a half weeks.
of Transport’s report on the              If this were a national
2009 vehicle fleet statistics,        incentive, advertising costs
the 1996 year-of-manufacture          would not be divided by the
peak in the New Zealand fleet         number of cars scrapped in a
is a direct consequence of the
Frontal Impact Standard, which
                                      matter of weeks, but across
                                      several years.                                                          Your IT
                                                                                                              vendor
had the effect of restricting             This would be money spent
used car imports to vehicles          on a significant investment in
manufactured during or after          safety on our nation’s roads, and
1996 (and some older vehicles
that met the standard).
                                      it would also have favourable
                                      environmental consequences by                                        thinks one
    The report notes that as these
mid-1990s vehicles age, there
will be a significant effect on the
                                      removing many of the most-
                                      inefficient light vehicles.
                                          While a heavily subsidized
                                                                                                         size fits all?
age of the fleet.                     ‘Cash for Clunkers’ style scheme     Technology Solutions for Industry
    The actual effect will depend     would not work in the New            As New Zealand’s leading developer of specialist automotive business
on future vehicle imports and         Zealand environment, if the          software systems, we’ll give you the right solution for your operation.
scrappage patterns.                   Government is serious about          Whether you are the smallest workshop or the largest dealership we have
                                                                           your next solution, and you won’t be forced into a system intended for
    Ostensibly the two vehicle        road safety and reducing             someone smaller, larger or just plain different. We’ve been developing
scrapping trials, conducted in        emissions it needs to develop a                        systems for businesses just like yours for over 25 years.
Auckland in 2007 and more             coherent plan for speeding up                              Call us to discuss your needs and to learn how we
                                                                                                    can give you more control with less effort.
recently in Christchurch and          the removal of old cars from the
                                                                                                        Specialist Business Management Systems from TSI:
Wellington, are intended to           light vehicle fleet.                                               Orion, Autoline, Midas, Wasp, SAM
provide policy-makers with                                                                               CONTACT: Paul Wilkinson - Business Development Manager
information about the viability of    Stian Overdahl                                                     Phone: 09 583 2451 Mobile: 0274 475 514
                                                                           (formerly Systime)           Email: paul.wilkinson@tsinz.co.nz
a vehicle scrapping scheme.           Editor

                                                                                                                                      www.autofile.co.nz | 3
Industry Leaders at Loggerheads over ESC - Autofile
news

Officials to Consult with Industry Over
Implementation of Emissions Trading Scheme
Ministry of the Environment          stationary energy and liquid           report on their full calendar         within the provisions of the
(MfE) representatives are            fossil fuels, resulting in a rise in   year’s activity by 31 March,          ETS that all carbon credits
meeting with vehicle importers       prices for petrol and electricity.     and surrender the appropriate         must be surrendered after the
to discuss how the Emission             However waste and                   number of carbon credits by           year’s reporting. Importers are
Trading Scheme (ETS) can be          synthetic gasses will face an          31 May. While reporting will be       hoping the Government will
implemented, says Imported           impost from 2013, and this will        mandatory in 2012, importers          recognize the impracticable
Motor Vehicle Industry               include the refrigerant gasses         will not have to surrender carbon     nature of the ETS, and exempt
Association (IMVIA) chief            in vehicle air-conditioning            credits until 31 May, 2014, based     the synthetic gasses in motor
executive David Vinsen.              systems.                               on their 2013 activity.               vehicles from the scheme.
   “I’ve put together some              While no exact costs are yet           It is this payment structure          The current consultation
people for them to consult           known, and will be dependent           that has drawn fire from              process concerns the
with, and they’re going to be        on the price of carbon when            those in the industry, who            most appropriate way of
meeting with some of the major       any credits are surrendered,           say it is impossible to expect        implementing the ETS. Possible
players in the import field in the   the ballpark figure is between         a business to be able to pay          options for calculating the
coming days. They’re looking         $30 and $50 per used import            credits for vehicles imported         amount of synthetic gasses
to determine the best way of         car. New cars have more                in the year previously, and           imported include a database
implementing the ETS, if they        efficient air-conditioning             that any collection must take         of vehicle models with the
proceed with it.”                    systems, and so use less               place at the border, when the         data, or calculating the average
   From July 1 the ETS will          synthetic gasses.                      vehicles enter the country.           amount of gasses for a car’s
introduce a carbon levy on              Importers will have to                 However it is prescribed           year of production.

        The New Zealand Emissions Trading Scheme

        Call for submissions on calculating emissions liability and
        removals entitlements from synthetic greenhouse gas activities

        The Ministry for the Environment is consulting on regulations for calculating synthetic greenhouse gas emissions and
        removals for the purposes of determining liabilities and entitlements under the Emissions Trading Scheme (NZ ETS), as
        well as thresholds and exemptions in relation to the gases.
        Persons who import or manufacture synthetic greenhouse gases and do not meet the criteria for exemption will enter the
        NZ ETS with voluntary reporting from January 2011 and be fully included from 2013. Persons who export or destroy
        synthetic greenhouse gases may be eligible to join the NZ ETS with voluntary reporting from 1 January 2011 and be fully
        included from 2013.
        Synthetic greenhouse gases covered by the NZ ETS are hydrofluorocarbons, per fluorocarbons and sulphur hexafluoride.
        They have specialist uses in air conditioning and refrigeration systems, aerosols and in electricity transmission.
        Submissions close on 23 July 2010 at 5pm.

        To find out more and make a submission, visit www.climatechange.govt.nz or call 0800 CLIMATE (0800 254 628).

                                             www.climatechange.govt.nz/ets                          0800 CLIMATE (0800 254 628)

