Airbag recall now in effect
Importers and their agents are reminded that vehicles containing alpha-type Takata airbags became prohibited imports from 31 May 2018.
A mandatory recall order was issued by the Minister of Commerce and Consumer Affairs on 4 April 2018. All goods covered by the order automatically become prohibited imports under the Fair Trading Act.
The prohibition includes vehicles containing disabled airbags but doesn't include vehicles that have had the airbags removed prior to importation.
From 31 May 2018, a sale prohibition that’s part of the mandatory recall has also commenced. No vehicles can be imported or on-sold in trade if they have airbags fitted that are subject to the call-back and do not have remedial work completed on them.
This deadline was disputed by David Vinsen, CEO of VIA (the Imported Motor Vehicle Industry Association), who believed that the deadline – as it exists – is a breach of natural justice because it unfairly impacts many small New Zealand businesses that have no opportunity of meeting it.
“The effect of the deadline remaining at May 31 will be that independent New Zealand businesses will be unfairly impacted, left with unsaleable high-value goods and little hope for a remedy in a manageable timeframe," said Vinsen at the time.
However, Kris Faafoi, Minister of Commerce and Consumer Affairs, denied the extension stating: "My priority in this matter is to ensure the safety of New Zealand consumers. I cannot allow any possible injury or fatality due to a malfunctioning Takata alpha airbag to occur when we can take steps to avoid it.”
More information is available on the RightCar website, including links to assist in identifying affected vehicles.
Used vehicle importers should check the available information, and if the vehicle is affected, they should get it fixed in the exporting country before export. If that isn't an option, then the airbag(s) should be removed prior to export, to avoid importing a prohibited good.
The importer should be aware that any vehicle in that state cannot be registered in New Zealand, and replacement in New Zealand by the vehicle brand owner may take some time.
