Smokefree Environments and Regulated Products Act 1990

1:
1: This Act is the Smokefree Environments and Regulated Products Act 1990.
2: Part 1
3: Part 2
4: Except as provided in subsections (2) and (3), this Act shall come into force on the day after the date on which it receives the Royal assent. Section 1 heading amended 23 July 2011 section 6(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 1(1) replaced 11 November 2020 section 4 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
2: Interpretation
1: In this Act, unless the context otherwise requires,— additive
a: in relation to a tobacco product, means a substance forming part of the product that is not cured tobacco leaf; and includes—
i: a substance forming part of the product that has been derived or refined from tobacco leaf (whether cured or not); and
ii: any wrapping forming part of the product that is not itself cured tobacco leaf; and
b: in relation to a herbal smoking product, means a substance forming part of the product that is not dried, or dried and cured, vegetable matter; and includes—
i: a substance forming part of the product that has been derived or refined from vegetable matter; and
ii: any wrapping forming part of the product that is not itself dried, or dried and cured, vegetable matter; and
c: in relation to a vaping substance, means a substance that is not propylene glycol or vegetable glycerin aircraft section 2 Civil Aviation Act 1990 approved evidence of age document section 5(1) approved Internet site approved smoked tobacco retail premises approved smoked tobacco retailer section 20H approved vaping premises automatic vending machine
a: on the insertion of a coin or token or by any other means, dispenses by way of sale regulated
b: does not require replenishment between each sale casino section 122 section 137 casino operator's licence section 130 class 4 gambling venue licence section 4(1) coastal cargo section 198(6) company name the Companies Act 1993 constituent craft
a: an aircraft:
b: a ship (as defined in section 2(1) Maritime Transport Act 1994 database section 77 dedicated room
a: enable patients or residents who smoke to smoke, or to socialise with each other in a place where smoking is permitted; or
b: enable patients or residents who vape to vape, or to socialise with each other in a place where vaping is permitted Director-General distributor early childhood education and care centre section 10(1) emissions employee employer
a: means a person who employs 1 or more employees; and
b: includes a person who arranges for volunteers to undertake work enforcement officer section 91 entity
a: a body corporate:
b: a corporation sole:
c: in the case of a trust that has—
i: only 1 trustee, the trustee acting in that capacity as trustee:
ii: more than 1 trustee, the trustees acting jointly in their capacity as trustees:
d: an unincorporated body (including a partnership) flavour
a: resulting from an additive or a combination of additives; and
b: that is noticeable before or during use of the product foreign ship gambling section 4(1) gambling area general vape retailer heated tobacco product herbal smoking product
a: is or contains vegetable matter; and
b: is intended to be smoked; but
c: contains no tobacco hospital care institution section 58(4) internal area
a: means the area determined as an internal area in accordance with regulations made under section 81(1)﻿(3)
b: if those regulations are not in force, means an area within or on the premises or vehicle that, when all its doors, windows, and other closeable openings are closed, is completely or substantially enclosed by—
i: a ceiling, roof, or similar overhead surface; and
ii: walls, sides, screens, or other similar surfaces; and
iii: those openings internal flight
a: between any 2 or more places in New Zealand; or
b: that commences from any place in New Zealand and is intended to terminate at that same place Internet sale regulated product
a: has been entered into using the Internet between—
i: a seller whose business is or includes offering the product for sale (whether by retail or wholesale); and
ii: a person (whether the purchaser or a person acting on the purchaser's behalf) who is at a distance from the seller's place of business; and
b: contains a term providing for the product to be delivered by or on behalf of the seller to, or to a place or person chosen by, the purchaser iwi-Māori partnership board section 4 large retailer section 2(1) licensed premises Sale and Supply of Alcohol Act 2012 managers section 7A(4) manufacturer subpart YB Māori Health Authority section 17 Minister Ministry New Zealand continental waters section 222(1) New Zealand resident
a: a New Zealand citizen:
b: a permanent resident of New Zealand within the meaning of section 73 of the Electoral Act 1993
c: a company incorporated in New Zealand New Zealand ship section 2(1) notifiable product
a: a vaping product; or
b: a smokeless tobacco product; or
c: a herbal smoking product; or
d: any other regulated product (other than a smoked tobacco product) declared by regulations to be a notifiable product notifier of the same kind
a: in relation to tobacco products and herbal smoking products, means not differing in a manner stated in subsection (2):
b: in relation to vaping products and heated tobacco products, means not differing in a manner stated in subsection (2A) office open area package point of sale product request product safety requirements prohibited flavour Part 2 prohibited substance section 70 public service
a: means any of the following public service agencies:
i: a department:
ii: a departmental agency:
iii: an interdepartmental executive board:
iv: an interdepartmental venture; and
b: includes a Crown agent publish
a: insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or
b: send to any person, by post or otherwise; or
c: deliver to any person or leave upon premises in the occupation of any person; or
d: broadcast within the meaning of the Broadcasting Act 1989
e: include in any film or video recording; or
f: include in any disk for use with a computer; or
g: disseminate by means of any other electronic medium; or
h: distribute by any means; or
ha: display by way of a sign, notice, poster, or other means; or
i: bring to the notice of the public in New Zealand in any other manner registered school section 10(1) regulated product regulated product advertisement
a: means any words, whether written, printed, or spoken (including on film, video recording, or other medium, or broadcast or telecast), and any pictorial representation, design, or device, used to—
i: encourage the use of a regulated product; or
ii: notify the availability of a regulated product; or
iii: promote the sale of a regulated product; or
iv: promote smoking or vaping behaviour; and
b: includes—
i: any trade circular, any label, and any advertisement in any trade journal; and
ii: any depiction of a regulated product or a regulated product trade mark in a film, video recording, telecast, or other visual medium where in return for that depiction any money is paid, or any valuable thing is given, to any person; and
iii: the use of the company name of a regulated product manufacturer in any advertisement or promotion to the public where the company name or any part of it is used as, or is included in, a regulated product trade mark,— and advertising regulations residential disability care institution section 58(4) responsible person
a: a director, partner, or trustee of the entity; or
b: if the entity does not have directors, partners, or trustees, a person who acts in relation to the entity in the same or a similar way as a director, partner, or trustee would were the entity a company, partnership, or trust rest home section 58(4) restaurant retailer school premises
a: a registered school; or
b: facilities, grounds, structures, or other premises, controlled and managed by the managers of a registered school, and used principally for—
i: the enjoyment, recreation, or relaxation of the young people attending the school; or
ii: cultural or sporting activities (or both) involving, or undertaken for the benefit of, the young people attending the school ship section 2(1) ship on demise charter to a New Zealand-based operator section 4 smoked tobacco product smokeless tobacco product smoking accessory smoking cessation programme specialist vape retailer section 20P suitably qualified health worker
a: a registered health practitioner; or
b: a person who—
i: has completed the Stop Smoking Practitioners Programme certified by the New Zealand Qualifications Authority (the programme
ii: is undertaking the programme and is being supervised by a person who has completed the programme; or
iii: is a peer support worker and is being supervised by a person who has completed the programme; or
c: a person specified by the Director-General by notice in the Gazette section 24(h) 27(3)﻿(e) taxi section 2(1) to smoke
a: means to smoke, hold, or otherwise have control over an ignited tobacco product, weed, or plant; and
b: includes to smoke, hold, or otherwise have control over an ignited product or thing whose customary use is or includes the inhalation from it of the smoke produced from its combustion or the combustion of any part of it; but
c: does not include to hold or have control over an ignited product or thing customarily used as incense to vape vaping tobacco carton tobacco package
a: contains a tobacco product or products; but
b: does not contain other tobacco packages within it tobacco product section 20 section 23 toy regulated product
a: a toy tobacco product; or
b: an object that—
i: looks like a vaping product or a heated tobacco product and can be used to simulate vaping; but
ii: cannot be used for vaping and has a primary purpose other than to help people to stop vaping toy tobacco product
a: looks like a tobacco product or a smoker's pipe, and can be used to simulate smoking; but
b: cannot be smoked, is not confectionery, and has a primary purpose other than to help people stop smoking trade mark Trade Marks Act 2002
a: any brand name:
b: any company name, where that name is used for advertising or promotional purposes:
c: any name, word, or mark that so resembles any trade mark that it is likely to be taken as, or confused with, that trade mark vaping device
a: vaporises or aerosolises a substance or a mixture of substances by heating it for the purpose of inhalation through a mouthpiece; and
b: is sold as a complete unit or to be assembled from individual components vaping product
a: a vaping device:
b: a vaping substance:
c: any 1 or more components of a vaping device:
d: a package containing 2 or more items described in any of paragraphs (a) to (c) vaping substance
a: means a substance or mixture of substances that is intended to be vaporised or aerosolised with a vaping device; but
b: does not include a medicinal cannabis product within the meaning of regulation 4 section 2A
c: does not include a heated tobacco product variant
a: sold in tobacco packages that are not of the same kind; or
b: sold in packages of a herbal smoking product that are not of the same kind; or
c: sold in packages of a vaping product that are not of the same kind; or
d: sold in packages of a heated tobacco product that are not of the same kind volunteer
a: performs for an employer, otherwise than for hire or reward, any work arranged by or on behalf of the employer; or
b: performs for the master of a ship, otherwise than for hire or reward, any work arranged by or on behalf of the owner or master of the ship workplace
a: means an area that is—
i: an internal area, within or on a building or structure occupied by the employer, usually frequented by employees or volunteers during the course of their employment; or
ii: an internal area, within or on a ship (being a ship to which section 10
b: includes a cafeteria, corridor, lift, lobby, stairwell, toilet, washroom, or other common internal area attached to, forming part of, or used in conjunction with a workplace within the meaning of paragraph (a); and
c: includes an internal area within or on a vehicle that—
i: is not an aircraft, a ship, or a train; but
ii: is provided by the employer and normally used by employees or volunteers; and
d: includes an operating taxi; but
e: does not include—
i: a motel, or a bedroom or suite in a hotel; or
ii: a cabin or suite, for the time being assigned to a passenger or passengers, on a ship; or
iii: a sleeping compartment, for the time being assigned to a passenger or passengers, on a train; or
iv: a cabin, for the time being assigned to only 1 employee or volunteer, or to the master or owner, on a ship; or
v: a sleeping compartment, for the time being assigned to only 1 employee or volunteer, on a train; or
vi:
vii: a dwellinghouse occupied by the employer.
2: For the purposes of paragraph (a) of of the same kind
a: tobacco packages, tobacco cartons, or packages of a herbal smoking product differ if they bear different brand names:
b: tobacco packages, tobacco cartons, or packages of a herbal smoking product differ if they bear the same brand name, but the products they contain differ in 1 or more of the following ways:
i: containing or not containing menthol:
ii: being otherwise differently flavoured:
iii: producing different quantities of tar:
iv: allegedly differing in mildness
v: having or not having filter tips or cork tips:
vi: containing different numbers of pieces:
vii: containing pieces of different length or mass:
c: tobacco cartons differ if they are sold under the same brand name, but they contain different numbers of tobacco packages.
2A: For the purposes of paragraph (b) of the definition of of the same kind
a: containing differing levels of nicotine:
b: being otherwise differently flavoured:
c: having a different size, shape, or capacity:
d: containing different numbers of pieces:
e: being different in a way prescribed in regulations.
3: For the purposes of paragraph (e)﻿(vii) of the definition of workplace in subsection (1), no part of a ship is capable of being a dwellinghouse occupied by an employer.
4: For the purposes of this Act,—
a: a vaping product that contains tobacco is not a tobacco product:
b: a vaping device is not a medical device within the meaning of the Medicines Act 1981
c: a vaping substance is not a medicine within the meaning of the Medicines Act 1981 Section 2(1) additive inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) additive inserted 11 November 2020 section 5(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) approved evidence of age document inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) approved Internet site inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) approved smoked tobacco retail premises inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) approved smoked tobacco retailer inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) approved vaping premises inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) area health board repealed 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 2(1) automatic vending machine inserted 29 July 1997 section 2(1) Smoke-free Environments Amendment Act 1997 Section 2(1) automatic vending machine amended 1 January 2023 section 4(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) automatic vending machine amended 11 November 2020 section 5(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) casino substituted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) casino operator's licence substituted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) children's product repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) class 4 gambling venue licence inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) coastal cargo inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) code of practice code repealed 11 December 1998 section 7(3)﻿(a) Smoke-free Environments Amendment Act 1997 Section 2(1) company name amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) company name amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) constituent inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) Council repealed 1 July 2012 section 14(2) New Zealand Public Health and Disability Amendment Act 2012 Section 2(1) craft amended 1 February 1995 section 202(1) Maritime Transport Act 1994 Section 2(1) database inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) dedicated room inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) dedicated smoking room repealed 11 November 2020 section 5(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) Director repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) distributor replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) early childhood centre repealed 1 December 2008 section 60(1) Education Amendment Act 2006 Section 2(1) early childhood education and care centre inserted 1 December 2008 section 60(1) Education Amendment Act 2006 Section 2(1) early childhood education and care centre amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) emissions inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) employer substituted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) enforcement officer replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) entity inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) face repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) flavour inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) foreign ship inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) gambling inserted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) gambling area inserted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) gaming repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) gaming area repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) general vape retailer inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) harmful constituent repealed 1 January 2023 section 4(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) heated tobacco product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) herbal smoking product inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) hospital repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) hospital care institution inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) internal area replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) internal area amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) Internet sale inserted 23 July 2012 section 7(2) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) Internet sale amended 11 November 2020 section 5(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) iwi-Māori partnership board inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) large retailer inserted 14 March 2018 section 4 Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016 Section 2(1) licensed premises replaced 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) managers inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) manufacturer amended 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 2(1) manufacturer amended 1 April 2008 Income Tax Act 2007 Section 2(1) Māori Health Authority inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) Ministry inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) New Zealand continental waters inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) New Zealand resident amended 1 July 1994 section 284 Electoral Act 1993 Section 2(1) New Zealand ship inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) notifiable product inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) notifier inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) of the same kind replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) open area inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) operating taxi repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 2(1) organised activity repealed 11 November 2020 section 5(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) package replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) passenger service vehicle small passenger service vehicle repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 2(1) permitted smoking area repealed 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) point of sale replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) pouch pack repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) prescribed petroleum operations repealed 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) prison repealed 5 March 2013 section 48(2) Corrections Amendment Act 2013 Section 2(1) product request inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) product safety requirements inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) prohibited flavour inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) prohibited substance inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) public service inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) publish inserted 29 July 1997 section 2(2) Smoke-free Environments Amendment Act 1997 Section 2(1) registered school inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) registered school amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) regulated product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) regulated product advertisement inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) regulations inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) residential disability care institution inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) responsible person inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) rest home substituted 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 2(1) retailer replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) school premises inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) ship inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) ship on demise charter to a New Zealand-based operator inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) smoked tobacco product inserted 1 January 2023 section 4(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) smokeless tobacco product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) smoking cessation programme inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) specialist vape retailer inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) specialist vape retailer amended 1 January 2023 section 4(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 2(1) suitably qualified health worker inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) taxi substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 2(1) to smoke substituted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) to vape inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) tobacco carton inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) tobacco package inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) tobacco packages in a visible stack repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) tobacco product advertisement repealed 11 November 2020 section 5(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) tobacconist's shop repealed 23 July 2012 section 7(1) Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 Section 2(1) toy regulated product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) toy tobacco product inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) trade mark amended 20 August 2003 section 201 Trade Marks Act 2002 Section 2(1) vaping device inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) vaping product inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) vaping substance inserted 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) variant replaced 11 November 2020 section 5(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) volunteer inserted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) workplace substituted 11 December 2003 section 3(1) Smoke-free Environments Amendment Act 2003 Section 2(1) workplace repealed 5 March 2013 section 48(3) Corrections Amendment Act 2013 Section 2(2) added 11 December 2003 section 3(3) Smoke-free Environments Amendment Act 2003 Section 2(2) amended 11 November 2020 section 5(6) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(2A) inserted 11 November 2020 section 5(7) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(3) added 11 December 2003 section 3(3) Smoke-free Environments Amendment Act 2003 Section 2(4) inserted 11 November 2020 section 5(8) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
3: Act binds the Crown
This Act shall bind the Crown.