4 | www.autofile.co.nz
Industry Leaders at Loggerheads over ESC - Autofile
news

Vehicle Scrapping Trial Not Up to Scratch
A Ministry of Transport report          collected during the trial, although     been fitted with them when built.         per each of the 122 vehicles that
on a vehicle scrappage trial in         only 122 of these met the trial’s        Around 70% of the imported                met the trial criteria was $1,240.
Christchurch and Wellington             criteria of being operable, and          Japanese vehicles had had their               The final breakdown of the trial,
concluded that scrappage schemes        holding a Warrant of Fitness, or         catalytic converter removed,              the total cost of which was $150,361,
do not deliver a satisfactory result    being within two months’ of the          while the catalytic converters            showed that $30,000, or 20%,
for the amount of money spent.          WoF expiry.                              still remaining were found to still       was paid out in the form of public
    New Zealand’s light vehicle             The average age of the               be working well. These findings           transport passes, while $100,000 was
fleet is one of the oldest in           vehicles collected was 20 years,         mirrored the results of the 2007          spent on advertising, $18,500 on the
the developed world, with an            and the average mileage was              Auckland scrappage trial.                 new Toyota Corolla, and $2,700 was
average age of around 12.9 years        214,500 kilometres.                           Safety features in the late-age      spent on emissions testing.
(December 2009). By comparison,             A survey conducted among             vehicles were minimal. Only two               As the report notes, the trial
the average age of a light vehicle      participants discerned some              of the 122 vehicles examined were         could have continued longer for
in the Australian fleet at the same     variation in their views of their        fitted with airbags; and only one         than the three and a half weeks
time was 9.7 years.                     vehicles in relation to scrapping.       car had ABS braking.                      with little extra cost. However it
    The vehicle scrappage trial was     Almost half said that they would              Around half of the participants      was unable to do so, due to the
designed to encourage and speed         have sold the vehicles in the            had indicated that they would have        terms and conditions of the raffling
up the removal of old vehicles          absence of the trial, while a            attempted to sell their vehicles had      of the Toyota Corolla.
from the fleet.                         similar amount said they would           they not scrapped them. While this            In addition to information
    The trial ran for three and a       have scrapped their cars anyway.         removed a number of high-age              gleaned about the state of the
half weeks in May 2009, and was         Over half believed that their            vehicles from the road, the report        oldest vehicles in the fleet, the trial
a follow up to a 2007 scrappage         vehicle had a value greater than         concluded that the results did not        concluded that there is a general
trial conducted in Auckland.            that offered in the trial (the $250      justify the high cost of the trial. The   lack of public awareness about
Scrappers were rewarded with a          public transport credit), while 25%      total per-vehicle cost across all 349     how to safely dispose of unwanted
$250 public transport credit for        believed it would have cost money        vehicles was $430, while the cost         vehicles, and the cost of doing so.
their region, as well as a chance       to scrap the car. Participants in
to win a new Toyota Corolla. The        the Wellington region tended to
trial was heavily advertised, and       have an inflated view of their car’s
media outlets including The Edge        value, while those in Christchurch
radio station ran promotions            estimated lower.
publicizing the trial.                      Another aspect of the trial
    Two scrap metal firms,              was gathering information about
Wellington Scrap Metals and             vehicles in the tail-end of the fleet.
Metalcorp NZ of Christchurch, were      Consistent with vehicle age, more
selected to participate in the trial,   than 60% of the vehicles collected
both of whom offered guarantees         had carburettored engines.
that no part of any vehicles                The absence of a catalytic
scrapped in the trial would end up      converter was also notied in
back in the fleet.                      many of the Japan-manufactured
    In all, 349 vehicles were           vehicles, all of which would have

                                                                                   Trans Future 5 Voyage 41
                                                                                            Osaka 7 June, Nagoya 8 June, Kawasaki 12 June,
                                                                                     Auckland 30 June, Lyttelton 2 July, Wellington 3 July, Nelson 4 July.

                                                                                   Trans Future 6 Voyage 38

IMVIA elects 2010/11 executive                                                            Osaka 21 June, Nagoya 22 June, Kawasaki 26 June,
                                                                                   Auckland 15 July, Lyttelton 17 July, Wellington 18 July, Nelson 19 July.

    The IMVIA has elected its           Lloyd Wilson, Colin Nichols and            Trans Future 7 Voyage 38
2010/11 executive, at its North         Martin Harcourt.                                     Osaka 5 July, Nagoya 6 July, Kawasaki 10 July,
Island and South Island AGMs.              Out-going member Paul
                                                                                  Auckland 28 July, Lyttelton 30 July, Wellington 31 July, Nelson 1 August.
    The new executive consists of       O’Connor was thanked for his hard
Graeme Macdonald, David Weir,           work during his term.

                                                                                                                                         www.autofile.co.nz | 5
Industry Leaders at Loggerheads over ESC - Autofile
cover story

continued from page 1

Industry Leaders at Loggerheads over ESC
now 75-80 percent I would                                 36 hour period at the Ports of
think, in terms of it as basically a                      Auckland, checking each vehicle
mandatory fitment on passenger-                           for the presence of ESC, by turning
type vehicles and their derivatives.                      the ignition on without starting
They’ve moved on from having it                           the engine, and visually checking
as an option, to having it as just a                      for whether an ESC warning light
standard part of the build. Probably                      appeared, as well as the presence
80 percent of the new vehicles                            of an ‘ESC off’ button.
sold in New Zealand have it as a                              The survey showed ESC to be
standard feature.”                                        present in slightly less than seven
    However a recent study                                percent of the used cars being
suggests that ESC features                                imported. However this number                                           David Vinsen                                Perry Kerr
at much lower levels in used                              was skewed by a small number of
imports. In November 2009 a                               non-Japanese cars, in which ESC                increasingly common in all new          available in 2015 for us to buy five
report on the presence of ESC in                          was present in around 40 percent.              cars world-wide, uptake in the          and six year old cars with ESC. It’s
used imports was prepared by                              The presence of ESC in Japanese                Japanese domestic market has            just a physical impossibility.
StratCon Partnership Limited,                             imports was calculated at 3.23                 been substantially lower than in            “If it was made mandatory in say
a fleet consultant company, for                           percent; of the 1922 Japanese cars             the rest of the world. Sweden and       two years time, the new car guys
the Accident Compensation                                 surveyed, only 62 had ESC.                     Germany had figures of 98 and           would just specify it and that would
Corporation (ACC) and the Ministry                            This low figure is a reflection            81 percent respectively for ESC         be that, they would just have to put
of Transport (MoT).                                       of the frequency of ESC in                     in new cars sold in 2008, while         their costs up. They could do it. But
    StratCon surveyed                                     Japanese cars built for domestic               the figure for Japan was just           of course you can’t retrofit it to five
approximately 2000 cars over a                            consumption; while ESC is                      19 percent, up from 14 percent          year old cars in Japan.”
                                                                                                         in 2007. The average across all             Vinsen believes that if ESC
                                                                                                         European countries for ESC in new       were made compulsory for
                                                                                                         cars was 55 percent in 2008, up         used imports, the net effect for
          Porsche Technical Support & Training                                                           from 50 percent in 2007.                road safety would be negative.
          • Rare Industry Opportunity                                                                        Nevertheless Kerr believes          “Research done by the New
                                                                                                         that the importance of ESC as           Zealand Institute for Economic
          • Wide-ranging and diverse role
                                                                                                         a safety feature makes a strong         Research (NZIER), commissioned
          European Motors Limited is responsible for the importation and distribution of Porsche
                                                                                                         case for making it mandatory. “It’s     by the IMVIA and the Motor
          vehicles, parts and providing aftersales support in New Zealand for all elements
          relating to the brand.                                                                         a significant safety feature, and       Trade Association (MTA), showed
          To further enhance our after sales support, Porsche New Zealand is seeking a highly            unless you put it into the used         that when you impose these
          motivated individual to fulfi l the role of Porsche Technical Support and Training. This is a   import fleet, then fundamentally        sorts of restrictions –particularly
          pivotal role in continuing the development of customer service for the Porsche marque.
                                                                                                         it won’t find its way through to        around exhaust emissions, but
          The role includes:
                                                                                                         the average motoring public. And        the principle maintains – that if
          • Technical and Service Support
          • Development and delivery of Technical Training
                                                                                                         certainly since the companies           restrictions are imposed it limits
          • Warranty system administration                                                               started fitting electronic stability    the numbers of fresh vehicles
          • Manage special tool requirements                                                             control to the majority of the New      coming into the fleet, so the fleet
          • External service provider liaison                                                            Zealand new vehicles, we’ve been        will naturally get older.
          • Porsche Motorsport Technical Support
                                                                                                         saying to the officials that we             “In fact, the ESC suggestion
          As a highly motivated and skilled individual, you will possess the following experience        really need to get New Zealand          is completely at odds with the
          and qualifi cations:
          • Appropriate motor industry technical qualifi cation
                                                                                                         into the 21st century.”                 Ministry of Transport’s other
          • Extensive technical product knowledge                                                            Imported Motor Vehicle              proposal, which is to get the age
          • Aftersales experience in workshop management and organisation                                Industry Association (IMVIA) Chief      of the fleet younger. And if you
          • Training skills                                                                              Executive David Vinsen believes         can work on getting the age of
          • Well developed communication skills
                                                                                                         any suggestion of making ESC            the fleet younger, you get a whole
          • Ability to work within a small team environment
                                                                                                         compulsory on used imports to be        lot of benefits, not just specifically
          If you believe you have the necessary skills and experience to take on this unique
          opportunity, please apply in writing by email with an attached CV to:
                                                                                                         without merit. “In terms of making      ESC, you get environment, health
          Erik Waanders: ewaanders@porsche.co.nz                                                         it mandatory from 2015, the key         and safety, a range of different
          Applications close 26 June 2010                                                                point is that there will not be a       improvements.”
                                                                                                         pool of vehicles available in Japan         Kerr disputes the claim that
                                                                                                         to draw from. They’re not making        import restrictions would lead to
                                                                                                         and selling sufficient vehicles         an older fleet. “We totally disagree
13651AF

