Purchased a bike off not the registered owner - Help!!

**wishynz** · 17th September 2017, 12:19

New to the forum and looking for some advice

I've recently purchased a 2001 Honda Hornet off TradeMe. Registration had lapsed a few years back and it needed some work, no big deal.

Got it back up to Auckland and spent some money to get it all working and get it WOF ready and ready to re-register in my name. When I've gone to re-register this it turns out the bike is not in the name of the guy that sold it to me.

Now I know I'm an idiot for spending the money/time to get it all working before checking the reg info but I honestly did not even consider the fact it may not be registered to the guy..

Been a bit of a mess around to try get this sorted as the guy I bought it off can't find proof of anything when he purchased it a few years back (It has been sitting unused in this shed for years). I've been to a JP and signed a confirmation that I bought it legally and contacted the guy I bought it off to obtain proof he brought it legally but the compliance officer said this isn't enough and they need proof that the guy I purchased it off was legally allowed to sell it. He is often ignoring my messages and said that he is searching for things but hasn't been in touch with the person he bought it off in years.

I'm not sure what to do here or what my options are. It's my first bike I just want to get it signed off and home so I can ride it

Anyone able to shed some light on what steps I can take in this situation or what my options are?

**James Deuce** · 17th September 2017, 12:23

Sounds suspiciously like a life lesson. Turn it into a track bike and go racing.

**wishynz** · 17th September 2017, 12:26

Originally Posted by James Deuce

Sounds suspiciously like a life lesson. Turn it into a track bike and go racing.

A rather expensive one unfortunately.. I'm not really into racing

**HEsch** · 17th September 2017, 12:28

Not sure on the legalities but as far as I am aware the buyer and the seller have a form to fill in for change of ownership. If the buyer does theirs, a posted letter goes to the registered name/address on file (you won't get a copy of this info) - so the person who's name it's in would be notified.

Pretty sure you have to register before WOF, and as such, change of ownership should always be done at the time of purchase. That way you don't remain liable for a vehicle you have sold, and as a buyer, you are not liable for back payment of any registration fees (ie if it was not held or cancelled).

https://www.nzta.govt.nz/vehicles/bu...ing-a-vehicle/

**HEsch** · 17th September 2017, 12:32

Your options would include Disputes Tribunal (http://www.cab.org.nz/vat/tt/bs/Page...privately.aspx). Not sure if this would fall under the police's jurisdiction as a civil matter, but it might be worth contacting your local CAB for their take on it.

**wishynz** · 17th September 2017, 12:37

Originally Posted by HEsch

Not sure on the legalities but as far as I am aware the buyer and the seller have a form to fill in for change of ownership. If the buyer does theirs, a posted letter goes to the registered name/address on file (you won't get a copy of this info) - so the person who's name it's in would be notified.

Pretty sure you have to register before WOF, and as such, change of ownership should always be done at the time of purchase. That way you don't remain liable for a vehicle you have sold, and as a buyer, you are not liable for back payment of any registration fees (ie if it was not held or cancelled).

https://www.nzta.govt.nz/vehicles/bu...ing-a-vehicle/

I've looked in to this, but when I enter the plate it comes up that the registration has been cancelled..

**wishynz** · 17th September 2017, 12:39

Originally Posted by HEsch

Your options would include Disputes Tribunal (http://www.cab.org.nz/vat/tt/bs/Page...privately.aspx). Not sure if this would fall under the police's jurisdiction as a civil matter, but it might be worth contacting your local CAB for their take on it.

Thanks, I'll look in to disputes tribunal as a last resort so hoping it wont have to come to that

**Grumph** · 17th September 2017, 12:41

The one time this happened to me, it was sorted in the end by doing a visit to the offending person taking a large mate with me who was wearing his kicking boots....
I realise from your post that it won't be this easy for you, but sadly there are some who simply have to have this approach taken to get results.

Have you approached trademe ?

**pritch** · 17th September 2017, 13:02

I know nothing but for what I read here, but if the registration has been cancelled how can there be a registered owner?

Also I see here mention that the bike needs to be registered to get a WoF. I thought it had to have a WoF to be registered.