3A: Purposes of this Act
1: The purposes of this Act are—
a: to provide for the regulation of smoked tobacco products—
i: to reduce disparities in smoking rates and smoking-related illnesses between New Zealand population groups and, in particular, between Māori and other groups; and
ii: to prevent the harmful effect of other people’s smoking on the health of others, and especially on young people and children; and
iii: to significantly reduce the retail availability of smoked tobacco products; and
iv: to prevent young people, and successive generations, from ever taking up smoking; and
v: to reduce the appeal and addictiveness of smoked tobacco products; and
vi: to restrict all forms of advertising and promotion; and
b: to provide for the regulation of notifiable products in a way that seeks to minimise harm, especially harm to young people and children; and
c: to give effect to certain obligations and commitments that New Zealand has as a party to the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003.
2: Section 3A(1) replaced 1 January 2023 section 5 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 3A(2) repealed 1 January 2023 section 5 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
3AA: Guide to this Act
1: Part 1
2: Part 1A
3: Part 1B
4: Part 2
5: Part 3
6: Part 3A
a: the approval of smoked tobacco products; and
b: the regulation of constituents of smoked tobacco products.
7: Part 4
8: Part 5
a: empowers the making of secondary legislation; and
b: contains provisions relating to—
i: the enforcement of this Act; and
ii: reporting requirements relating to regulated products; and
iii: appeals against product approval and notification decisions.
9: This section is intended as a guide only. Section 3AA inserted 1 January 2023 section 6 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
3AB: Te Tiriti o Waitangi (the Treaty of Waitangi)
In order to provide for the Crown’s intention to give effect to the principles of te Tiriti o Waitangi Treaty of Waitangi
a: requires the Director-General, before determining an application process for the approval of smoked tobacco retailers, to consult—
i: the Māori Health Authority; and
ii: each iwi-Māori partnership board; and
iii: any iwi or other Māori who the Director-General considers have an interest in the application process; and
b: requires the Director-General, before determining the maximum number of approved smoked tobacco retailers and the area to which that number applies, to consult—
i: the Māori Health Authority; and
ii: any iwi-Māori partnership board for all or part of the proposed area; and
iii: any iwi whose rohe includes all or part of the proposed area; and
iv: any other Māori who the Director-General considers will be affected; and
c: requires the Director-General to—
i: have systems in place for the purposes of carrying out the consultation referred to in paragraphs (a) and (b); and
ii: consult the Māori Health Authority before determining the iwi or other Māori to consult; and
d: requires the Minister, before preparing regulations relating to requirements for smoked tobacco products, to consider the risks and benefits to Māori of regulating a constituent (including both users and non-users of smoked tobacco products). Section 3AB inserted 1 January 2023 section 6 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
3B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 3B inserted 11 November 2020 section 7 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
1: Smoking and vaping prohibited in workplaces and public areas
Part 1 heading replaced 11 November 2020 section 8 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
4: Purposes of this Part
Section 4 repealed 1 January 2023 section 7 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
5: Smoking
and vaping
1: An employer must take all reasonably practicable steps to ensure that no person smokes or vapes
a: a vehicle in which smoking or vaping section 5A
b: a dedicated room in which smoking or vaping section 6
2: No employee or volunteer may smoke or vape or vaping section 5A
3: Nothing in this section permits smoking or vaping in a vehicle carrying child occupants ( see section 20D Section 5 substituted 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003 Section 5 heading amended 11 November 2020 section 10(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(1) amended 11 November 2020 section 10(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(1)﻿(a) amended 11 November 2020 section 10(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(1)﻿(b) amended 11 November 2020 section 10(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(2) amended 11 November 2020 section 10(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(2) amended 11 November 2020 section 10(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5(3) inserted 28 November 2021 section 6 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
5A: Employer may permit smoking
or vaping
1: An employer may permit smoking or vaping
a: the public does not normally have access to any part of it; and
b: all the employees and volunteers who use it regularly or from time to time have jointly or individually given the employer written notice—
i: asking the employer to permit smoking or vaping
ii: stating that they do not object to other employees and volunteers smoking or vaping
c: since last giving the employer notice to that effect, none of the employees and volunteers who use it regularly or from time to time has given the employer written notice that he or she—
i: no longer wishes the employer to permit smoking or vaping
ii: now objects to other employees and volunteers smoking or vaping
2: Nothing in this section permits smoking or vaping in a vehicle carrying child occupants ( see section 20D Section 5A inserted 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003 Section 5A heading amended 11 November 2020 section 11(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)﻿(b)﻿(i) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)﻿(b)﻿(ii) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)﻿(c)﻿(i) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(1)﻿(c)﻿(ii) amended 11 November 2020 section 11(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 5A(2) inserted 28 November 2021 section 7 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
6: Dedicated
1: An employer may permit smoking or vaping
a: the smoking
aa: the vaping takes place only in 1 or more dedicated rooms for vaping; and
b: each dedicated room
c: the employer has taken all reasonably practicable steps to minimise the escape of emissions or vaping dedicated room
d: for each dedicated room, an adequate equivalent room is available for patients or residents who wish to socialise in an atmosphere without emissions.
2: This subsection applies to a mechanical ventilation system with which a dedicated room
a: the system is so designed, installed, and operating that it takes air from the room to a place outside the workplace where any emissions
i: directly; or
ii: through 1 or more other dedicated rooms
b: no part of the workplace that is not a dedicated room
3: Subsection (1)—
a: does not authorise an employer to permit a person who is not a patient or resident of the institution or home concerned to smoke or vape dedicated room
b: does not authorise a person who is not a patient or resident of the institution or home concerned to smoke or vape dedicated room Section 6 substituted 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003 Section 6 heading amended 11 November 2020 section 12(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6 amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1) amended 11 November 2020 section 12(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)﻿(a) replaced 11 November 2020 section 12(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)﻿(a) amended 1 January 2023 section 8 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 6(1)﻿(aa) inserted 11 November 2020 section 12(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)﻿(b) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)﻿(c) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)﻿(c) amended 11 November 2020 section 12(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)﻿(c) amended 11 November 2020 section 12(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(1)﻿(d) replaced 11 November 2020 section 12(7) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2)﻿(a) amended 11 November 2020 section 12(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2)﻿(a)﻿(ii) amended 11 November 2020 section 12(8) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(2)﻿(b) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)﻿(a) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)﻿(a) amended 11 November 2020 section 12(9) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)﻿(b) amended 11 November 2020 section 12(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6(3)﻿(b) amended 11 November 2020 section 12(9) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
6A: Smoking in prison cells
Section 6A repealed 5 March 2013 section 48(4) Corrections Amendment Act 2013
7: Duties of employer
Section 7 repealed 10 December 2004 section 5 Smoke-free Environments Amendment Act 2003
7A: Smoking
and vaping early childhood education and care centres
1: The managers of school premises or premises to which subsection (4) applies must take all reasonably practicable steps to ensure that—
a: no person smokes or vapes
b: a notice stating that smoking and vaping
i: every entrance to the premises; and
ii: every outer entrance to every building or enclosed area forming part of the premises.
2: Subsection (1)﻿(b)﻿(ii) does not apply to—
a: a building or enclosed area not usually or from time to time used by young people attending the school or centre concerned or members of the public; or
b: an outer entrance used by young people attending the school or centre concerned or members of the public only temporarily or in emergencies.
3: The occupier of premises that are neither school premises nor premises to which subsection (4) applies must take all reasonably practicable steps to ensure that no person smokes or vapes
a: is being used as an early childhood education and care centre
b: is so situated and ventilated that emissions and vaping are likely early childhood education and care centre
4: This subsection applies to premises—
a: that are used exclusively or primarily as an early childhood education and care centre
b: that are facilities, grounds, structures, or other premises, controlled and managed by the managers of premises that are used exclusively or primarily as an early childhood education and care centre
i: the enjoyment, recreation, or relaxation of the children attending the centre; or
ii: cultural or sporting activities (or both) involving, or undertaken for the benefit of, the children attending the centre. Section 7A inserted 1 January 2004 section 6(1) Smoke-free Environments Amendment Act 2003 Section 7A heading amended 11 November 2020 section 13(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A heading amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(1)﻿(a) amended 11 November 2020 section 13(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(1)﻿(b) amended 11 November 2020 section 13(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3) amended 11 November 2020 section 13(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)﻿(a) amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(3)﻿(b) amended 11 November 2020 section 13(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)﻿(b) amended 11 November 2020 section 13(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)﻿(b) amended 11 November 2020 section 13(6) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7A(3)﻿(b) amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(4)﻿(a) amended 1 December 2008 section 60(1) Education Amendment Act 2006 Section 7A(4)﻿(b) amended 1 December 2008 section 60(1) Education Amendment Act 2006
8: Smoking
and vaping prohibited
1: The operator of an aircraft must not permit any person to smoke or vape
2: Section 8 heading amended 11 November 2020 section 14(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 8(1) amended 11 November 2020 section 14(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 8(2) repealed 1 June 2004 section 41(3) Civil Aviation Amendment Act 2004
9: Smoking
and vaping
1: This section applies to the following ( passenger service vehicles
a: a large passenger service vehicle while it is carrying passengers:
b: a small passenger service vehicle at all times except when it is returning from carrying a passenger at the end of a shift:
c: a vehicle being used in a small passenger service.
1A:
1B:
2: The operator of a passenger service vehicle must not permit any person to smoke or vape
3: No person may smoke or vape
4: In this section,— large passenger service vehicle section 2(1) small passenger service section 2(1) small passenger service vehicle section 2(1)
5: Nothing in this section permits smoking or vaping in a vehicle carrying child occupants ( see section 20D Section 9 heading amended 11 November 2020 section 15(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9(1) replaced 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(1A) repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(1B) repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(2) replaced 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(2) amended 11 November 2020 section 15(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9(3) replaced 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(3) amended 11 November 2020 section 15(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9(4) inserted 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 9(5) inserted 28 November 2021 section 8 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
10: Application of Act to ships
This Act applies to a ship if, and only if, it is—
a: a New Zealand ship that is within New Zealand; or
b: a foreign ship that—
i: is a ship on demise charter to a New Zealand-based operator; and
ii: is carrying coastal cargo within New Zealand; or
c: a foreign ship that is carrying out mining operations within the meaning of the Crown Minerals Act 1991 Section 10 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 10(c) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
11: Smoking
and vaping
1: This section applies to any area that—
a: is located within an enclosed travel terminal; and
b: is a booking area, passenger queuing area, passenger waiting room, or passenger lounge.
2: The owner or occupier of an area to which this section applies must not permit any person to smoke or vape
3: No person may smoke or vape Section 11 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 11 heading amended 11 November 2020 section 16(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 11(2) amended 11 November 2020 section 16(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 11(3) amended 11 November 2020 section 16(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
12: Smoking
and vaping
1: The licensee of any licensed premises must take all reasonably practicable steps to ensure that no person smokes or vapes
2: Subsection (1) does not prevent the licensee of any licensed premises from prohibiting smoking or vaping
3: No person may smoke or vape Section 12 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 12 heading amended 11 November 2020 section 17(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 12(1) amended 11 November 2020 section 17(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 12(2) amended 11 November 2020 section 17(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 12(3) amended 11 November 2020 section 17(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
13: Smoking
and vaping
1: The operator of a restaurant must take all reasonably practicable steps to ensure that no person smokes or vapes
2: Subsection (1) does not prevent the operator of a restaurant from prohibiting smoking or vaping
3: No person may smoke or vape Section 13 substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 13 heading amended 11 November 2020 section 18(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13(1) amended 11 November 2020 section 18(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13(2) amended 11 November 2020 section 18(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13(3) amended 11 November 2020 section 18(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
13A: Smoking
and vaping
1: The holder of the casino operator's licence in respect of a casino must take all reasonably practicable steps to ensure that no person smokes or vapes
2: Subsection (1) does not prevent the holder of the casino operator's licence in respect of a casino from prohibiting smoking or vaping
3: No person may smoke or vape Section 13A substituted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 13A heading amended 11 November 2020 section 19(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13A(1) amended 11 November 2020 section 19(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13A(2) amended 11 November 2020 section 19(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13A(3) amended 11 November 2020 section 19(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
13B: Smoking
and vaping
1: The holder of a class 4 gambling venue licence in respect of a place must take all reasonably practicable steps to ensure that no person smokes or vapes
2: Subsection (1) does not prevent the holder of a class 4 gambling venue licence in respect of a place from prohibiting smoking or vaping
3: No person may smoke or vape Section 13B inserted 10 December 2004 section 8 Smoke-free Environments Amendment Act 2003 Section 13B heading amended 11 November 2020 section 20(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13B(1) amended 11 November 2020 section 20(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13B(2) amended 11 November 2020 section 20(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 13B(3) amended 11 November 2020 section 20(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
14: Specialist vape retailers and vaping in approved vaping premises exempt
1: Section 5
a: a person who vapes in any approved vaping premises of a specialist vape retailer; and
b: the specialist vape retailer who allows the person to vape in those premises.