                                                                                                         into their domestic fleet now, and      with that, [the IMVIA] may say
                                                                                                         in the last couple of years, to be      that, but fundamentally there’s no

6 | www.autofile.co.nz
Industry Leaders at Loggerheads over ESC - Autofile
news

                                                                                                              Electronic Stability Control is the generic term
                                                                                                              for computerized systems that detect a loss
                                                                                                              of driver control, and help to ‘steer’ the car to
                                                                                                              where the driver intended to go.
                                                                                                                  ESC has a variety of manufacturer-
                                                                                                              specific names, including Electronic Stability
                                                                                                              Programme (ESP), Vehicle Dynamic Control
                                                                                                              (VDC), Dynamic Stability and Traction Control
                                                                                                              (DSTC), as well as others.
                                                                                                                 The Mercedes-Benz A Class gained
                                                                                                              notoriety after a Swedish journalist managed
                                                                                                              to roll it in the Moose test (swerving to avoid
                                                                                                              an obstacle) while travelling at 37 km/h.
                                                                                                              Mercedes-Benz recalled all versions it had
                                                                                                              sold and retrofitted them with ESC, the first
                                                                                                              use of the technology in a small car.

proof of that at all. In fact if you      buy the vehicles they want.             result in a significant reduction      their current vehicles – thereby
look at the changes in registration,      Manufacturers and distributers          in the volume of used imported         defeating the whole aim of
they continue on, we change               in New Zealand should continue          vehicles. This would be at the         increasing the safety levels of the
vehicles every three years on             to specify their vehicles to higher     expense of cars that have safety       overall fleet.”
average. The numbers aren’t and           and higher standards.                   equipment such as airbags, ABS,            Whether the Safer Journeys
haven’t been influenced by things              “If it went ahead as in the        EBD and the like already fitted.       discussion document is converted
like the emissions standards, it’s        discussion document, and it were            “Owners wanting to upgrade         into a solid policy proposal remains
just a rubbish story that the IMVIA       made compulsory from 2015,              would find they had little choice      to be seen. However the positions
like to run. There’s no factual proof     it would just stop all of used          in terms of what they could            of the two Associations are already
to that story at all, it’s just totally   imports, which would mean a             upgrade to, and thus remain in         well defined.
false and misleading.”                    huge loss of not only jobs and
    Nor does Kerr believe that were       businesses, but it would also

                                                                                       ShiPPing
ESC to be made mandatory, used            mean that the New Zealand
car importers would have to much          public would be stuck with the
trouble finding stock. “There is          stock which is currently in the
stock over there, they’d just have        country at that time, and the fleet          new & uSed vehicleS
to be more choosy about what              would get older and less safe at a
they pick. 15 years ago they were
pointing the finger at the new
                                          very fast rate.”
                                               The Motor Trade Association            “door to door”
vehicle industry, for how great
they were with air conditioning
                                          does not believe that ESC should be
                                          made mandatory, says Marketing                Worldwide
units and electric windows. Well          and Communications Manager
now we’re saying, ‘here’s a safety        Ian Stronach, “MTA considers that         from USA, UK, Singapore, Hong Kong,
feature that basically should be in       the mandatory fitment of ESC to                  Japan, Australia, Dubai
all vehicles, so get real’.               all new cars is something that the
    “It’s not us saying it either, it’s   manufacturers themselves need                                      to NZ or...
the Government saying it. The             to decide across their current and         Contact us today to see how we can provide
import industry will basically            future model ranges. Like most              a Top Quality Service at Competitive Prices
have to come forward, they’re             safety features, it’s likely that ESC
purchasing vehicles that are eight        will, over time, become a standard        nOw iS The TiMe to take Advantage of the High
or nine years old on average,             feature anyway.”                           Exchange Rate and Buy Yourself that Dream Car
they’re just going to start having to
purchase newer stock.”
                                               On the potential consequences
                                          of ESC being made compulsory
                                                                                                  You DESERvE iT!
    However Vinsen disagrees.             for used imports, the MTA hold
“This is just Perry Kerr, and his         a similar position to the IMVIA.
foreign-owned new vehicle                 Says Stronach, “We do not believe
manufacturers up to their                 it is in the best interests of New
old tricks again, trying to use           Zealand motorists for ESC to be
a Government proposal for                 mandatory on all used imports. We                              Contact Joe:
market domination for their               understand it has a low call up             +64 9 303 0075 or 021 968 694
own products. It would be anti-           rate for new vehicles in Japan,              email: joe@mmnz.biz • website: www.mmnz.biz
competitive. The market should            meaning fewer vehicles eligible                 8 Farnham Street, Parnell, Auckland
dictate, and people should                for import and in turn likely