**biggo** · 17th September 2017, 13:15

You only need to prove previous registration that will probible be done by running the vin or previous rego in the system

For ownership a Stat Dec is all you need see Virm extract below

1.2 Entitlement to register

The following documents may be used as proof of a clear ownership trail for a vehicle undergoing the re-registration process:

a signed receipt from the last registered owner
an original buyer tax invoice from some auction organisations as detailed in Reference material 69)
a signed statutory declaration. Note that there is no set format, but a statutory declaration must include the following statements:
1. ‘Solemnly and sincerely declare/affirm that’, and

2. ‘I make this solemn declaration conscientiously declaring the same to be true and by virtue of the Oaths and Declarations Act 1957’.

In all cases the person presenting the vehicle for re-registration must be the person listed on the supplied documentation and the following information must also be listed:

the vehicle’s make, model, VIN/chassis number
date of purchase
Name and address of seller (in the case of a Turners Auctions invoice, the Turners Auctions letterhead is acceptable).

https://vehicleinspection.nzta.govt....ring-a-vehicle

It may be the person you are dealing with is new to compliance and needs some assistance

Or I would be happy to give you $50 to take it off your hands

Another point to be aware of is if the bike has been written off by insurance co it WILL have to have a repair cert this can add considerable cost

**wishynz** · 17th September 2017, 13:23

Originally Posted by pritch

I know nothing but for what I read here, but if the registration has been cancelled how can there be a registered owner?

Also I see here mention that the bike needs to be registered to get a WoF. I thought it had to have a WoF to be registered.

I was under this impression as well, as the bike would need to be road legal to be registered

**wishynz** · 17th September 2017, 13:25

Originally Posted by biggo

You only need to prove previous registration that will probible be done by running the vin or previous rego in the system

For ownership a Stat Dec is all you need see Virm extract below

1.2 Entitlement to register

The following documents may be used as proof of a clear ownership trail for a vehicle undergoing the re-registration process:

a signed receipt from the last registered owner
an original buyer tax invoice from some auction organisations as detailed in Reference material 69)
a signed statutory declaration. Note that there is no set format, but a statutory declaration must include the following statements:
1. ‘Solemnly and sincerely declare/affirm that’, and

2. ‘I make this solemn declaration conscientiously declaring the same to be true and by virtue of the Oaths and Declarations Act 1957’.

In all cases the person presenting the vehicle for re-registration must be the person listed on the supplied documentation and the following information must also be listed:

the vehicle’s make, model, VIN/chassis number
date of purchase
Name and address of seller (in the case of a Turners Auctions invoice, the Turners Auctions letterhead is acceptable).

https://vehicleinspection.nzta.govt....ring-a-vehicle

It may be the person you are dealing with is new to compliance and needs some assistance

Or I would be happy to give you $50 to take it off your hands

Another point to be aware of is if the bike has been written off by insurance co it WILL have to have a repair cert this can add considerable cost

Haha, I'll keep the offer in mind..

Funny thing is I was originally told that the declaration would be all I needed as well. So I obtained this and dropped it off to the compliance place and then got a call the next day saying that they need proof from the original owner as well. I'm pretty confused on the matter.. I'll send this through to the guy and see what he says. Thank you!

**wishynz** · 17th September 2017, 13:27

Originally Posted by Grumph

The one time this happened to me, it was sorted in the end by doing a visit to the offending person taking a large mate with me who was wearing his kicking boots....
I realise from your post that it won't be this easy for you, but sadly there are some who simply have to have this approach taken to get results.

Have you approached trademe ?

This would be far more tempting if the guy wasn't ~6 hours away

**FJRider** · 17th September 2017, 13:43

Originally Posted by wishynz

I've been to a JP and signed a confirmation that I bought it legally and contacted the guy I bought it off to obtain proof he brought it legally but the compliance officer said this isn't enough and they need proof that the guy I purchased it off was legally allowed to sell it. He is often ignoring my messages and said that he is searching for things but hasn't been in touch with the person he bought it off in years.

Find the person listed as the last named registered owner. (Or at least someone with [or signing] that same name

)

Check the Police have "No interest in the vehicle" ... this used to be a requirement of re-registration in this process ... although now not required legally. But it may help your case with the compliance officer.