2: A specialist vape retailer must take all practicable steps to prevent a person under the age of 18 years from entering the retailer’s approved vaping premises.
3: A specialist vape retailer who contravenes subsection (2)
a: in the case of a body corporate, to a fine not exceeding $10,000; or
b: in any other case, to a fine not exceeding $5,000.
4: In subsection (1) to vape Section 14 replaced 11 November 2020 section 21 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 14(1) amended 1 January 2023 section 9 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
14A: Application for approval as specialist vape retailer
Section 14A repealed 1 January 2023 section 10 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
15: Complaints relating to
smoking or vaping in workplace
1: Where any person believes on reasonable grounds that any person has contravened any provision of this Part in so far as it relates to any workplace, the person may complain to the employer of that workplace, or to the Director-General
2: Where an employer receives a complaint under subsection (1), or a complaint is referred to an employer under section 16(2)﻿(a)
3: Where the contravention is on the part of the employer, the employer shall settle the cause of the complaint, or give an assurance that satisfies the complainant that there will be no repetition of the cause of the complaint.
4: Where the contravention is on the part of an employee or volunteer or volunteer
5: The representative of the employees in the workplace shall be entitled to be present at any meeting called by the employer for the purpose of resolving the complaint and avoiding future cause for complaint.
6: If within 40 working days after receiving the complaint the employer is unable to investigate it and resolve it by agreement, the employer must refer it, in writing, to the Director-General. Section 15 heading amended 11 November 2020 section 22 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 15 heading amended 10 December 2004 section 10(1) Smoke-free Environments Amendment Act 2003 Section 15(1) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 15(4) amended 10 December 2004 section 10(2) Smoke-free Environments Amendment Act 2003 Section 15(6) substituted 10 December 2004 section 10(3) Smoke-free Environments Amendment Act 2003
16: Complaints to
Director-General
1: Any person may make a complaint to the Director-General
2: When the Director-General
a: where—
i: the contravention allegedly occurred in any workplace; and
ii: the person who is the subject of the complaint is the employer for that workplace, or an employee or volunteer
iii: the complaint was not referred to the Director-General subsection (6) of section 15 the complaint shall be forwarded by the Director-General
b: in all other cases, the matter shall be dealt with as though it were a complaint to which subsection (3) applied.
3: On receipt by the Director-General section 91
4: The person who investigates the complaint may take no further action if the complaint is trivial, frivolous, vexatious, or not made in good faith, or if, during the investigation, the person receives a satisfactory assurance that there will be no repetition of the cause for the complaint; and in any such case the person who made the complaint shall be advised of the reasons why no further action is being taken.
5: The person investigating the complaint may, on investigation, try to settle the cause of the complaint and obtain a satisfactory assurance against repetition of the cause of the complaint.
6: Where no such settlement and assurance can be obtained, or if the cause of complaint is in breach of a previously given assurance, a charging document may be filed under section 14 Section 16 heading substituted 29 July 1997 section 4 Smoke-free Environments Amendment Act 1997 Section 16(1) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(2) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(2)﻿(a) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(2)﻿(a)﻿(ii) amended 11 December 2003 section 11 Smoke-free Environments Amendment Act 2003 Section 16(2)﻿(a)﻿(iii) amended 29 July 1997 section 4 Smoke-free Environments Amendment Act 1997 Section 16(3) amended 1 January 2023 section 11 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 16(3) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 16(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
17: Offences in respect of smoking
and vaping
1: An employer who fails to comply with section 5(1)
2A: The managers of any premises who fail to comply with section 7A(1)
2B: The occupier of any premises who fails to comply with section 7A(3)
3: The operator of an aircraft who, without reasonable excuse, permits a person to smoke or vape section 8(1)
4: The operator of a passenger service vehicle who, without reasonable excuse, permits a person to smoke or vape section 9(2)
6: The owner or occupier of an area to which section 11 smoke or vape
7: A licensee who fails to comply with section 12(1)
8: The operator of a restaurant who fails to comply with section 13(1)
8A: The holder of a casino operator's licence who fails to comply with section 13A(1)
8B: The holder of a class 4 gambling venue licence who fails to comply with section 13B(1)
8C: An employer who, without reasonable excuse, fails to comply with section 15(6)
9: Section 17 substituted 10 December 2004 section 12 Smoke-free Environments Amendment Act 2003 Section 17 heading amended 11 November 2020 section 23(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(3) amended 11 November 2020 section 23(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(4) amended 11 November 2020 section 23(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(4) amended 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 17(6) amended 11 November 2020 section 23(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17(9) repealed 11 November 2020 section 23(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
17A: Penalties
1: The managers of any premises who commit an offence against section 17(2A)
a: in the case of managers who are a body corporate, to a fine not exceeding $4,000; and
b: in the case of managers who are not a body corporate, to a fine not exceeding $400 each.
2: A person who commits an offence against a provision of section 17 subsection (2A) or (8C)
a: in the case of a person who is a body corporate, to a fine not exceeding $4,000; and
b: in the case of a person who is not a body corporate, to a fine not exceeding $400.
3: An employer who commits an offence against section 17(8C)
a: in the case of an employer who is a body corporate, to a fine not exceeding $1,000; and
b: in the case of an employer who is not a body corporate, to a fine not exceeding $100.
4: Section 17A inserted 10 December 2004 section 12 Smoke-free Environments Amendment Act 2003 Section 17A(2) amended 11 November 2020 section 24(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 17A(4) repealed 11 November 2020 section 24(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
18: Prosecution of offences
Section 18 repealed 1 January 2023 section 12 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
19: Protection of persons acting under authority of Act
Section 19 repealed 11 November 2020 section 26 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
20: Saving of powers to make bylaws
Nothing in this Part shall limit or affect the powers section 145(b) Section 20 amended 1 July 2003 section 262 Local Government Act 2002 Section 20 amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993
20A: Health and Safety at Work Act 2015 not affected
Nothing in this Part, and no steps taken in compliance or purported compliance with this Part, limits or affects—
a: the Health and Safety at Work Act 2015
b: the obligations of any person under that Act. Section 20A replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
1A: Smoke-free motor vehicles carrying child occupants
Part 1A inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
20B: Purpose of this Part
Section 20B repealed 1 January 2023 section 13 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20C: Interpretation for this Part
In this Part, unless the context otherwise requires,— child occupant motor vehicle section 2(1) road section 2(1) Section 20C inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
20D: Smoking or vaping prohibited in motor vehicle carrying child occupant
1: A person must not smoke or vape in a motor vehicle, whether moving or stationary, that is on a road and has a child occupant.
2: However, a person may smoke or vape in a motor vehicle if—
a: the person is the only occupant of the motor vehicle who is under the age of 18 years; or
b: the motor vehicle is—
i: manufactured for use as an occasional or permanent dwelling; and
ii: stationary on a road and in use as a dwelling.
3: A person who contravenes subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $50; or
b: a fine imposed by a court not exceeding $100.
4: Sections 88 to 90
a: the infringement offence were an infringement offence defined in section 87
b: the infringement fee in subsection (3)﻿(a) were an infringement fee specified in section 87
c: a constable were the enforcement officer referred to in those sections. Section 20D inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
20E: Constable’s powers
1: A constable who sees a person smoking or vaping in a motor vehicle that is on a road and that appears to have a child occupant may do 1 or more of the following, if the constable is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it:
a: signal or request the driver of the motor vehicle to stop the vehicle as soon as practicable:
b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
c: require the person who is smoking or vaping to stop smoking or vaping in the motor vehicle:
d: require any person who is smoking or vaping or appears to be aged under 18 years to provide the person’s—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
2: A constable who sees a person smoking or vaping in a motor vehicle that is on a road and that appears to have a child occupant may do 1 or more of the following, if the constable is in another vehicle following the motor vehicle:
a: by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop:
b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
c: require the person who is smoking or vaping to stop smoking or vaping in the motor vehicle:
d: require any person who is smoking or vaping or appears to be aged under 18 years to provide the person’s—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
3: Despite subsection (1), a constable must not take either of the actions referred to in subsection (1)﻿(c) and (d) if the motor vehicle is—
a: manufactured for use as an occasional or permanent dwelling; and
b: stationary on a road and in use as a dwelling. Section 20E inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 Offences Heading inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
20F: Offences in respect of constables
A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person—
a: intentionally obstructs, hinders, or resists a constable exercising or attempting to exercise powers under section 20E
b: intentionally fails to comply with a requirement under section 20E
c: when required under section 20E(1)﻿(d) or (2)﻿(d) Section 20F inserted 28 November 2021 section 9 Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
1B: Regulation of entry into smoked tobacco and vaping products markets
Part 1B inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
1: Approval as smoked tobacco retailer
Subpart 1 inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20G: Sale of smoked tobacco products other than by approved smoked tobacco retailer prohibited
1: A person must not sell or offer for sale a smoked tobacco product unless the person is an approved smoked tobacco retailer.
2: Subsection (1) does not apply to a person who sells or offers for sale a smoked tobacco product—
a: for export; or
b: to an approved smoked tobacco retailer; or
c: to a distributor of smoked tobacco products who has complied with section 20S
3: A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $400,000. Section 20G inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20H: Application for approval as smoked tobacco retailer
1: A person may apply to the Director-General, in accordance with the application process determined under section 20L
a: specified retail premises; and
b: if applicable, a specified Internet site that is or will be operated together with the specified retail premises.
2: A person who, without reasonable excuse, provides false or misleading information in an application for approval to be an approved smoked tobacco retailer commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 20H inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20I: Grant of approval as smoked tobacco retailer
1: The Director-General must not give a person approval to be an approved smoked tobacco retailer unless satisfied that,—
a: for an individual, the applicant is—
i: a fit and proper person; and
ii: a New Zealand resident; and
b: for an entity,—
i: each responsible person is a fit and proper person; and
ii: the applicant is—
A: carrying on business in New Zealand; or
B: incorporated or registered under New Zealand law; and
c: any retail premises in which the products are or will be sold are—
i: a fixed permanent structure; and
ii: appropriate premises from which to operate; and
d: for a specified Internet site,—
i: the Internet site is or will be operated together with the specified retail premises for which approval is sought; and
ii: there is no reasonable access to retail premises in which smoked tobacco products are or will be sold—
A: in an identifiable geographic area; or
B: by an identifiable part of the population who smoke the products; and
e: the applicant’s security, training, sales, delivery, and other business systems meet any requirements in regulations; and
f: any other requirements in regulations have been met.
2: Despite subsection (1)﻿(d), the Director-General may decline to give any person or class of person approval to be an approved smoked tobacco retailer for a specified Internet site if the Director-General is satisfied that giving the approval would be inconsistent with the purpose set out in section 3A(a)﻿(iii)
3: When considering a matter in subsection (1)﻿(a)﻿(i) or (b)﻿(i), the Director-General must have regard to any criteria or requirements specified in regulations.
4: It is a condition of an approval that the criteria in subsection (1)﻿(a) to (f) continue to be complied with.
5: It is a condition of an approval in respect of a specified Internet site that the holder must not sell or offer for sale at retail smoked tobacco products—
a: at a URL other than the approved URL; and
b: outside the approved geographic area (if any).
6: The Director-General may, in accordance with regulations, impose any other conditions on an approval, or on a class of approval, including the expiry date of the approval.
7: An approval expires on the date specified in the approval unless it is earlier cancelled.
8: An approval is not transferable. Section 20I inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20J: Director-General may suspend approval
1: The Director-General may suspend an approval granted under section 20I
a: any condition of the approval is not being complied with; or
b: an applicable requirement under this Act or regulations is not being complied with.
2: Before suspending an approval, the Director-General must give the holder of the approval a reasonable opportunity to be heard.
3: The Director-General may extend the period of suspension—
a: for a further month:
b: more than once.
4: The Director-General must tell the holder of the approval in writing of the suspension and give reasons.
5: Before the period of suspension ends, the Director-General must—
a: decide whether to cancel or reinstate the approval; and
b: tell the holder of the approval in writing of the decision and give reasons.
6: A cancellation or reinstatement takes effect immediately after the end of the period of suspension.
7: A person whose approval is suspended must not sell a smoked tobacco product during the period of suspension.
8: A person who, without reasonable excuse, contravenes subsection (7) commits an offence and is liable on conviction to a fine not exceeding $400,000. Section 20J inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20K: Director-General may cancel approval
1: The Director-General may cancel an approval without any prior suspension if the Director-General is satisfied that 1 or more of the following are not being complied with:
a: a condition of the approval:
b: a requirement in this Act or regulations.
2: Before cancelling an approval without prior suspension, the Director-General must give the holder of the approval a reasonable opportunity to be heard.
3: The Director-General must tell the holder of the approval in writing of the cancellation and give reasons. Section 20K inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20L: Director-General to determine and publish application process
1: The Director-General must determine an application process for the approval of smoked tobacco retailers that—
a: ensures that any maximum number of approved smoked tobacco retail premises declared for the relevant area under section 20M
b: includes a system for ranking applications, including relative weighting of criteria; and
c: meets any requirements set out in regulations.
2: Before determining the application process, the Director-General—
a: may consult any person whom the Director-General considers appropriate; and
b: must consult Māori in accordance with section 20N
3: The Director-General must set out the application process in writing and publish it on an Internet site maintained by, or on behalf of, the Ministry.
4: The published application process must include—
a: any additional assessment criteria set out in regulations; and
b: a description of the system for ranking applications determined by the Director-General. Section 20L inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20M: Director-General must set maximum numbers of approved smoked tobacco retail premises
1: The Director-General must, by written notice, determine the maximum number of approved smoked tobacco retail premises permitted in 1 or more areas described in the notice (which may include all of New Zealand).
2: The maximum number of approved smoked tobacco retail premises in New Zealand must not exceed 600.