                                                                                                                                        www.autofile.co.nz | 7
Industry Leaders at Loggerheads over ESC - Autofile
news

Perceived efficiency gets buyers’ nod
New car buying patterns have                 “Large cars now form the           what the whole of the package           manufacturer and distributor
shifted dramatically since 2004,        smallest segment of the market.         means to your organization. I           profit levels, particularly for those
according to the Motor Trade            This is a dramatic turnaround in        think there’s been a whole lot          brands that are more dependent
Association (MTA).                      just a six year period, and one         more consideration given to that,       on sales from this segment.
    Segmentation data released          few would have been forecasting,        and therefore people are making             Nevertheless, at the same
by the association show that            at least not to that extent,” says      far better sourcing decisions           time some manufacturers have
medium (2.0-3.0-litre) and large        Stronach.                               about the vehicles that ultimately      positioned themselves well to
cars (3.0-litre and above) have              New vehicle sales dropped          fit their organisation.”                take advantage of the shift.
lost significant market share,          across the recession, as                     With sustainability an                 Todd McDonald, General
while small (1.3-1.5-litre) and light   businesses deferred fleet               important part of corporate             Manager of Kia Motors New
(1.6-2.0-litre) cars have gained.       upgrades. Downsizing fleet cars         image, smaller cars can                 Zealand, recognizes that
    According to MTA Marketing          was another consequence of the          also establish a company’s              significant changes in the past
and Communications General              downturn, says Jack Gordon-             environmental credentials,              five years have impacted on car
Manager, Ian Stronach, several          Crosby, General Manager of              believes Gordon-Crosby.                 buyers’ decisions in New Zealand.
factors beyond petrol price             GBS Supplycorp, a procurement                “The banks are a really                However he believes that the
increases have influenced               service-provider.                       good example. They used to              growth in popularity of small cars
buying patterns.                             “The move to smaller cars is       buy Maximas, Falcons and                is a result of more than just fuel
    “Once the price of oil started      a definite trend, and has been          Commodores, now they’re buying          prices, citing improved safety and
its upward march in mid-2004, it        on-going. With the downturn,            things like the Hybrid Prius, the       design as important factors.
was clear to most in the industry       companies put the brakes on, with       diesel Mondeo, and the diesel               “It used to be said that you
that larger would progressively be      fleet sales dropping 30 – 35 percent.   Skoda Octavia.                          couldn’t sell a small car in this
replaced by smaller. What’s actually         “It’s slowly picking up, but            “Banks are always trying           country because new car buyers
occurred since then has been more       it’s not a massive pick-up. And         to leverage off those sorts of          were only interested in larger
complex than that, and thrown up        purchasing of large 3-4 litre           things, to create a greener more        models, but that has changed
trends and patterns that we doubt       vehicles has definitely had a big,      sustainable image, that they’re         for good.
anyone saw coming.”                     big slowdown.                           doing the right thing for the planet.       “The reasons have not just
    The current market                       “There is a higher consideration        “And it’s not unique to            been about the cost of fuel and
segmentation guidelines for new         for cars that are diesel, high-         the banks. All fleet operators          the purchase price of the vehicle
vehicles were introduced in April       efficiency petrol engines, or just      are being a lot more savvy              itself, but also in key changes to
2004. Since that time, the price of     generally anything that is more         about what it is that they’re           the vehicles themselves.
petrol has risen from $1.15 a litre     efficient to run.                       buying, because ultimately if               “One of the biggest changes
for 91-octane to $1.77, a rise of            “It’s both a question of the       they’re buying cars that are old        has been the improvement in
close to 55 percent.                    initial cost of the vehicle, and        technology or not purely efficient      safety standards, whereby small
    Though large cars comprised         the long-term running costs.            or safe, that’s going to have an        cars now have the same sort of
24 percent of total new car sales       But it’s more than that really, it’s    impact on their bottom line.”           technology and protection that
in 2004, in the first four months       the whole of life approach, you              As the MTA notes, with larger      used to be found on larger and
of this year they made up only 14       shouldn’t purchase something            cars tending to be much more            more expensive cars.
percent. The medium segment             purely on its purchase price or the     profitable than smaller vehicles,           “Kia Motors was among the first
has dropped from 18 percent in          discount someone’s giving you.          the consequent fall in popularity       to introduce Electronic Stability
2004, to 14 percent this year.               “You should be considering         can have a flow-on impact on            Control and multiple airbags

                          Ken Worsley

                                        Vinz delivers outstanding
                                        Increasing used import                  modest increases in the group’s            Chairman Ken Worsley says
                                        arrival numbers in the second           retail WoF and CoF services,            this is a sharp contrast to the
                                        half of the financial year              helping to deliver a better than        previous year’s loss of $615,000
                                        contributed greatly to a turn           expected result.”                       and very pleasing for the
                                        around for Vehicle Inspection              In its annual report released        directors in Vinz’s first year as
                                        New Zealand (VINZ).                     this week, VINZ reported a 12           an investor owned company.
                                           General Manager Frank                percent revenue increase to                In June 2009, Vinz changed
                                        Willett says that arrival               year end 31 March, helping the          from a co-operative company to
                                        volumes rose dramatically               company achieve a net profit            become investor owned.
                                        from September – adding to              after tax of $1,112,000.                   Worsley says the result was

