Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008

1: Title
This Act is the Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008.
2: Commencement
1: Section 6
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Summary Offences Act 1981 2008-09-25 Summary Offences Act 1981 2008-06-26 Summary Offences Act 1981
1: Graffiti vandalism
4: New sections 11A and 11B inserted
1: The following sections are inserted after section 11
11A: Graffiti vandalism, tagging, defacing, etc
A person is liable to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002) or a fine not exceeding $2,000, or to both, if he or she damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it,—
a: without lawful authority; and
b: without the consent of the occupier or owner or other person in lawful control.
11B: Possession of graffiti implements
A person is liable to a sentence of community work or a fine not exceeding $500, or to both, if without reasonable excuse he or she has in his or her possession a thing capable of being used to commit an offence against section 11A
2: Section 33
a: omitting , defacing, etc.
b: repealing paragraph (b).
2: Spraycans
5: New heading and section 14A inserted
1: The following heading and section are inserted after section 14 Spraycans
14A: Sale of spraycans to people under 18 prohibited
1: A person who sells a spraycan to a person under the age of 18 years is liable to a fine not exceeding $1,500.
2: In any proceedings for an offence against subsection (1) buyer
a: the defendant is—
i: a Board (within the meaning of section 2(1) of the Education Act 1989), or an employee of a Board; or
ii: the governing body of a tertiary education provider (within the meaning of section 159(1) of the Education Act 1989), or an employee of a tertiary education provider; and
b: when the spraycan was sold, the buyer was enrolled at a school or institution managed by the Board or tertiary education provider; and
c: the spraycan was sold to the buyer to enable him or her to undertake the work of his or her course at the school or institution, or to complete an assignment or project for the school or institution.
3: In any proceedings for an offence against subsection (1) buyer
a: before or at the time of the sale of the spraycan, there was produced to the defendant a document purporting to be an evidence of age document; and
b: the defendant believed on reasonable grounds that the document—
i: was in fact an evidence of age document; and
ii: related to the buyer; and
iii: indicated that the buyer was of or over the age of 18 years.
4: For the purposes of subsection (3) evidence of age document
a: contains—
i: a photograph of the person to whom it is issued; and
ii: information enabling the person's age to be determined; and
b: is—
i: a New Zealand passport; or
ii: an overseas passport; or
iii: a driver licence issued under the Land Transport Act 1998; or
iv: a document of the kind described in section 2A(2)(d) of the Sale of Liquor Act 1989.
2: Section 2(1) serious drug offence spraycan
a: contains paint, dye, ink, or some other pigment; and
b: is so designed that the pigment it contains can be propelled from it (whether by a compressed or liquefied gas, or by mechanical means) .
6: New section 14B inserted
1: The following section is inserted after section 14A (as inserted by section 5
14B: Access to spraycans in shops to be restricted
1: This subsection applies to a spraycan if—
a: it is kept for sale in a part of a shop to which members of the public have access; and
b: it is not—
i: under the physical control of the occupier of the shop, or an agent or employee of the occupier; or
ii: under the physical control of a potential buyer who is being directly supervised by the occupier of the shop, or an agent or employee of the occupier; and
c: the shop is open to the public.
2: The occupier of a shop must ensure that every spraycan in the shop to which subsection (1)
3: The occupier of a shop who fails or refuses to comply with subsection (2)
2: Section 2(1) serious drug offence shop
a: includes—
i: an auction mart; and
ii: a barrow, stall, or other subdivision of a market; but
b: does not include a building, place, or part of a building or place, where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again .
3: Repeal
7: Manukau City Council (Control of Graffiti) Act 2008 repealed
The Manukau City Council (Control of Graffiti) Act 2008 2008-06-26 Manukau City Council (Control of Graffiti) Act 2008