3: The maximum number for each area may be a single current maximum or a series of reducing maximum numbers over time.
4: Before determining the maximum number and the area to which that number applies, the Director-General—
a: may consult any person whom the Director-General considers appropriate; and
b: must consult Māori in accordance with section 20N
5: In determining the maximum number and the area to which that number applies, the Director-General must take into account—
a: the population size in the area and the estimated number of people in the area who smoke; and
b: the geographic nature of the area, including the estimated average travel time required to purchase smoked tobacco products; and
c: the views of those consulted under subsection (4).
6: The Director-General may amend or replace a notice made under this section in accordance with subsections (1) to (5).
7: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20M inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20N: Consultation with Māori
1: For the purposes of section 20L(2)
a: the Māori Health Authority; and
b: each iwi-Māori partnership board; and
c: any iwi or other Māori who the Director-General considers have an interest in the application process.
2: For the purposes of section 20M(4)
a: the Māori Health Authority; and
b: any iwi-Māori partnership board for all or part of a proposed area; and
c: any iwi whose rohe includes all or part of a proposed area; and
d: any other Māori who the Director-General considers will be affected.
3: The Director-General must consult the Māori Health Authority before determining whom to consult for the purposes of subsections (1)﻿(c) and (2)﻿(c) and (d).
4: The Director-General must have systems in place for the purposes of—
a: carrying out the consultation under subsections (1) and (2); and
b: enabling that consultation to inform the Director-General’s decisions under sections 20L(1) 20M(1) Section 20N inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20O: Director-General to ensure maximum numbers of approved smoked tobacco retail premises not exceeded
The Director-General must ensure, when granting a person approval to be an approved smoked tobacco retailer, that any maximum number of approved smoked tobacco retail premises determined for the relevant area under section 20M Section 20O inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
2: Approval as specialist vape retailer
Subpart 2 inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20P: Application for approval as specialist vape retailer
1: A person who sells vaping products from retail premises may apply to the Director-General for approval to be a specialist vape retailer in relation to specified retail premises and, if applicable, specified Internet sites.
2: The Director-General must not give a person approval to be a specialist vape retailer unless satisfied that—
a: the retail premises in which the vaping products are or will be sold are—
i: a fixed permanent structure; and
ii: appropriate premises from which to operate; and
b: at least—
i: 70% of the total sales from the retail premises are or will be from the sale of vaping products; or
ii: 60% of the total sales from the retail premises are or will be from the sale of vaping products and the Director-General is satisfied that the lower threshold is appropriate in the circumstances; and
c: any requirements in regulations have been met.
3: In determining whether the lower threshold is appropriate in the circumstances, the Director-General must, in accordance with regulations (if any), have regard to—
a: the geographic location of the retail premises; and
b: the population in relation to which the retailer carries out their business; and
c: any criteria prescribed in regulations.
4: In making an assessment under subsection (2)﻿(b), the Director-General may take into account the total sales from the retail premises for the previous 12 months (if any) and any other information that the Director-General considers relevant.
5: A person who, without reasonable excuse, provides false or misleading information in an application for approval to be a specialist vape retailer commits an offence and is liable on conviction to a fine not exceeding $10,000. Section 20P inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20Q: Conditions of approval granted under section 20P
1: It is a condition of an approval granted under section 20P
a: the criteria in section 20P(2)﻿(a) to (c) section 14(2)
b: the sales threshold be maintained or, if it was not attained when approval was given, that it be maintained on and from a date specified in the approval.
2: The Director-General may, in accordance with regulations, impose any other conditions on the approval.
3: The Director-General may suspend an approval if the Director-General has reasonable grounds to believe that any condition of the approval is not being complied with.
4: The Director-General may cancel an approval if the Director-General is satisfied that any condition of the approval is not being complied with.
5: In this section, sales threshold section 20P(2)﻿(b)﻿(ii) Section 20Q inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
3: Notification obligations
Subpart 3 inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20R: Obligation of person selling notifiable products
1: A person who sells notifiable products in New Zealand must notify the Director-General that they are selling the products.
2: A person who sells notifiable products in New Zealand must renew their notification each year before the anniversary of their previous notification.
3: A notification (including a renewal of a notification) must be made on the database in accordance with requirements in regulations.
4: A person who, without reasonable excuse, fails to notify the Director-General that they are selling a notifiable product or fails to renew a notification commits an offence and is liable to a fine not exceeding $5,000. Section 20R inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
20S: Obligation of distributor in respect of smoked tobacco products
1: A distributor of smoked tobacco products in New Zealand must notify the Director-General that they are distributing the products.
2: A distributor of smoked tobacco products in New Zealand must renew their notification each year before the anniversary of their previous notification.
3: A notification (including a renewal of a notification) must be made on the database in accordance with requirements in regulations.
4: A distributor of smoked tobacco products in New Zealand who, without reasonable excuse, fails to notify the Director-General that they are distributing a smoked tobacco product or fails to renew a notification commits an offence and is liable to a fine not exceeding $5,000. Section 20S inserted 1 January 2023 section 14 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
2: Restrictions on advertising, promotion, sale, and distribution of regulated products
Part 2 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
21: Outline of this Part
Section 21 repealed 1 January 2023 section 15 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
22: Purposes of this Part
Section 22 repealed 1 January 2023 section 16 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
1: Restrictions on advertising of regulated products and related communications
Subpart 1 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
23: Publishing regulated product advertisement prohibited
1: A person must not publish a regulated product advertisement in New Zealand, or arrange for another person to publish it in New Zealand, unless the person is authorised by or under this subpart or subpart 2
2: A notice or sign must be treated as a regulated product advertisement if the notice or sign—
a: communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and
b: is displayed inside or at the outside of the place of business of a person who offers the products for sale (whether by retail or wholesale); and
c: is not required or permitted by this Act or regulations.
3: A message must be treated as a regulated product advertisement if the message—
a: communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and
b: is an Internet-sales message; and
c: is not required or permitted by this Act or regulations.
4: Subsections (2) and (3) subsection (1) section 2(1)
5: A person who, without reasonable excuse, contravenes subsection (1)
a: in the case of a manufacturer, an importer, or a distributor,—
i: to a fine not exceeding $600,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
b: in the case of a large retailer,—
i: to a fine not exceeding $200,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
c: in any other case,—
i: to a fine not exceeding $50,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 23 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
24: Specified publications exempt from advertising prohibition
Section 23
a: any price list given to retailers of regulated products if the price list—
i: complies with regulations; and
ii: includes the health messages required by or under Part 3
b: any advertisement included in any book, magazine, or newspaper printed outside New Zealand, or in any radio or television transmission originating outside New Zealand, or in any film or video recording made outside New Zealand, unless—
i: the main purpose of the book, magazine, newspaper, transmission, film, or video recording is the promotion of the use of regulated products; or
ii: the book, magazine, newspaper, film, or video recording is intended for sale, distribution, or exhibition primarily in New Zealand; or
iii: in the case of an advertisement in any radio or television transmission, the advertisement is targeted primarily at a New Zealand audience:
c: any regulated product advertisement published by a regulated products manufacturer in a magazine intended for distribution only to the manufacturer’s employees:
d: the exhibition, in any museum or art gallery, of any work or artifact:
e: the dissemination, broadcasting, or exhibition of any film, video recording, or sound recording where—
i: that film, video recording, or sound recording was made before 16 December 1990; and
ii: the regulated product advertisement included in that film, video recording, or sound recording is in the form of a reference to, or a depiction of, a tobacco product trade mark that is only an incidental part of that film, video recording, or sound recording:
f: a public health message issued by the Director-General for the purposes of this Act or any of its Parts that is published by a public service or an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly) by a public service:
g: the following activities:
i: the display, in accordance with any regulations, of vaping products that are available for sale within the retail premises or on the Internet site of the retailer
ii: if regulations made under section 81(1)﻿(5)﻿(ii)
iii: until regulations made under section 81(1)﻿(5)﻿(ii)
h: any advice or message given by a suitably qualified health worker to an individual or to groups for the purpose of supporting them to switch from smoking to vaping:
i: the following activities:
i: the publication and dissemination of research about vaping products, smokeless tobacco products, and their use:
ii: the publication and dissemination of research about encouraging smokers to switch to a product that is less harmful than smoking:
j: the publication of media articles, commentary, and opinion that—
i: encourage people to switch to a regulated product that is significantly less harmful than smoking; and
ii: are not sponsored by the manufacturer, importer, retailer, or distributor of that product:
k: information provided by manufacturers and importers, in accordance with any regulations, to retailers about the use of vaping products and smokeless tobacco products:
l: communications about vaping products made, in accordance with any regulations, by specialist vape retailers to their existing customers. Section 24 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 24(g)﻿(i) amended 1 January 2023 section 17 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 24(g)﻿(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24(g)﻿(iii) amended 28 October 2021 section 3 Secondary Legislation Act 2021
25: Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances
Retailer exemption
1: A retailer of regulated products may do all or any of the following things:
a: in response to a product request, provide, inside that retailer’s place of business, information (in any medium) that—
i: is in the form of printed, written, or spoken words; and
ii: does no more than identify the regulated products available for purchase in that place and indicate their price; and
iii: complies with any requirements in regulations:
b: display inside that retailer’s place of business any notice for the public that—
i: does no more than indicate, using only printed or written words, the fact that regulated products in general are available for purchase in that place and the location or locations where they may be purchased; and
ii: complies with any requirements in regulations:
c: display the retailer’s name or trade name at the outside of the retailer’s place of business or on their Internet site so long as the name is not and does not include a reserved name.
2: Vending machine exemption
3: A person who offers regulated products for sale (whether by retail or wholesale) by way of an automatic vending machine may display, on the outside of the vending machine, any notice for the public that—
a: does no more than—
i: identify (using only printed or written words) the regulated products; and
ii: indicate (using only printed or written words) their prices; and
b: complies with any requirements in regulations. Internet-seller exemption
4: A person who offers regulated products for Internet sale (whether by retail or wholesale) may, in response to a product request, allow to be visible on the person's Internet site when people browse, enter, or otherwise access the site, information that—
a: is in the form of printed or written words; and
b: does no more than identify the regulated product and indicate its price; and
c: complies with any requirements in regulations.
5: Subsections (1)﻿(a) and (b) and (4) section 24(g)
6: In this section, reserved name
a: in respect of a name displayed on the outside of a specialist vape retailer’s approved vaping premises or on their approved Internet site, a name that includes—
i: any word or expression signifying that a regulated product other than a vaping product is available for purchase in that place; or
ii: the trade mark of a regulated product, other than a trade mark registered by the specialist vape retailer relating to—
A: a vaping product manufactured by the specialist vape retailer; or
B: the specialist vape retailer’s retail vaping business; or
iii: the company name of a manufacturer or an importer of regulated products, unless it is also the company name of the specialist vape retailer; and
b: in respect of a name that is displayed on the outside of the place of business or the approved Internet site of any other retailer of regulated products, a name that includes—
i: any word or expression signifying that a regulated product is available for purchase in that place; or
ii: the trade mark of a regulated product; or
iii: the company name of a manufacturer or an importer of regulated products. Section 25 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 25(1)﻿(c) replaced 1 January 2023 section 18(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 25(2) repealed 1 January 2023 section 18(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 25(6) inserted 1 January 2023 section 18(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
26: Liability of employees, employers, agents, and principals
For the purposes of this Act, every person is deemed to publish a regulated product advertisement whether the person does so on the person’s own account or as the agent or employee of any other person. Section 26 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
27: Prohibited oral communications
1: A retailer must not make any oral communication to any customer within their retail premises that has the effect of—
a: encouraging the use of a regulated product:
b: notifying the availability of a regulated product:
c: promoting the sale of a regulated product:
d: promoting smoking or vaping behaviour.
2: A person who, without reasonable excuse, contravenes subsection (1)
a: in the case of a large retailer,—
i: to a fine not exceeding $200,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
b: in any other case,—
i: to a fine not exceeding $50,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.
3: Subsection (1)
a: communications made in response to a product request that do no more than identify the regulated products available for purchase in that place and indicate their price:
b: communications encouraging smokers to switch to a product that is less harmful than smoking:
c: communications about vaping products made, in accordance with any regulations, by specialist vape retailers to customers in their approved vaping premises:
d: information provided, in accordance with any regulations, by a specialist vape retailer relating to the safe use of regulated products available for purchase in their approved vaping premises:
e: communications made by a retailer who is a suitably qualified health worker for the purpose of supporting customers to switch from smoking to vaping. Section 27 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
2: Restrictions on sponsorship and related activities
Subpart 2 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
28: Defined terms in this subpart
In this subpart, unless the context otherwise requires,— organised activity sponsor
a: to organise or promote, before the activity is to take place, or during the time that it takes place, some or all of the activity:
b: to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution towards some or all of the activity:
c: to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution to a person—
i: in respect of that person’s organisation or promotion of some or all of the activity; or
ii: in respect of that person’s participation in some or all of the activity. Section 28 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
29: Sponsoring activity involving use of trade mark, etc, of regulated product
1: A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves the use, in the name of that activity, or on or through any thing other than a regulated product, of all or any of the following:
a: a regulated product trade mark:
b: all or any part of a company name included in a regulated product trade mark:
c: 1 or more words, logos, colours, shapes, sounds, smells, or other elements of a regulated product trade mark that, as those 1 or more elements are used in the name, or on or through the thing, are likely to cause a person exposed to the name or thing to believe that the 1 or more elements are used in, on, or through it only or mainly for the purpose of advertising the product.
2: A person who, without reasonable excuse, contravenes subsection (1)
a: in the case of a manufacturer, an importer, or a distributor,—
i: to a fine not exceeding $600,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
b: in the case of a large retailer,—
i: to a fine not exceeding $200,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
c: in any other case,—
i: to a fine not exceeding $50,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 29 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
30: Sponsoring activity involving exclusive supply arrangement
1: A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves an arrangement for the person to be the only person supplying regulated products at, or for the purposes of, some or all of the activity.
2: The arrangement may be a contract or a legally binding or other agreement, undertaking, or understanding.