8 | www.autofile.co.nz
Industry Leaders at Loggerheads over ESC - Autofile
news

              Segment as % of New Passenger Market
35%

                                                                                development of the SUV in recent        lot of people, especially in New
30%
                                                                                years has made growth in the            Zealand’s aging population, it’s
                                                                                segment a global trend.                 a lot easier to get in and out of a
25%                                                                                  “The ordinary, low-ratio, bush-    small SUV than it is to get out of
                                                                                bashing SUV is dying out, and is        a low-slung car. So it’s versatility
                                                                                being replaced by a more efficient      more than anything else.
20%
                                                                                version, which has got 4WD, but              “There’s also a perception that
                                                                                it doesn’t have low-ratio, it has       they’re safer and stronger, which
15%                                                                             electronic add-ons that make it a       isn’t necessarily the case, but
                                                                                little bit off-road capable.            perception is everything.”
                                                                                     “These new vehicles are not             As Oxley notes, SUVs are
10%                                                                             nearly as heavy on fuel as the old      ubiquitous in the more upmarket
                                                                                ones, they are usually about as         suburbs in New Zealand as well
 5%
                                                                                good on fuel as a big sedan or          as around the world. “Fashion
                 Light       Small       Medium          Large          SUV
                                                                                station wagon.                          obviously comes into it as well,
                                                                                     “The other thing is that they’re   it’s hugely fashionable to have an
 0%                                                                             very user-friendly for families.        SUV. It’s not just New Zealand, it’s
         2004       2005     2006      2007       2008     2009        04/10    A lot of them have seven seats,         Cape Town, London, even Paris.”
                                                          Supplied by MTA       you can pack a lot of luggage,               With efficiency increasing, and
                                                                                people sit high so the kids can         with new smaller SUVs on the
to small cars in New Zealand,             One result that may have              see around. They don’t take up a        market, Oxley expects the SUV
which helped to change the             surprised some, and seems to go          lot of road-space.                      to maintain and consolidate its
consumer’s mindset. We benefitted      against the grain, is the persistent          “Another feature is that for a     current popularity.
considerably from that decision.       popularity of Sports Utility
    “Similarly, when fuel prices       Vehicles (SUVs), which have made
rose, Kia was well-positioned          up more than 25 percent of the
to take advantage with a range         new car market this year. SUV
of fuel-efficient vehicles that        purchases are largely fueled by
matched the expectations and           private buyers, who make up 73
tastes of the new car buyer –          percent of this segment.
we were at the forefront of the           This growth is partially-driven
introduction of high technology        by a lack of used imports stock;
diesel engines in small cars, for      new emissions regulations which
instance.                              came into force at the beginning

                                                                                       Take us for
    “And when the financial crises     of 2008, and increased buying
struck, Kia was already well down      competition in Japan, has seen
the track with a programme to          the number of used imports
redevelop our entire model range
to ensure that we were in tune
with the tough economic times.”
                                       available decline.
                                          John Oxley, editor of 4WD
                                       Magazine, says the technical
                                                                                       a test drive...
                                                                                       We realise not every person fits standard vehicle
                                                                                       finance criteria. That’s why at Avanti Finance we base

result
                                                                                       each application on the client’s individual profile.
                                                                 Frank Willet
                                                                                       Now there’s an alternative to get more customers
                                                                                       on the road with approved finance deals.

assisted by utilisation of tax                                                         So take us for a test drive.
losses not recognised in the                                                           Contact Leyton Mercer
2008/9 year.                                                                           Phone 021 706 215 or 0800 808 058
   “If results were adjusted for
normalised income tax, the profit
would still be a credible $884,000!”
                                                                                      www.avantifinance.co.nz
   A partially imputed final
dividend of 15 cents a share was
paid to shareholders on the 14
May 2010.

                                                                                                                                    www.autofile.co.nz | 9
Industry Leaders at Loggerheads over ESC - Autofile
news

                                                                                                                    News in brief
   Vehicles wanted                                                                                                  Changes to Driver Licensing Fees
                                                                                                                    Driver licensing fees have been changed, correcting what Transport

   Buying now                                                                                                       Minister Steven Joyce says was poor financial oversight by the previous
                                                                                                                    government, with the new fees coming into effect July 1.
                                                                                                                       According to Joyce, the new fees will more accurately reflect
                                                                                                                    the costs of the service. “Driver licensing and testing fees were last
                                                                                                                    reviewed in 2001. Since 2006, the cost of providing the driver licensing
                                                                                                                    and driver testing services has not been met by the fees charged and
                                                                         Paul Curin                                 the gap between revenue and costs has steadily grown.”
                                                                                                                       While fees for 22 services will increase, including sitting learner,
                                                                         0274 333 303                               restricted and full license tests, fees for 19, including the license
                                                                         pcurin@miles.co.nz
                                                                                                                    renewal fee, will decrease. Four fees, including those for drivers aged
                                                                                                                    75 years and older, will remain unchanged.
     We are always looking to purchase                                                                                 In addition, three new fees will be introduced. A license
  news
      NZ NeW cars aNd commercials                                                                                   reinstatement fee will apply from 31 January 2011 for disqualified
                                                                                                                    drivers and drivers suspended for demerit points, as well as a new
                                                                                                                    administration fee for withdrawing from or rescheduling a driving test.

                                                                                                                     News briefs
                                                                                                                       • License renewal fee: Now $44.30, decreasing to $43.00

    Vehicles wanted                      BUYING NOW
                                                                                                                       • Learner license test fee: Now $79.00, increasing to $91.90

    Buying now
                                                                                                                       • Restricted license test fee: Now $88.20, increasing to $105.80
                                                                                                                     Volvo deal – done
                                                                                                                     It’s• been   on-again,
                                                                                                                           Full license testoff-again,
                                                                                                                                             fee: Nowand  this time
                                                                                                                                                       $115.10,     it looks as
                                                                                                                                                                 increasing  to if$133.20
                                                                                                                                                                                   the
    BRETT HARRIS 029 293 1232
    www.farmerautovillage.co.nz                         FARmER AUTOvIllAGE                                           Ford-Geely deal for the buy-out of Volvo is sign, sealed and
                                                                                                                     delivered. Geely has bought the Swedish brand for $US1.8
                                                                                                                     billion ($NZ2.5b), China’s biggest overseas auto purchase. Ford
                                                              Phil Wills 021 877 422                                 will continue to supply powertrains, stamping and other parts
                                                              phil.wills@inghamprestige.com
                                                                       Paul Curin
                                                              www.inghammotorgroup.co.nz
                                                                                                                    Conviction for Vehicle Finance Company
                                                                                                                     to Volvo after the sale.
                                                                                                                    A small Auckland-based car finance company, Dolbak Finance
                                                                         0274 333 303
   Honda, Mercedes Benz, & Mitsubishi. We purchase NZ new cars & commercials. All makes & models. Anywhere in NZ.
                                                                                                                    Limited has pleaded guilty to breaching the Credit Contracts and
                                                                         pcurin@miles.co.nz                          Chrysler reopens yards
                                                                                                                    Consumer Finance Act (CCCF Act) and the Fair Trading Act in relation
                                                                                                                     Chrysler Group, reversing an earlier stance, says it will offer to
    ALWAYS BUYING ANY VEHICLE OVER $500 CONSIDERED                                                                  to car loan contracts.
                                                                                                                     reinstate 50 closed US dealerships within the next few days.
     We are always looking to purchase
    CONTACT OUR STAFF TODAY                                                                                             A Commerce
                                                                                                                     Letters              Commission
                                                                                                                              of intent will be sent to 50investigation
                                                                                                                                                               of the estimated  found
                                                                                                                                                                                     400 that   Dolbak
                                                                                                                                                                                          rejected
    Adam Winter ph: 021 635 352 e: adam@avc.net.nz           Kane Owen ph: 021 356 300 e: kane@avc.net.nz
      NZ NeW cars aNd commercials                                                                                   Finance    Limited’s
                                                                                                                     dealerships           carapplied
                                                                                                                                   that have     financing
                                                                                                                                                        to getcontracts      did not
                                                                                                                                                                 their franchises        comply
                                                                                                                                                                                      back  throughwith the
    AUCKLAND VEHICLE CONSULTANTS                                                                                     arbitration,
                                                                                                                    CCCF    Act, asChrysler  saysnot
                                                                                                                                      they did     in aaccurately
                                                                                                                                                       statement. They       “are in
                                                                                                                                                                       disclose       locations
                                                                                                                                                                                    the  annual interest
                                                                                                                     that charged
                                                                                                                    rate   offer customer
                                                                                                                                       on theservice
                                                                                                                                               loans.benefi
                                                                                                                                                        The ts   and will have limited
                                                                                                                                                               Commission’s                 adverse also
                                                                                                                                                                                    investigation
                                                                                                                     impact on the dealers within our current network,” says Chrysler.
                                                                                                                    found that in relation to contracts entered before April 2007, Dolbak
                                                                                                                     The National Automobile Dealers Association says “it is a move in
                                                                                                                    Finance
                                                                                                                     the rightLimited     misrepresented its right to enforce the terms of the
                                                                                                                                direction”.
                                                                                                                    contracts, a breach of the Fair Trading Act.
                                                                                                                        In 2007, the Commerce Commission prosecuted the partners in
                                                                                                                     Toyota supplies Mazda
                                                                                                                    Dolbak Finance, Anthony Baker and David Dolbel for breaches of
                     Wanted 2003 onwards HSV and Commodore,                                                          Mazda Motor Corp will introduce a midsize hybrid vehicle by
                                                                                                                    both   the CCCF and Fair Trading Acts, for failure to provide initial
                     NZ new Suzuki, Nissan and Mazda product.                                                        2013 based on core components supplied by Toyota Motor
                                                                                                                    disclosure in relation to 99 customers who had taken out car
    Call Daryn Pennington 067594586 direct, daryn@autocity.co.nz or 0274 496499                                      Corp, the Nikkei Business Daily reports. The two automakers
                                                                                                                    loans.
                                                                                                                     reached Both   partners pleaded
                                                                                                                               an agreement       under which guilty   to 22
                                                                                                                                                                   Toyota   willcharges
                                                                                                                                                                                  supply theeach and were
                                                                                                                    convicted     and   fined.
                                                                                                                     Toyota Hybrid System II (THS II), currently used in the third-
                                         BUYING NOW                                                                     Dolbak Finance
                                                                                                                     generation    Prius. The Limited,
                                                                                                                                                deal willwhich
                                                                                                                                                            enabletook
                                                                                                                                                                    Mazda  over    thethe
                                                                                                                                                                              to tap    cargrowing
                                                                                                                                                                                             loan contracts

                            To adverTise
                                                                                                                     demand
                                                                                                                    from        for hybrids
                                                                                                                           Dolbak     Finance sooner
                                                                                                                                                in Aprilthan   otherwise
                                                                                                                                                             2007,  did not possible.
                                                                                                                                                                                correctFor theToyota,
                                                                                                                                                                                                lack of
                                                                                                                     the arrangement will help lower related production costs
                                                                                                                    disclosure and took action to enforce the contracts of 14 of the
                           here conTacT:
                                                                                                                     through economies of scale.
   BRETT HARRIS 029 293 1232
   www.farmerautovillage.co.nz   FARmER AUTOvIllAGE                                                                 affected customers, including issuing repossession notices and
                                                                                                                    proceedings to collect payments. The affected customers included

                                 0508 288                                                                            Fiat wants more
                                        Phil 863
                                                                                                                    those for whom Dolbak Finance was originally convicted.
                                             Wills 021 877 422                                                       FiatDolbak
                                                                                                                          CEO Sergio    Marchionne
                                                                                                                                  Finance    Limitedsays wasthe  Italian
                                                                                                                                                               fined     automaker
                                                                                                                                                                       a total          will in the Auckland
                                                                                                                                                                                 of $2000
                                                              phil.wills@inghamprestige.com
                                  021 455 775                 www.inghammotorgroup.co.nz
  Honda, Mercedes Benz, & Mitsubishi. We purchase NZ new cars & commercials. All makes & models. Anywhere in NZ.
                                                                                                                     increase its stake in Chrysler to 35% within two years. The first 5%
                                                                                                                    District  Court. In sentencing, Judge Cunningham noted that the level
                                                                                                                     increment could come as early as this year after Chrysler begins
                                                                                                                    of fine in this case should not be taken as precedent by other creditors,
                                                                                                                     making engines for the Fiat 500 in Dundee, west of Monroe. The
                              advertising@autofile.co.nz                                                            as it took into
                                                                                                                     subsequent     twoaccount
                                                                                                                                         purchasesthewill
                                                                                                                                                       particular
                                                                                                                                                          depend on   circumstances        of the creditor’s
                                                                                                                                                                         increasing Chrysler’s
                                                                                                                    situation,
                                                                                                                     distribution outside the US and assembling a new fuel-effifines.
                                                                                                                                 in  that they   are  still paying     off the   original   cient car
                                                                                                                     in the US, he says.