3: Subsection (2) subsection (1)
4: This section is not subject to, and does not override, the Commerce Act 1986
5: A person who, without reasonable excuse, contravenes subsection (1)
a: in the case of a manufacturer, an importer, or a distributor,—
i: to a fine not exceeding $600,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
b: in the case of a large retailer,—
i: to a fine not exceeding $200,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
c: in any other case,—
i: to a fine not exceeding $50,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 30 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
31: Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events
1: A person must not use a regulated product trade mark—
a: on a non-regulated article; or
b: for the purpose of advertising or identifying to the public—
i: any non-regulated article; or
ii: any service, activity, or event; or
iii: any scholarship, fellowship, or other educational benefit,— even though that person would be, but for this Act, entitled to use the trade mark on that article or for that purpose.
2: If a trade mark includes the company name, or part of the company name, of a manufacturer, importer, or distributor in New Zealand of any regulated product, no person may use that company name for the purpose of advertising or identifying to the public—
a: any non-regulated article; or
b: any service, activity, or event; or
c: any scholarship, fellowship, or other educational benefit,— even though that person would be, but for this Act, entitled to use that trade mark or company name for that purpose.
3: A person must not distribute, sell, or offer or expose for sale any non-regulated article that bears a trade mark of a regulated product that is sold in New Zealand.
4: In this section, non-regulated article
a: a regulated product; or
b: a package in which a regulated product is sold or shipped.
5: A person who, without reasonable excuse, contravenes subsection (1), (2), or (3)
a: in the case of a manufacturer, an importer, or a distributor,—
i: to a fine not exceeding $600,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
b: in the case of a large retailer,—
i: to a fine not exceeding $200,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
c: in any other case,—
i: to a fine not exceeding $50,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000. Section 31 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
32: Exemption for craft in emergencies
1: In this section, craft with a prohibited display
2: If a craft with a prohibited display is compelled to enter New Zealand by reason of health or safety, or for the preservation of life or property, nothing in sections 23 30 31 Section 32 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
3: Prohibited ways of supplying and distributing regulated products
Subpart 3 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
33: Free distribution of regulated product prohibited
1: A manufacturer, distributor, importer, or retailer of regulated products must not do either of the following free of charge or at a reduced charge:
a: distribute any regulated product:
b: supply any regulated product to any person for subsequent distribution.
2: A retailer of regulated products must not supply free of charge, or at a reduced charge, any regulated product to any person for the purpose of that retailer's business.
3: For the purposes of this section, a regulated product is distributed or supplied at a reduced charge
a: the charge for the product itself is reduced; or
b: the charge for distribution or supply of the product is not reduced or purports not to be reduced, but some other item is supplied free of charge or at a reduced charge, together with the product.
4: Subsection (2) does not apply to the supply of vaping products by a specialist vape retailer from their approved vaping premises or approved Internet site.
5: Subsections (1) and (2)
6: A person who, without reasonable excuse, distributes or supplies any regulated product in contravention of subsection (1) or (2)
a: in the case of a manufacturer, an importer, or a distributor,—
i: to a fine not exceeding $600,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
b: in the case of a large retailer,—
i: to a fine not exceeding $200,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
c: in any other case,—
i: to a fine not exceeding $50,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.
7: It is a defence to a charge in respect of a contravention of subsection (1) Section 33 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 33(4) replaced 1 January 2023 section 19 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
34: Distribution and supply of regulated product with other product prohibited
1: A manufacturer, distributor, importer, or retailer of regulated products must not—
a: distribute an accompanied regulated product; or
b: supply an accompanied regulated product to another person for later distribution.
2: A retailer of a regulated product must not supply an accompanied regulated product to another person for the purpose of that retailer's business.
3: In this section, accompanied regulated product
a: packed together with a product that is not a regulated product; or
b: distributed or supplied, together with a product that is not a regulated product, at a single price.
4: A person who, without reasonable excuse, contravenes subsection (1) or (2)
a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; and
b: in any other case, to a fine not exceeding $5,000. Section 34 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
35: Arrangements conflicting with Act have no effect
1: A term has no effect if—
a: it is expressed or implied in an arrangement of any kind in any form; and
b: compliance with it would limit or prevent compliance with section 33 34
2: The arrangement may be a contract or a legally binding or other agreement, undertaking, or understanding.
3: Subsection (2) subsection (1)
4: A party to the arrangement (or a person who is claiming through or under that party) may seek relief under subpart 5
a: regardless of whether the arrangement is a contract:
b: as if compliance with the term were performance, in a way that gives rise to illegality, of a provision of a contract. Section 35 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
4: Inducements and rewards involving regulated products prohibited
Subpart 4 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
36: Rewards involving regulated product prohibited
1: A person must not offer any gift or cash rebate, or the right to participate in any contest, lottery, or game, to—
a: the purchaser of a regulated product in consideration for the purchase of that product; or
b: any person in consideration for the provision of evidence of the purchase of a regulated product.
2: A person must not offer to any retailer any gift or cash rebate, or the right to participate in any contest, lottery, or game, as an inducement or reward in relation to—
a: the purchase or sale of regulated products by that retailer; or
b: the advertising of regulated products inside that retailer’s place of business; or
c: the location of regulated products in a particular part of that retailer's place of business.
3: Subsections (1) and (2)
a: purchases or attempts to purchase a regulated product for the purpose of monitoring compliance with this Part; and
b: is authorised—
i: by the Director-General for that purpose; or
ii: by a person authorised by the Director-General for that purpose.
4: Subsection (1) subsection (1)
5: A person who, without reasonable excuse, contravenes subsection (1) or (2)
a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or
b: in any other case, to a fine not exceeding $5,000. Section 36 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
5: Visibility of regulated products
Subpart 5 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
37: Regulated product (other than vaping product) must not be visible from place of business
1: A person who offers a regulated product other than a vaping product for sale (whether by retail or wholesale) must not allow any part of the regulated product or its package—
a: to be visible from outside the person's place of business; or
b: to be visible from an area inside the person's place of business to which members of the public are allowed access.
2: Subsection (1)
a: the product or package is visible only to the extent that is necessary for it to be delivered—
i: to the person at the place; or
ii: to its purchaser at or from the place; and
b: the form of its delivery complies with any regulations made under section 81(1)﻿(13)
3: Subsection (1) section 81(1)﻿(14)
4: A person who, without reasonable excuse, contravenes subsection (1) Section 37 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 37(2)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021
6: Information and warnings at point of sale and on Internet
Subpart 6 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
38: Point-of-sale health information or warning signs
1: This section applies if regulations made under section 81(1)﻿(15)
2: A person to whom those regulations apply who offers a regulated product for sale (by retail or wholesale) must—
a: display a sign for the public that—
i: does no more than communicate health information or warnings; and
ii: complies with those regulations; and
b: display the sign clearly at each point of sale at the outside of or inside the person's place of business.
3: A person who, without reasonable excuse, contravenes subsection (2) Section 38 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 38(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
39: Internet-sales health information or warnings
1: This section applies if regulations made under section 81(1)﻿(16)
2: A person to whom those regulations apply who offers a regulated product for Internet sale (by retail or wholesale) must comply with those regulations.
3: A person who, without reasonable excuse, contravenes subsection (2) Section 39 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 39(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
7: Sale of regulated products and toy regulated products to people under 18 years
Subpart 7 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
40: Sale and delivery of regulated product to people younger than 18 years prohibited
1: A person—
a: must not sell a regulated product to a person younger than 18 years; or
b: having sold a regulated product to a person of any age, must not deliver it, or arrange for it to be delivered, to a person younger than 18 years.
2: A person who contravenes subsection (1)﻿(a) or (b)
a: in the case of a body corporate, to a fine not exceeding $10,000; and
b: in any other case, to a fine not exceeding $5,000.
3: It is a defence to a charge under subsection (2)
a: the contravention occurred without the person’s knowledge; and
b: the person took reasonable precautions and exercised due diligence to prevent the contravention.
4: A person charged with contravening subsection (1)﻿(a) subsection (3)﻿(a) and (b)
4A: A person charged with contravening subsection (1)﻿(a) does not satisfy the requirements of subsection (3)﻿(a) and (b) if the person relies solely on a statement (given orally or in written form) from the person to whom the product was sold that indicated that the person was of or over the age of 18 years.
5: Subsection (4) subsection (3)
6: It is not a defence to a charge under subsection (2)
a: that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or
b: that the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.
7:
8: Section 40 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 40(4A) inserted 1 January 2023 section 21(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 40(7) repealed 1 January 2023 section 21(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 40(8) repealed 1 January 2023 section 21(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
41: Supplying regulated product to people younger than 18 years prohibited
1: A person must not, in a public place,—
a: supply a regulated product to a person younger than 18 years; or
b: supply a regulated product to a person with the intention that it be supplied (directly or indirectly) to a person younger than 18 years.
2: A person who contravenes subsection (1)
3: It is a defence to a charge under subsection (2)
a: the contravention occurred without the person’s knowledge; and
b: the person took reasonable precautions and exercised due diligence to prevent the contravention.
4: A person charged with contravening subsection (1)﻿(a) subsection (3)﻿(a) and (b)
5: It is not a defence to a charge under subsection (2)
a: that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years; or
b: that the person charged believed on reasonable grounds that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years.
6: Subsection (1)
7: In this section, public place section 2(1) Section 41 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
42: Sale of toy regulated product to people younger than 18 years prohibited
1: A person must not sell a toy regulated product to a person younger than 18 years.
2: A person who contravenes subsection (1)
3: It is a defence to a charge under subsection (2)
a: the contravention occurred without the person’s knowledge; and
b: the person took reasonable precautions and exercised due diligence to prevent the contravention.
4: The person charged satisfies the requirements of subsection (3)﻿(a) and (b)
5: Subsection (4) subsection (3)
6: It is not a defence to a charge under subsection (2)
a: the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or
b: the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years. Section 42 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
43: Point-of-sale purchase age information
1: This section applies if regulations made under section 81(1)﻿(17)
2: A person to whom those regulations apply who offers a regulated product for sale by retail must display clearly at each point of sale at the outside of or inside the person's place of business a notice for the public that—
a: does no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and
b: complies with any requirements of those regulations.
3: A person who, without reasonable excuse, contravenes subsection (2) Section 43 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 43(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
44: Internet-sales purchase age information or warnings
1: This section applies if regulations made under section 81(1)﻿(18)
2: A person to whom those regulations apply who offers regulated products for sale must comply with those regulations.
3: The health warning information or warnings that are required to be visible must—
a: do no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and
b: comply with the applicable requirements of those regulations.
4: A person who, without reasonable excuse, contravenes subsection (2) Section 44 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 44(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021
45: Court may order certain repeat offenders not to sell regulated product
1: In this section, a repeat offence section 40(2)
a: another offence against section 40(2)
b: an offence against section 30(1) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
2: When sentencing a person for a repeat offence or an offence against subsection (4)
a: prohibiting either or both of the following:
i: the sale of regulated products by or on behalf of the person:
ii: the sale of regulated products at a shop at which the offence occurred; or
b: prohibiting either or both of the following:
i: the sale of regulated products of a stated kind by or on behalf of the person:
ii: the sale of regulated products of a stated kind in the place in which the offence occurred; or
c: imposing any conditions or restrictions (or both) that it thinks fit on either or both of the following:
i: the sale of regulated products by or on behalf of the person:
ii: the sale of regulated products at a shop at which the offence occurred.
3: The order must state—
a: the date on which it takes effect (which may be the date on which it is made or a later date); and
b: the date on which it expires (which must be a date at least 4 weeks and no more than 3 months after the date on which it takes effect).
4: A person who fails to comply with an order under subsection (2)
a: in the case of a body corporate, to a fine not exceeding $10,000; and
b: in any other case, to a fine not exceeding $5,000. Section 45 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
8: Sale of regulated products by way of automatic vending machines
Subpart 8 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
46: Regulated product (other than vaping product) must not be visible from outside automatic vending machines
1: A person who offers a regulated product other than a vaping product for sale by way of an automatic vending machine must not allow any part of the regulated product or its package to be visible from outside the machine.
2: However, subsection (1)
a: the product or package is visible only to the extent that is necessary for it to be delivered to or from the machine; and
b: the form of its delivery complies with regulations made under section 81(1)﻿(13)
3: A person who, without reasonable excuse, contravenes subsection (1)
4: Subsection (1) section 81(1)﻿(14) Section 46 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 46(2)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 46(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021
47: Automatic vending machines must not be located in public place
1: A person must not—
a: permit an automatic vending machine that dispenses or is capable of dispensing regulated products to be located in a public place; or
b: permit a regulated product to be sold by way of an automatic vending machine in a public place.
2: Subsection (1) does not apply to an automatic vending machine if—
a: no individual sale can occur unless the machine is activated by the person who would otherwise be in breach of that subsection (or an employee or agent of that person); and
b: the device used to activate the machine is permanently located—
i: in a place that provides the person using it with a direct line of sight to the person to whom the sale is to be made; and
ii: close to the machine.
3: For the purposes of this Act, a person who activates an automatic vending machine so that the sale of a regulated product to another person occurs is a party to that sale.
4: A person who, without reasonable excuse, contravenes subsection (1)﻿(a) or (b) commits an offence and is liable to a fine not exceeding $2,000.
5: In this section, public place has the same meaning as in section 2(1) Section 47 replaced 1 January 2023 section 27 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
48: Automatic vending machines must display health messages required by or under this Act
1: A person who sells a regulated product from an automatic vending machine that can be seen from a place to which members of the public have access—
a: must display on the machine any health message required by or under this Act (even if the machine is accessible only by the person or their employees or agent); and
b: must display the health message in accordance with regulations.
2: A person commits an offence if the person—
a: offers for sale a regulated product by way of an automatic vending machine; and
b: fails, without reasonable excuse, to display on that machine any health message required by or under this Act.
3: A person who commits an offence against subsection (2)
4: Subsection (1) section 47 Section 48 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
2: Control of smoking products
Part 2 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
21: Purpose of this Part
Section 21 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Promotion and advertising Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
22: Advertising of tobacco products
Section 22 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
22A: Exemptions from advertising prohibition for specified publications
Section 22A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
23: Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers
Section 23 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
23A: Display of tobacco products in or from sales outlets or vending machines generally prohibited
Section 23A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
23B: Transitional exemption regulations expire 12 months after section 23A comes into force
Section 23B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
24: Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events
Section 24 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
25: Sponsoring activity involving use of trade mark, etc, of tobacco products
Section 25 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
25A: Sponsoring activity involving exclusive supply arrangement
Section 25A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
26: Exemptions for participants in certain events
Section 26 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
26A: Exemption for multinational sporting events
Section 26A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
27: Exemption for craft in emergencies
Section 27 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
28: Free distribution and rewards prohibited
Section 28 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
28A: Arrangements conflicting with Act have no effect
Section 28A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
29: Tobacco product not to be advertised or labelled as suitable for chewing, etc
Section 29 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Sale and messages and information Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
29AA: Point-of-sale health information or warnings signs
Section 29AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
29AAB: Internet-sales health information or warnings
Section 29AAB repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
29A: Sale of tobacco products with other products prohibited
Section 29A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
29B: Restriction on use of automatic vending machines
Section 29B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
30: Sale
, and sellers' arranging or effecting delivery, Section 30 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
30AA: Supplying tobacco products or herbal smoking products to people under 18 prohibited
Section 30AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
30AB: Certain repeat offenders may be ordered not to sell tobacco products
Section 30AB repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
30A: Restrictions on sale of certain tobacco products in small quantities
Section 30A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
31: Limits on harmful constituents
Section 31 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
31A: Standardised packaging of tobacco products
Section 31A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
32: Messages and information required for tobacco products
Section 32 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
32AA: Messages and information required for herbal smoking products
Section 32AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Testing, reports, and returns Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
33: Annual testing for constituents
Section 33 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
34: Director-General may require further testing
Section 34 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
35: Returns and reports
Section 35 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Offences Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
36: Offences in respect of
tobacco products and herbal smoking products Section 36 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
36AA: Offence in respect of standardised packaging of tobacco products
Section 36AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
36AAB: Presumption about large retailer
Section 36AAB repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
36A: Toy tobacco products
Section 36A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
37: Enforcement
Section 37 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
38: Liability of employees, employers, agents, and principals
Section 38 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
38A: Infringement offences
Section 38A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
38B: Commission of infringement offences
Section 38B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
38C: Infringement notices
Section 38C repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
38D: Payment of infringement fees
Section 38D repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Miscellaneous provisions Heading repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
39: Regulations
Section 39 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
39A: Regulations for standardised packaging (including messages and information)
Section 39A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
40: Transitional provisions
Section 40 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41: Amendment, repeals, and revocations
Section 41 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41AA: Purposes of Smoke-free Environments (Controls and Enforcement) Amendment Act 2011
Section 41AA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
2A: Powers of enforcement officers
Part 2A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41A: Powers of entry and inspection
Section 41A repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41B: Requirement to give identifying information
Section 41B repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41BA: Search warrant
Section 41BA repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41C: Purposes for which powers may be used
Section 41C repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41D: Duties of enforcement officers
Section 41D repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41E: Offences in respect of enforcement officers
Section 41E repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
41F: Enforcement
Section 41F repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
3: Packaging and labelling of regulated products
Part 3 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Part 3 heading replaced 1 January 2023 section 28 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
49: Purposes of this Part
Section 49 repealed 1 January 2023 section 29 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
1: Packaging and labelling requirements
Subpart 1 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
50: Standardised packaging of regulated products
1: A regulated product—
a: must comply with the requirements in regulations that apply to that product; and
b: if sold or offered for sale,—
i: must be contained in a package; and
ii: must be packaged in a quantity that complies with regulations.
2: The package for a regulated product—
a: must comply with section 52
b: other than part of the package that is wrapping or lining, may display the brand or company name for the product, but only in accordance with regulations; and
c: must comply with regulations in all other respects. Section 50 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
51: Offence in respect of standardised packaging of regulated products
1: This section applies to—
a: a person who manufactures, distributes, sells, offers for sale, or otherwise supplies a regulated product knowing that the product contravenes section 50(1)
b: a person who distributes, sells, offers for sale, or otherwise supplies a regulated product in a package knowing that the package contravenes section 50(2)
c: a person who does the following knowing that a package for a regulated product contravenes section 50(2)
i: manufactures, distributes, sells, offers for sale, or otherwise supplies the package; or
ii: packages, or arranges for the packaging of, a regulated product in the package.
2: The person commits an offence and is liable on conviction,—
a: in the case of a manufacturer, an importer, or a distributor,—
i: to a fine not exceeding $600,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
b: in the case of a large retailer,—
i: to a fine not exceeding $200,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
c: in any other case,—
i: to a fine not exceeding $50,000; but
ii: if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.
3: However, the person does not commit an offence against this section in relation to a regulated product or a package if—
a: the product or package is intended for export; and
b: the product or package has not been sold or supplied at retail, or offered for retail sale, in New Zealand. Section 51 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
52: Messages and information required for regulated product package
1: A package must display, in accordance with regulations, as many of the following things as regulations require:
a: a message relating to—
i: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the regulated product:
ii: the beneficial effects of stopping the use of the product or of not using the regulated product:
b: for a smoked tobacco product, the constituents required by regulations to be listed, and their respective quantities, that are present in the product or its emissions:
c: whether as part of or in addition to any message about effects, a photograph or picture relating to—
i: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the regulated product:
ii: the beneficial effects of stopping the use of the product or of not using the regulated product.
2: A package must, if required by regulations, contain a leaflet with—
a: information (prescribed by regulations for regulated products generally, or regulated products of a class to which the product belongs) relating to—
i: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product:
ii: the beneficial effects of stopping the use of the product or of not using the product; and
b: if the regulated product is intended for smoking, as much of the following information (stated, as regulations may require, by reference to the class of regulated product to which the product belongs, or to the product's brand as a regulated product of any class or variant of a brand of a regulated product of any class) as regulations require:
i: a list of the
ii: a list of the additives, and their respective quantities, present in the product:
iii: a list of the Section 52 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 52(1)﻿(b) replaced 1 January 2023 section 30(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 52(2)﻿(b)﻿(i) amended 1 January 2023 section 30(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 52(2)﻿(b)﻿(iii) amended 1 January 2023 section 30(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
53: Restrictions on sale of certain regulated products in small quantities
1: A manufacturer, importer, distributor, or retailer must not sell or offer for sale—
a: cigarettes in a package that contains fewer than 20 cigarettes; or
b: loose tobacco in a package that contains less than 30 grams of loose tobacco; or
c: any other regulated product in a package that contains fewer than the number (if any) prescribed in regulations for that product.
2: In this section, unless the context otherwise requires,— cigarette loose tobacco
a: tobacco prepared for smoking in hand-rolled cigarettes:
b: pipe tobacco.
3: Nothing in subsection (1)﻿(a)
4: A person who, without reasonable excuse, contravenes subsection (1) Section 53 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
54: Restrictions on advertising, labelling, and sale of oral use products
1: A person must not publish a regulated product advertisement that directly or indirectly states or suggests that a regulated product is suitable for chewing or for any other oral use.
2: A person must not import for sale, sell, pack, or distribute any regulated product labelled or otherwise described as suitable for chewing, or for any other oral use.
3: A person must not import for sale, sell, pack, or distribute any regulated product suitable for chewing or for any other oral use Medicines Act 1981
4: A person who, without reasonable excuse, contravenes subsection (1), (2), or (3)
a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or
b: in any other case, to a fine not exceeding $5,000.
5: In this section, oral use Section 54 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 54(3) amended 1 January 2023 section 31 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
2: Constituents of regulated products
Subpart 2 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
55: Limits on harmful constituents of tobacco products and herbal smoking products
Section 55 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
56: Annual testing for constituents of prescribed regulated products
Section 56 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57: Director-General may require testing or further testing
Section 57 repealed 1 January 2023 section 32 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
3: Transitional provisions for certain amendments
Part 3 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
42: Transitional provisions for certain amendments
Section 42 repealed 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
3: Health Sponsorship Council
Part 3 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
42: Meaning of sponsorship
Section 42 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
43: Council established
Section 43 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
44: Principal functions of Council
Section 44 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
45: Membership of Council
Section 45 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
46: Term of office of members of Council
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Meetings of Council
Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004
48: Conflict of interest
Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004
49: Council to appoint
chief executive Section 49 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
50: Other staff
Section 50 repealed 25 January 2005 section 200 Crown Entities Act 2004
51: Council may appoint advisory and technical committees
Section 51 repealed 25 January 2005 section 200 Crown Entities Act 2004
52: Council may co-opt specialist advice
Section 52 repealed 25 January 2005 section 200 Crown Entities Act 2004
53: Remuneration and allowances for members of Council and committees
Section 53 repealed 25 January 2005 section 200 Crown Entities Act 2004
54: Salaries, etc, to be paid out of funds of Council
Section 54 repealed 25 January 2005 section 200 Crown Entities Act 2004
55: Powers of Council
Section 55 repealed 25 January 2005 section 200 Crown Entities Act 2004
56: Council to provide alternative sponsorship
Section 56 repealed 25 January 2005 section 200 Crown Entities Act 2004
57: Minister may give Council directions
Section 57 repealed 25 January 2005 section 200 Crown Entities Act 2004
58: Council to submit annual budget and plans for Minister's approval
Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004
59: Funds of Council
Section 59 repealed 25 January 2005 section 200 Crown Entities Act 2004
60: Further provisions relating to funds
Section 60 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
61: Liability of Council and members
Section 61 repealed 1 July 2012 section 14(3) New Zealand Public Health and Disability Amendment Act 2012
62: Accounts
Section 62 repealed 21 December 1992 section 42 Public Finance Amendment Act 1992
62A: Crown entity
Section 62A repealed 25 January 2005 section 200 Crown Entities Act 2004
63: Annual reports
Section 63 repealed 25 January 2005 section 200 Crown Entities Act 2004
64: Ombudsmen Act 1975 amended
Section 64 repealed 25 January 2005 section 200 Crown Entities Act 2004
65: Films Act 1983 amended
Section 65 repealed 1 October 1994 section 150(2) Films, Videos, and Publications Classification Act 1993
3A: Requirements for smoked tobacco products
Part 3A inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Smoked tobacco products must be approved Heading inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57A: Interpretation
In this Part, manufacture Section 57A inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57B: Smoked tobacco products must be approved
1: A person must not sell, offer for sale, manufacture, import, or supply a smoked tobacco product unless the product has been approved by the Director-General.
2: A person who knowingly or recklessly contravenes subsection (1) Section 57B inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57C: Application for approval for sale or import of smoked tobacco products
1: A person may apply to the Director-General for approval of a smoked tobacco product intended for sale, manufacture, import, or supply in New Zealand in accordance with any requirements in regulations.
2: The Director-General must not grant approval of a smoked tobacco product for sale, manufacture, import, or supply unless satisfied that—
a: the applicant is,—
i: for an individual, a New Zealand resident:
ii: for an entity,—
A: carrying on business in New Zealand; or
B: incorporated or registered under New Zealand law; and
b: the product has been tested in accordance with regulations; and
c: the product does not contain a constituent—
i: prohibited by this Act or regulations; or
ii: in a quantity that exceeds any limits in this Act or regulations; and
d: any other criteria in regulations have been met.
3: However, the Director-General may grant a specified smoked tobacco product that does not meet 1 or more of the requirements listed in subsection (2)
a: that—
i: the specified product is not a cigarette; and
ii: no similar compliant product can be sourced; and
iii: the sale and supply of the specified product will not result in a significant increase in the appeal and addictiveness of smoked tobacco products; and
iv: any other criteria specified in regulations are met; or
b: that—
i: the specified product will be manufactured in, or imported into, New Zealand for research purposes only and will not be offered for sale or supply; and
ii: any other criteria specified in regulations are met.
4: A temporary approval granted under subsection (3)
a: is subject to review by the Director-General in accordance with any requirements in regulations; and
b: may be revoked following a review under paragraph (a)
c: expires on the date that is 12 months after the date on which it is granted unless earlier revoked; and
d: may be renewed for a further period of up to 12 months.
5: It is a condition of any approval granted under subsection (2)
a: the product continues to meet the requirements in subsection (2)
b: there is no significant change to the product.
6: In this section, significant change
a: a change that produces different results in any testing of the product required by this Act or regulations made under this Act:
b: any other change to the product that is specified in regulations.
7: The Director-General may, in accordance with regulations, impose any other conditions on an approval or a temporary approval.
8: A person who, without reasonable excuse, provides false or misleading information in an application for approval or temporary approval under this section commits an offence and is liable on conviction to a fine not exceeding $50,000. Section 57C inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57D: Director-General may suspend approval or temporary approval
1: The Director-General may suspend an approval or a temporary approval granted under section 57C
a: any condition of the approval is not being complied with; or
b: an applicable requirement under this Act or regulations is not being complied with.
2: Before suspending an approval or a temporary approval, the Director-General must give the holder of the approval or temporary approval a reasonable opportunity to be heard.
3: The Director-General may extend the period of suspension—
a: for a further month:
b: more than once.
4: The Director-General must tell the holder of the approval or temporary approval in writing of the suspension and give reasons.
5: Before the period of suspension ends, the Director-General must—
a: decide whether to cancel or reinstate the approval or temporary approval; and
b: tell the holder of the approval or temporary approval in writing of the decision and give reasons.
6: A cancellation or reinstatement takes effect immediately after the end of the period of suspension.
7: A person must not sell, offer for sale, manufacture, import, or supply a smoked tobacco product whose approval is suspended during the period of suspension.
8: A person who, without reasonable excuse, contravenes subsection (7) Section 57D inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57E: Director-General may cancel approval or temporary approval
1: The Director-General may cancel an approval or a temporary approval without any prior suspension if the Director-General is satisfied that—
a: any condition of the approval is not being complied with; or
b: an applicable requirement under this Act or regulations is not being complied with.
2: Before cancelling an approval or a temporary approval without prior suspension, the Director-General must give the holder of the approval or temporary approval a reasonable opportunity to be heard.
3: The Director-General must tell the holder of the approval or temporary approval in writing of the cancellation and give reasons. Section 57E inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Constituents of smoked tobacco products Heading inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57F: Limits on constituents of smoked tobacco products
1: A person must not sell, offer for sale, manufacture, import, or supply a smoked tobacco product that contains, or generates in its emissions, a constituent that is—
a: prohibited by this Act or regulations; or
b: in a quantity that exceeds any limits in this Act or regulations, as determined in accordance with any prescribed tests.
2: A person who knowingly or recklessly contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $400,000. Section 57F inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57G: Annual testing for constituents of smoked tobacco products
1: This section applies to a smoked tobacco product specified in regulations as a product to which this section applies.