10 | www.autofile.co.nz
                                                                                                                     Driver magazine sold
new cars

 VW acquires majority holding in Italdesign

                                                      2010 VW Mk1 Golf Ltd Edition                                                                  VW Up! Lite Concept

Volkswagen Group has bought             in northern Italy.                           and the third-highest selling model        continuing its model initiative over
a 90.1 percent stake in iconic design       Established by Giorgetto                 of all time, with over 25 million          the coming years and will benefit
house Italdesign Giugiaro.              Giugiaro in 1968, the company has            having been built by 2007.                 from the capacity and competence
   VW has bought the brand              worked with a large number of                    VW boss, Dr. Martin Winterkorn,        of Italdesign,” says Winterkorn.
name rights and patents through         European manufacturers, including            says Italdesign, led by Giugiaro,              Giugiaro is currently working
the Group’s Italian subsidiary          Lamborghini, BMW, Audi, Alfa                 “has been instrumental in shaping          on the planned Volkswagen Up!
Lamborghini Holdings. The Giugiaro      Romeo and Fiat, to name but a few.           the face of the automobile                 model family, which is likely to be
family retains the remaining shares.        Giugiaro also penned the design          industry worldwide. As the creator         Volkswagen’s flagship brand over
   The headquarters of Italdesign,      for Volkswagen’s 1974 Golf Mk1,              of the Golf I, Giugiaro laid a new         the decade. The Up! Model is due to
which has 975 employees and 800         the heavily influential model that           foundation for Volkswagen design           be released 2011, with E-Up!, VW’s
CAD workstations, is situated in        across six generations has been              in the 1970s.                              first mass-produced electric car, to
Moncalieri, 15 km south of Turin,       Volkswagen’s best selling model,                 “The Volkswagen Group will be          be released in 2013.

                                                                                      Nissan cuts Pathfinder
                                                                                      range to one
                                                                                      Nissan will sell only one                 rounded, with new bonnet, bigger
                                                                                      version of its revised 2010               grille, restyled bumpers and sleek
                                                                                      Pathfinder mid-sized, seven-              Xenon headlights. It rides on
                                                                                      seater SUV in New Zealand.                17-inch alloy wheels and has front
                                                                                           The 2010 model lists at              foglights and folding door mirrors.
                                                                                      $76,800 and has a specification               Inside, there’s leather
                                                                                      based on the previous upmarket            upholstery, chrome highlights,

Compact Mitsi crossover                                                               Ti, with turbodiesel motor and
                                                                                      five-speed automatic gearbox.
                                                                                                                                more user-friendly switchgear,
                                                                                                                                Bluetooth phone connectivity

for New Zealand
                                                                                           The 2.5-litre engine is 11 percent   and an MP3-compatible six-disc
                                                                                      more powerful and torque lifts by         in CD sound system
                                                                                      47Nm to a healthy 450Nm which                 ESP, hill-descent control,
Mitsubishi is playing the fuel          litres/100km and 188 g/km.                    will ensure good towing ability.          hill-start assist, ABS with EBD are
economy and low emission hands              Diesel Sport models are said to           Nissan says fuel use drops to 9.0         standard, along with six airbags
with its five-model ASX (Active         be good for 5.9 litres/100km and              litres/100km, a 1.3 litres/100km fall.    and three-point seatbelts for all
Smart Crossover) compact SUV            155g/km.                                           The new Pathfinder is more           seven occupants.
range that arrives here in August.          The ASX offers an SUV-like high
   It’s offering two engines, the       ride height, Bluetooth connectivity
2.0-litre DOHC MIVEC petrol and         on Sport models, one-touch
1.8-litre DOHC MIVEC intercooled        engine starting and lightweight
turbo diesel, a choice of two-wheel     impact-resistant front guards.
drive and four-wheel drive and          Frontal styling follows the large
standard and Sport specifications.      rectangular grille theme debuted
   Mitsubishi quotes fuel use and       by the Lancer Evo X.
CO2 figures of 7.9 litres/100km and         The five models range from the
184 grams/km for the petrol 2WDs,       LS 2WD at $35,490 to the D4 Sport
with the petrol 4WD managing 8.1        Manual 4WD at $45,990.

                                                                                                                                           www.autofile.co.nz | 11
Upfront                                                                                                with Allan Dick

Nothing I like better than a Good Drive. Get            Queen’s Birth Weekend? Just three words for it.         to explain it as neither speed nor alcohol were
into the car and head for the horizon and when          Stupid.                                                 found to be factors in most of the crashes. So
you get there, keep on going                            Stupid.                                                 they scrambled around and found something
    In the past month I have driven from Auckland       Stupid.                                                 new to blame — impatience.
to Dunedin and back — twice! As well as sundry             The cop line is that it’s an experiment, but if it       It might be new to the Police, but it’s not new
runs like Auckland to Taihape and back.                 proves successful, it will become policy.               to tens of thousands of road users.
    I’ve developed a specific route and a                  If she was a man I’d accuse her of suffering             Police measures have turned us into a nation
timetable for these drives — as well as a specific      from the Small Willie syndrome and likes being          of drivers who have lost the ability to pass a
way of driving. I set cruise control on 106/7km/h                                                               slower vehicle in front. Years of dumbing down
and develop a rhythm.                                                                                           means most of us are simply now content to
    There was a stage when I collected speeding
tickets in sufficient numbers to hit the 100            ... impatience.                                         lower our speed and play follow-the-leader
                                                                                                                when we come up behind a slower vehicle. And
points twice and had to surrender my license to                                                                 then another comes along and joins the line
the polite policeman who came to the door.              It might be new to the                                  and another and another until we have a mob of
But, with age comes wisdom and I have now                                                                       sheep, travelling single file along the road with
largely learned that it’s easier to play their game.    Police, but it’s not new                                their brains in neutral.
A couple of weeks ago, I blotted my clean three                                                                     Eventually someone will come along who
year old record — I got the red and blue flashing       to tens of thousands of                                 isn’t brain-dead and they get impatient. The
lights in my mirrors as I exited Ngaruawahia                                                                    result is inevitably risky passing.
on the back road late-ish one night. I hadn’t           road users.                                                 Rose’s dumb idea, if applied evenly and
waited until I cleared the 50km/h zone before                                                                   across the board, means that those Big Rigs
accelerating.                                                                                                   that now travel at 100 – 105km/h and aren’t the
    He was a nice man — but a freshly arrived                                                                   total pain in the bum they could be, will now be
Pom who didn’t have a clue where my new                 a bossy-boots to assert her authority. His muscle       travelling at 94km/h and thus the impatience
home town of Oamaru was.                                flexing and money grubbing.                             level among following motorists will be even
    So, I like driving, but what do I think of Police       Rose’s move comes after one of the worst            higher. Result? More risky overtaking. More
Superintendent Paula Rose’s idea of reducing            road toll records last Easter for a long time and       crashes. More deaths.
the 10km/h “tolerance” to just four km/h over           a time when the Police said they were at a loss         Silly idea Paula Rose. Silly!