2: Every manufacturer and every importer of a smoked tobacco product must, at their own expense, conduct a test to ensure that the constituents of the product, and their respective quantities, comply with any limits or prohibitions prescribed in this Act or regulations.
3: The tests must be conducted each year by 31 December in accordance with any requirements in regulations.
4: A manufacturer or an importer who, without reasonable excuse, fails to comply with subsection (2) or (3) Section 57G inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57H: Director-General may require testing or further testing
1: The Director-General may, by notice in writing, require a manufacturer or an importer of a smoked tobacco product to conduct tests of the product.
2: Any tests required under this section may be in addition to any tests required under section 57G
3: The tests must be conducted—
a: in accordance with regulations (if any); and
b: at the expense in all respects of the manufacturer or importer.
4: The manufacturer or importer must, if required by the Director-General in the notice in writing, provide, at their own cost, a sample of the product required to be tested—
a: to the Director-General; and
b: in the quantity specified in the notice.
5: In any year, the Director-General must not require tests to be conducted under this section in respect of more than 1 of the brands of smoked tobacco products sold by a particular manufacturer or importer.
6: A person commits an offence if the person, without reasonable excuse,—
a: fails to conduct any tests required under this section; or
b: fails to conduct those tests in accordance with regulations.
7: A person who commits an offence under subsection (6) Section 57H inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
57I: Limits on nicotine for smoked tobacco products
1: The limit for the nicotine content in the tobacco in an individual smoked tobacco product is 0.8 mg/g.
2: Nicotine must not be present in any other constituent of an individual smoked tobacco product, unless it is derived from the tobacco in the product. Section 57I inserted 1 January 2023 section 33 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
4: Regulated products that must be notified
Part 4 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
58: Purpose of this Part
Section 58 repealed 1 January 2023 section 34 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
59: Defined terms
Section 59 repealed 1 January 2023 section 35 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
60: Notifier must not sell product unless it has been notified
1: A notifier of a notifiable product must not sell the product in New Zealand unless it—
a: has been notified in accordance with this Part; and
b: complies with product safety requirements.
2: A notifier must not sell a notifiable product in New Zealand whose notification has expired.
3: A person who, without reasonable excuse, contravenes subsection (1) or (2) Section 60 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
61: Notifier must be New Zealand resident or company registered in New Zealand
A notifier of a notifiable product must be a New Zealand resident or a company registered in New Zealand. Section 61 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
62: Pre-notification requirements
Before notifying a notifiable product that is intended for sale in New Zealand, the notifier must ensure that the product complies with—
a: product safety requirements; and
b: sections 68 69
c: any applicable requirements in regulations. Section 62 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
63: How to notify product
1: A notifier must notify the notifiable product by entering on the database—
a: the notifier’s contact details; and
b: a description of the product and its parts (including its substances) in accordance with regulations; and
c: a declaration by the notifier that the product complies with the requirements referred to in section 62
2: A person who, without reasonable excuse, provides false or misleading information in notifying a notifiable product commits an offence and is liable to a fine not exceeding $50,000. Section 63 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
64: When notification expires
1: A notification of a notifiable product expires 12 months after the date of notification (or its last notification) unless earlier cancelled or renewed.
2: A notifier may renew a product notification by notifying it in accordance with this Part before it expires. Section 64 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
65: Obligations of retailers
1: A retailer must not sell or supply
a: unless it has been notified in accordance with this Part; or
b: that does not comply with product safety requirements; or
c: for which notification has been cancelled or suspended; or
d: whose notification has been expired for more than 3 months; or
e: that has been recalled under section 73
2: A retailer must not, unless subsection (3) vaping product or smokeless tobacco product Part 1
3: A specialist vape retailer—
a: may sell a vaping product that contains any flavour except a prohibited flavour; but
b: if the vaping product contains a flavour that is not from a class of flavour listed in Part 1
4: A retailer must comply with any requirements in regulations (if any) relating to the sale of vaping products or smokeless tobacco products
5: However, subsections (2) to (4)
6: A person who, without reasonable excuse, contravenes subsection (1), (2), (3), or (4) Section 65 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65(1) amended 1 January 2023 section 36(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 65(2) amended 1 January 2023 section 36(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 65(4) amended 1 January 2023 section 36(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
66: Obligation to notify adverse reaction
1: A notifier must advise the Director-General as soon as practicable after the notifier becomes aware of any adverse reaction to the notifiable product.
2: A person who, without reasonable excuse, contravenes subsection (1)
3: In this section, adverse reaction
a: that is experienced by an individual who has used the product; and
b: that is suspected to have been caused (wholly or partly) by the use of the product. Section 66 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
67: When notifiable product must be renotified
1: If, after a notifiable product has been notified, the product or any part of the product undergoes a significant change, the notifier must, as soon as practicable,—
a: cancel the product notification for the product; and
b: complete a new product notification that accurately reflects the change to the product.
2: In this section, significant change
a: a change to the composition or nicotine level of the product’s vaping substance:
b: a change to the composition or strength of the product’s tobacco component:
c: a change to the product’s atomiser:
d: a change to any other part or component of the product that is specified in regulations. Section 67 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
68: Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance
1: A notifiable product must not contain a prohibited substance.
2: A notifiable product must not contain a prohibited flavour.
3: A substance or mixture of substances that is intended to be vaporised or aerosolised by a notifiable product must not contain a colouring substance. Section 68 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
69: Substances in notifiable product must not exceed maximum limits
1: A notifiable product must not contain a substance in excess of any maximum limit declared under this section.
2: The Director-General may declare a maximum limit for a substance contained in a notifiable product if satisfied, on reasonable grounds, that exceeding the limit causes the product to become unsafe.
3: A declaration under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on an Internet site maintained by, or on behalf of, the Ministry of Health LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 69 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 69(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
69A: Annual testing for constituents of notifiable products
1: This section applies to a notifiable product specified in regulations as a product to which this section applies.
2: Every manufacturer and every importer of a notifiable product must, at their own expense, conduct either or both of the following tests (as regulations require):
a: a test for the constituents of each brand of the product sold by the manufacturer or importer, and the respective quantities of those constituents:
b: a test for the constituents of any emissions.
3: The tests must be conducted each year by 31 December in accordance with any requirements in regulations.
4: If regulations require it, each variant of the brand must be tested separately.
5: A person commits an offence if the person, without reasonable excuse,—
a: fails to conduct any tests required under this section; or
b: fails to conduct those tests in accordance with regulations.
6: A person who commits an offence under subsection (5)
a: in the case of a body corporate, to a fine not exceeding $10,000; or
b: in any other case, to a fine not exceeding $5,000. Section 69A inserted 1 January 2023 section 37 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
69B: Director-General may require testing or further testing of notifiable product
1: The Director-General may, by written notice, require a manufacturer or an importer of a notifiable product to conduct tests of the product.
2: Any tests required under this section may be in addition to any tests required under section 69A
3: The tests must be conducted—
a: in accordance with regulations; and
b: at the expense in all respects of the manufacturer or importer.
4: The manufacturer or importer must, if required by the Director-General in the written notice, provide, at their own cost, a sample of the product required to be tested—
a: to the Director-General; and
b: in the quantity specified in the notice.
5: In any year, the Director-General must not require tests to be conducted under this section in respect of more than 1 of the brands of prescribed notifiable products to which section 69A
6: However, subsection (5)
7: A person commits an offence if the person, without reasonable excuse,—
a: fails to conduct any tests required under this section; or
b: fails to conduct those tests in accordance with regulations.
8: A person who commits an offence under subsection (7)
a: in the case of a body corporate, to a fine not exceeding $10,000; or
b: in any other case, to a fine not exceeding $5,000. Section 69B inserted 1 January 2023 section 37 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
70: Declaration of prohibited substance
1: The Director-General may declare a substance to be a prohibited substance if satisfied that the substance is unsafe for use in a notifiable product.
2: A declaration under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on an Internet site maintained by, or on behalf of, the Ministry of Health LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 70 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 70(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
71: Director-General may require notifier to provide information about safety of notifiable product
1: The Director-General may, by written notice, require a notifier of a notifiable product to provide information relating to the safety of the notifiable product.
2: The notifier must provide the information within the period specified in the notice.
3: A notifier who knowingly provides false or misleading information in response to the notice commits an offence and is liable to a fine not exceeding $50,000.
4: A notifier who fails to comply with subsection (2) Section 71 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
72: Director-General may issue warning
1: If the Director-General has reasonable grounds to believe that the continued availability of a notifiable product poses a risk of harm to people, the Director-General may issue a public warning to that effect.
2: A public warning issued under subsection (1) Section 72 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
73: Recall
1: If the Director-General is satisfied, on reasonable grounds, that the continued availability of a notifiable product poses an unacceptable risk to people’s safety, the Director-General may—
a: issue a public statement to that effect; and
b: by written notice, require the notifier to arrange for the recall of the product.
2: The notice may specify when and how the notifier must comply with the notice.
3: The notifier must advise the Director-General as soon as practicable when the notice has been complied with.
4: A notifier who, without reasonable excuse, fails to comply with the notice commits an offence and is liable to a fine not exceeding $400,000.
5: A public statement issued under subsection (1) Section 73 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
74: Director-General may suspend product notification
1: The Director-General may suspend a product notification of a notifiable product for 1 month if—
a: the Director-General has reasonable grounds to believe that the continued availability of a notifiable product poses an unacceptable risk of harm to people; or
b: the Director-General has reasonable grounds to believe the notifier has provided false, misleading, or incomplete information in the product notification or in response to a requirement under section 71
c: the Director-General has reasonable grounds for concern because of new information about the safety of the product; or
d: the Director-General has reasonable grounds to believe that the product contains a prohibited substance, a prohibited flavour, or a colouring substance, or contains a substance that exceeds any maximum limit.
2: Before suspending a product notification of a notifiable product, the Director-General must give the notifier a reasonable opportunity to be heard.
3: The Director-General may extend the period of suspension—
a: for a further month:
b: more than once.
4: The Director-General must tell the notifier in writing of the suspension and give reasons.
5: Before the period of suspension ends, the Director-General must—
a: decide whether to cancel or reinstate the product notification for the product; and
b: tell the notifier in writing of the decision and give reasons.
6: A cancellation or reinstatement takes effect immediately after the end of the period of suspension.
7: If a product notification of a notifiable product is cancelled, the notifier must comply with section 75(4) Section 74 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
75: Cancellation of product notification
1: The Director-General may cancel a product notification of a notifiable product without any prior suspension if—
a: the Director-General has reasonable grounds to believe that the continued availability of the product poses an unacceptable risk of harm to people; or
b: the Director-General has reasonable grounds to believe the notifier has provided false, misleading, or incomplete information in the product notification or in response to a requirement under section 71
c: the Director-General has reasonable grounds for concern because of new information about the safety of the product; or
d: the Director-General has reasonable grounds to believe that the product contains a prohibited substance, a prohibited flavour, or a colouring substance, or contains a substance that exceeds any maximum limit.
2: Before cancelling a product notification of a notifiable product, the Director-General must give the notifier a reasonable opportunity to be heard.
3: The Director-General must tell the notifier in writing of the cancellation and give reasons.
4: If a product notification of a notifiable product is cancelled under this section or section 74
a: must ensure that the product is not sold by any person on and from the date on which the cancellation takes effect; and
b: must not complete another product notification for the product unless the Director-General is satisfied, on application by the product notifier, that—
i: the grounds for cancellation no longer apply; or
ii: any concerns of the Director-General leading to the cancellation have been addressed appropriately.
5: A person who, without reasonable excuse, contravenes subsection (4)﻿(a)
6: A person who, without reasonable excuse, contravenes subsection (4)﻿(b) Section 75 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
76: Appeals against decision to suspend or cancel product notification
Section 76 repealed 1 January 2023 section 38 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
77: Establishment of database and confidentiality of certain information
1: The Director-General must establish and maintain a database for the purpose of this Part.
2: The database may be in any form that the Director-General thinks fit.
3: The Director-General must protect the confidentiality of any information that—
a: is entered
b: may reasonably be regarded as confidential or commercially sensitive. Section 77 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 77(3)﻿(a) amended 1 January 2023 section 39 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
78: Technical advisory committee
1: The Director-General may establish 1 or more advisory committees to advise the Director-General on the exercise and performance of the Director-General’s powers and functions under this Part.
2: The Director-General may—
a: appoint members of the advisory committee on any terms and conditions that the Director-General thinks fit; and
b: specify terms of reference for the committee’s work.
3: In appointing members of the advisory committee, the Director-General—
a: must take into account the need for members to collectively have knowledge and expertise relating to—
i: the risks and benefits associated with alternative tobacco and nicotine-delivery products; and
ii: how alternative tobacco and nicotine-delivery products are regulated internationally; and
iii: the manufacture, importation, and retail sale of alternative tobacco and nicotine-delivery products; and
b: may take into account any other knowledge or expertise that the Director-General considers relevant.