Classic Falcon sold for $330,000
Aussie auction house                      range of $260,000-$320,000.
Shannons’ prediction that a 1971             Bidding started at $A260,000
Ford XY Falcon GT-HO Phase III            and rose in $10,000 leaps before
would sell for a third of a million       ending in a $1000 slugging
dollars became fact at its May 31         match. A telephone bidder
sale in Melbourne.                        bought the car.
   After a fierce bidding war,               A left-hand drive 1961
the fully-restored Monza Green            Chevrolet Corvette Convertible
sedan, which is believed to have          that until two years ago was
had six owners from new and had           owned by rock star Alice Cooper,
107,000 miles (172,000km) on the          sold for $A78,000, complete with
odo, sold for $A331,000, which            Fender Squier Stratocaster guitar
was above its pre-sale guiding            signed by Cooper.

12 | www.autofile.co.nz
disputes

Purchaser stuck with Commodore                                                                                                    Why:
                                                                                                                                  The purchaser tried to reject a
                                                                                                                                  Holden Commodore because
                                                                                                                                  of a faulty ignition system.

                                                                                                                                  Ruling:
                                                                                                                                  The tribunal rejected the claim
                                                                                                                                  because the fault was not
Background                              vehicle’s ignition to operate. The          The tribunal’s decision                       deemed to be of ‘substantial
On December 17, 2009 the                next day the purchaser gave                 The tribunal was in little doubt              character’.
purchaser bought a 1997 Holden
VS Commodore for $4500 from
                                        evidence that she was driving
                                        the vehicle and her children at
                                                                                    that the purchaser did not contact
                                                                                    the trader and require him to
                                                                                                                                  Where:
                                                                                                                                  Motor Vehicle Disputes
the trader.                             about 11pm that night when she              remedy this fault before having               Tribunal, Rotorua.
    The purchaser has purported         stopped the vehicle to talk to her          it repaired. Hence, regrettably,
to reject the vehicle under the         father. When she attempted to               the purchaser was not entitled to
Consumer Guarantees Act 1993            restart the vehicle the ignition            recover from the trader the cost.
(“the Act”) because she said it had     lock would not turn and the                 This was because s.18(2)(a) of the          fault and second, the fault did not
a serious fault, namely a faulty        steering wheel remained locked.             Act provided that a purchaser must          make the vehicle unsafe; it simply
ignition system.                        The purchaser had the vehicle               “require” a supplier to remedy              made the vehicle unable to be
    The trader said the purchaser       towed back home.                            any faults and give the supplier a          driven. Accordingly, the purchaser
was not entitled to reject the              Unfortunately the purchaser             reasonable time in which to do so           was not, in the tribunal’s view,
vehicle because the fault in the        did not instruct the mechanic               before going elsewhere to get the           entitled to reject the vehicle.
ignition system was not a failure of    to tow the vehicle back to the              goods repaired.
substantial character.                  trader so that the ignition and                  The tribunal was however
                                        steering lock could be repaired.            satisfied that the purchaser made            Bruce Dell’s Comment
                                        Instead the mechanic, without               the trader aware of and required            This purchaser bought a 1997
The evidence                            the purchaser’s consent, had the            him to remedy the other faults.             Holden vehicle for $4,500.00. The
The salesman informed his CEO           ignition lock replaced and repaired         The trader had an obligation                purchaser tried to reject the
that the purchaser had requested        the steering lock and invoiced the          under s.18(2)(a) of the Act                 vehicle as having serious faults
repairs to be done. The CEO told        purchaser $826.31. The insurer              having been required to remedy              to justify a substantial fault and
the salesman that the trader            declined the purchaser’s claim for          those faults, to do so within a             to justify cancellation of the
would not agree to do any of            the repair costs for reasons which          reasonable time of having the               contract. Pleasingly, the Judge
the work on the vehicle and that        were not adequately explained to            vehicle returned to him for that            did not accept the evidence of
if that was not acceptable the          the tribunal.                               purpose. If the trader did not              the purchaser. It would seem
trader was willing to rescind the           The purchaser’s partner                 do so or did not do so within a             again that the dealer was
VOSA. Unfortunately the salesman        telephoned the salesman and                 reasonable time, the purchaser              not given the opportunity of
deliberately failed to convey that      informed him of the faulty ignition         may then either have the faults             repairing the vehicle.
instruction. He gave as his reason      but he said the salesman did not            repaired elsewhere at the trader’s               At the end of the day though,
for not doing so that “he wanted        want to know about the matter.              cost or reject the vehicle in terms         the Tribunal was not persuaded by
to get through Christmas”.                  The trader’s CEO said the               of s.18(2)(b) (i) or (ii) of the Act.       the purchaser that the fault with
    Instead the salesman completed      repairs to the vehicle’s ignition           As soon as the purchaser paid               the ignition switch and the steering
the VOSA with his signature as          had been completed before the               the account and uplifted the                lock were failures of substantial
agent for the trader and the date       purchaser informed the trader of            vehicle she should take it to the           character. The faults did not make
on which the purchaser’s offer was      the problem and hence the trader            trader with a list of the faults she        the vehicle unsafe.
accepted by the trader.                 should not be liable.                       wanted fixed.
    On December 23 the                      The vehicle remained with the                Meanwhile, the tribunal was not On a note of caution, dealers
purchaser said she had stopped          mechanic because the purchaser, a           persuaded by the purchaser that             should well acquaint themselves
the vehicle and had difficulty          beneficiary, and her ex-partner, an         the fault with the ignition switch          with the Fair Trading Act provisions
starting it because the ignition        opossum trapper, claimed they had           and steering lock was a failure             and Consumer Guarantees Act
key would not turn. The purchaser       no money to pay for the repairs.            of substantial character because            provisions as these decisions
                                                                                              Bruce Dell Law – “problem solver”
called out a mobile mechanic            The trader’s CEO said he had made           first, the vehicle would probably           generally come back to provisions
who sprayed a lubricant in the          various offers to try and resolve the       still haveautofi
                                                                                                beenleacquired   by a           of these
                                                                                                       are delighted to have Bruce     as Acts
                                                                                                                                          part and  dealers’
                                                                                                                                               of the Autofile team advising o
ignition lock which enabled the         matter, without success.                    reasonable    purchaser
                                                                                              on the  lessonsaware
                                                                                                                to beoflearned  obligations
                                                                                                                         that from           thereunder.
                                                                                                                                     past Motor  Vehicle Disputes Tribunal ca
                                                                                             If you require legal advice give Bruce a call on 09 570 5036
            	
  
  	
  	
  law	
  	
     .	
      Bruce Dell Law – “problem solver”
                                 Bruce Dell has been closely associated with the auto industry for 37 years, during this time he has

       bd
                                 handled many complex legal issues on behalf of dealers both in Auckland and Palmerston North
                                 autofile are delighted to have Bruce as part of the Autofile team advising our readers on past Motor
                                 Vehicle Disputes Tribunal cases. If you require legal advice give Bruce a call on 09 570 5036

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