4: An advisory committee may, subject to any provision in this Act, the regulations, and any terms of reference, determine its own procedure. Section 78 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
79: Appeals committee
Section 79 repealed 1 January 2023 section 40 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
5: Regulations, enforcement, and other matters
Part 5 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
80: Outline
1: Subpart 1
2: Subpart 2
3: Subpart 3
4: Subpart 4 Section 80 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
1: Regulations
Subpart 1 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
81: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: Forms, registers, and other documents
1: prescribing forms, certificates, notices, leaflets, signs, particulars, and notifications, and the persons by whom and the persons to whom any of them must be supplied:
2: prescribing records and registers for the purposes of this Act or any of its Parts, including—
i: prescribing the manner in which and the period during which any such records and registers must be kept; and
ii: prescribing the persons to whom, and the conditions on which, any such records and registers may be available for searching, inspection, and copying: Internal area
3: prescribing criteria or a means for determining whether part of any premises or vehicle is an internal area for the purpose of paragraph (a) of the definition of internal area in section 2(1) Health messages on automatic vending machines
4: prescribing for the purposes of section 48
i: the form, size, and content of messages to be displayed on automatic vending machines that dispense regulated products:
ii: the circumstances and manner in which the messages must be displayed: Section 24 exemptions
5: for the purposes of the exemption in section 24(g)
i: vaping products that may be displayed in retail premises or on a retailer’s Internet site and how those products may be displayed:
ii: information relating to vaping products that may be provided in retail premises or on a retailer’s Internet site and how that information may be provided:
6: prescribing—
i: for the purposes of the exemption in section 24(k)
ii: for the purposes of the exemption in section 24(l)
7: prescribing for the purposes of the exemption in section 24(a) Section 25 exemptions
8: prescribing for the purposes of the exemption in section 25(1)﻿(a)﻿(ii) section 25(1)﻿(a)
9: prescribing for the purposes of the exemption in section 25(1)﻿(b)﻿(ii) section 25(1)﻿(b)
10: prescribing for the purposes of the exemption in section 25(3)﻿(b) section 25(3)
11: prescribing for the purposes of the exemption in section 25(4)﻿(c) section 25(4) Section 27 exemptions
12: prescribing for the purposes of section 27(3)﻿(c) and (d)
i: communications about vaping products that a specialist vape retailer may make to customers in their approved vaping premises; and
ii: communications by a specialist vape retailer about the safe use of regulated products available for purchase in their approved vaping premises: Acceptable forms of delivery and visibility
13: prescribing for the purposes of section 37(2) 46(2)﻿(b)
14: prescribing for the purposes of section 37(3) 46(4) Health information and warnings at point of sale and on Internet
15: prescribing for the purposes of section 38
16: requiring sales health information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including—
i: prescribing information or warnings that must be made visible; and
ii: prescribing the requirements with which the information or warnings must comply:
17: prescribing for the purposes of section 43(2)﻿(b) section 43(2)
18: requiring purchase age information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including—
i: prescribing information or warnings that must be made visible; and
ii: prescribing the requirements with which the information or warnings must comply: Infringement notices
19: prescribing for the purposes of section 89 section 21 section 89 Approval of smoked tobacco products
20: prescribing requirements for the purposes of section 57C(1)
20A: prescribing criteria that the Director-General must have regard to for the purpose of section 57C(2)﻿(d) or (4)
20B: prescribing criteria that a smoked tobacco product or class of smoked tobacco product must meet for temporary approval by the Director-General under section 57C(3)
20C: prescribing the circumstances in which a temporary approval granted under section 57C(3)
20D: providing conditions that may be imposed by the Director-General when granting an approval or a temporary approval under section 57C
21: specifying the class or classes of regulated products to which section 56 Testing requirements
21A: prescribing standards and requirements for testing for the purpose of section 57C(2)﻿(b) Annual returns , reports, and records
22: prescribing for the purposes of section 100
i: sales-related information that manufacturers, importers, approved smoked tobacco retailers, and specialist vape retailers must provide in the annual return required under that section:
ia: reporting requirements for distributors of smoked tobacco products and general vape retailers:
ii: the form and manner in which returns and reports required under that section must be prepared and filed:
22A: prescribing for the purposes of section 101 How certain regulated products may differ
23: prescribing for the purposes of section 2(2A) Specialist vape retailers
24: providing, in relation to applications for approval to be a specialist vape retailer,—
i: for the manner in which the application must be made; and
ii: requirements that must be met before approval may be given; and
iii: conditions that may be imposed by the Director-General when granting an approval or criteria that apply when imposing a condition:
25: for the purpose of section 20P(4)
i: the geographic location of the retail premises; or
ii: the population in relation to which the retailer carries out their business:
26: prescribing any other criteria that the Director-General must have regard to for the purpose of section 20P(4) General matters
27: providing for any other related matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 81 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 81(1)﻿(20) heading replaced 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(20) replaced 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(20A) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(20B) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(20C) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(20D) inserted 1 January 2023 section 41(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(21A) heading inserted 1 January 2023 section 41(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(21A) inserted 1 January 2023 section 41(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(22) heading amended 1 January 2023 section 41(5) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(22)﻿(i) replaced 1 January 2023 section 41(6) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(22)﻿(ia) inserted 1 January 2023 section 41(6) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(22A) inserted 1 January 2023 section 41(7) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(25) amended 1 January 2023 section 41(8) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(1)﻿(26) amended 1 January 2023 section 41(9) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 81(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
82: Regulations under section 81
1: Regulations made under section 81(1)﻿(8)
2: Regulations made under section 81(1)﻿(5)
3: Regulations under all or any of paragraphs (8), (9), (10), (15), (16), (17), and (18) of section 81(1)
a: different classes of people who offer regulated products for sale:
b: different classes of place of business:
c: different classes of points of sale:
d: different circumstances of the sales for which requirements are prescribed.
4: Regulations under section 81(1)﻿(13)
a: apply to specified classes of regulated products or packages or all regulated products or packages:
b: prescribe for different classes of people who offer regulated products for sale different acceptable forms of visible delivery of all or any regulated products and packages:
c: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, using a prescribed acceptable form of visible delivery.
5: Regulations under section 81(1)﻿(14)
a: prescribe for different classes of people who offer regulated products for sale different ways of allowing a regulated product or package to be visible:
b: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, allowing a regulated product or package to be visible in a way prescribed.
6: Regulations under section 81(1)﻿(15) section 38
a: the health information or warnings to be communicated by them:
b: the shape and lengths of their sides:
c: the width, and other aspects of, the borders around their edges:
d: the typeface or font, point size, and other aspects of the format or layout, or of the clarity, legibility, and weight, of the printing on them of the health information or warnings to be communicated by them:
e: the minimum area that they must have for printing across:
f: any official attribution (which may, without limitation, be or include Ministry of Health Warning
7: Regulations under section 81(1)﻿(16) section 39
a: the shape, and lengths, of the sides of that information or those warnings:
b: the width, and other aspects, of the borders around the edges of that information or those warnings:
c: the typeface or font, point size, and other aspects of the format or layout, or of the clarity and legibility, of all or any of the text of that information or those warnings:
d: the minimum area of that information or those warnings:
e: any official attribution (which may, without limitation, be or include Ministry of Health Warning Information that must be contained in annual returns
8: Regulations made under section 81(1)﻿(22)
a: require the return to—
i: show the quantity of each brand, and of each variant of a brand, of regulated product sold during the previous year; and
ii: show the recommended price of each brand, and of each variant of a brand, of regulated product sold during the previous year; and
iii: show any other information about the regulated product in respect of the previous year; and
b: specify different requirements for different kinds or classes of regulated product. Section 82 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 82(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 82(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021
82A: Regulations for sale and distribution of smoked tobacco products
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing requirements for the purposes of sections 20H 20I 20L
a: criteria for the approval of—
i: a person as an approved smoked tobacco retailer; and
ii: retail premises to which an application for approval applies; and
b: fit and proper person criteria; and
c: requirements for business systems; and
d: criteria for imposing conditions on approvals or classes of approval.
2: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 82A inserted 1 January 2023 section 42 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
82B: Regulations relating to requirements for smoked tobacco products
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing safety standards for smoked tobacco products:
b: specifying changes to a smoked tobacco product for the purposes of the definition of significant change in section 57C(6)
c: for the purposes of section 57F(1)
i: prohibiting constituents of smoked tobacco products:
ii: prescribing limits for the quantities of constituents in smoked tobacco products or their emissions and a method of determining whether those limits have been exceeded:
d: prescribing standards and requirements for testing for the purposes of section 57G(3) 57H(3)
e: prescribing requirements for the method used to determine whether the limit and the prohibition specified in section 57I
2: Before preparing regulations under subsection (1)﻿(a), (c), or (e), the Minister must consider—
a: the risks and benefits to the population (including both users and non-users of smoked tobacco products) of regulating the constituent; and
b: the risks and benefits to Māori (including both users and non-users of smoked tobacco products) of regulating the constituent; and
c: whether regulating a constituent of a smoked tobacco product will reduce the use of the product by reducing the appeal or addictiveness of the product, including—
i: the likelihood that existing users of smoked tobacco products will stop using the product; and
ii: the likelihood that those who do not use smoked tobacco products will start using the product.
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 82B inserted 1 January 2023 section 42 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
83: Regulations for standardised packaging (including messages and information)
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing for the purposes of section 50(1)﻿(a)
b: prescribing for the purposes of sections 50(1)﻿(b)﻿(ii) 53(1)﻿(c)
c: prescribing for the purposes of section 52
i: the form, size, and content of messages and information to be displayed with, on, or in the package for a regulated product:
ii: the photographs and pictures to be displayed as part of or in addition to messages about effects relating to a regulated product:
iii: the circumstances and manner in which the messages, information, photographs, and pictures must be displayed:
iv: the constituents in a smoked tobacco product or its emissions that must be listed:
d: prescribing for the purposes of section 50(2)﻿(b)
e: prescribing for the purposes of section 50(2)﻿(c)
2: Regulations under subsection (1)﻿(a) or (e)
a: require a regulated product, or the package for a regulated product, to be a prescribed size and shape:
b: prohibit a regulated product, or the package for a regulated product, from displaying any words or other marks unless they are permitted by section 50(2)﻿(b)
c: specify types of words or other marks that are permitted to be displayed on a regulated product or the package for a regulated product (for example, bar codes or marks used to record manufacturing information or to detect legitimate products or packages):
d: specify requirements for the display of the permitted words or marks, including the circumstances and manner in which the words or marks are to be displayed (for example, the typeface or font, size, colour, and position of the words or marks):
e: prohibit any type of feature from forming part of a regulated product or its package (for example, any feature designed to promote the product by changing the appearance of the product or package after retail sale or by making a noise or smell).
3: Regulations under subsection (1)﻿(b)
a: may, for example, prescribe the number of cigarettes or the weight of loose regulated product that must be contained in a package; but
b: must not prescribe a quantity that does not comply with section 50(2)
4: Regulations under subsection (1)
a: requirements or options for all parts of a product or a package (for example, that all surfaces of a package must be a consistent drab brown colour with a matt finish):
b: separate requirements or options for different parts of a product or a package (for example, that any plastic or other wrapping must be consistently transparent, uncoloured, and unmarked):
c: separate requirements or options for—
i: different classes of regulated product:
ii: the packages for different classes of regulated product.
4A: Regulations under this section are secondary legislation ( see Part 3
5: In this section, appearance
a: anything that may affect a person's senses; and
b: any aspect of design, such as shape, size, colour, texture, or material. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 83 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 83(1)﻿(c)﻿(iv) inserted 1 January 2023 section 43 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 83(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Notifiable products Heading inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
84: Regulations relating to notifiable products
1: The Governor-General may, by Order in Council, make regulations—
a: prescribing safety requirements for regulated products that are notifiable products:
b: specifying changes to the parts or components of a notifiable product for the purpose of the definition of significant change in section 67(2)
ba: prescribing standards and requirements for testing for the purposes of section 69A(3) 69B(3)
c: amending Part 1
d: amending Part 2
e: specifying requirements that apply to retailers in relation to notifiable products that contain a flavour:
f: specifying how a notifier must describe a product and its parts when notifying it:
g: declaring a regulated product to be a notifiable product.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 84 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 84(1)﻿(ba) inserted 1 January 2023 section 44(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 84(1)﻿(g) inserted 1 January 2023 section 44(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 84(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
85: Regulations imposing fees
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: requiring the payment to the Director-General of fees—
i: by a notifier in respect of products that must be notified under Part 4
ii: by a notifier in connection with the performance or exercise by the Director-General of any function, power, or duty under Part 4
iii: by an applicant in relation to an application for approval as a specialist vape retailer under Part 1B
iv: by a person in respect of the notification of, or the renewal of a notification of, a notifiable product under section 20R
v: by a distributor in respect of the notification of, or the renewal of a notification of, smoked tobacco products under section 20S
vi: by an applicant in relation to an application for approval as an approved smoked tobacco retailer under Part 1B
vii: by an applicant in relation to an application for approval or temporary approval of a smoked tobacco product under Part 3A
b: prescribing the amounts of those fees and charges or the manner in which those fees are to be calculated.
2: Any Order in Council made under subsection (1)
3: Any fee prescribed under this section is recoverable in any court of competent jurisdiction as a debt due to the Crown.
4: Regulations under this section are secondary legislation ( see Part 3
5: If the regulations authorise the Director-General to refund or waive, under subsection (2), payment of a fee, charge, or cost payable,—
a: the instrument effecting the refund or waiver is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4A). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4A) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4A) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 85 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 85(1)﻿(a)﻿(iii) replaced 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)﻿(a)﻿(iv) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)﻿(a)﻿(v) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)﻿(a)﻿(vi) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(1)﻿(a)﻿(vii) inserted 1 January 2023 section 45 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 85(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 85(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
86: Regulations imposing levies
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies that must be paid by a retailer, distributor, importer, or manufacturer of—
a: a notifiable product under Part 4
b: a smoked tobacco product.
2: Levies may be prescribed on the basis of—
a: the costs of the Director-General in performing or exercising the Director-General’s functions, powers, and duties under Part 4
b: the costs of the Director-General in performing or exercising the Director-General’s functions, powers, and duties under Parts 1B 3A section 85
c: the costs of collecting the levy money.
3: Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.
4: The regulations may—
a: specify the class or classes of retailer, distributor, importer, or manufacturer that are required to pay a levy:
b: specify the amount of levies, or method of calculating or ascertaining the amount of levies:
c: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:
d: provide for refunds of any over-recovery of the actual costs:
e: provide for the payment and collection of levies:
f: provide different levies for different classes of retailer, distributor, importer, or manufacturer:
g: specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:
h: for the first financial year to which a levy applies, include in a levy amount or method the costs relating to establishing the database and performing or exercising the functions, duties, and powers of the Director-General that relate to Part 4
i: require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
j: provide for waivers or refunds of the whole or any part of a levy for any case or class of cases.
5: If a person is in 2 or more classes of retailer, distributor, importer, or manufacturer in respect of which different levies have been prescribed, the person must pay each of those levies (unless the regulations provide otherwise).
6: Any levy prescribed under this section is recoverable in any court of competent jurisdiction as a debt due to the Crown.
7: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 86 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 86(1) replaced 1 January 2023 section 46(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(2) replaced 1 January 2023 section 46(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(4)﻿(a) replaced 1 January 2023 section 46(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(4)﻿(f) replaced 1 January 2023 section 46(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(5) replaced 1 January 2023 section 46(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 86(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Offences
Subpart 2 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Subpart 2 heading replaced 1 January 2023 section 47 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Infringement offences Heading inserted 1 January 2023 section 48 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
87: Infringement offences
In this subpart,— infringement fee
a: in relation to an infringement offence against any of sections 38(3) 39(3) 42(2) 43(4) 44(4) 47(4) 53(4) section 41(2)
b: in relation to an infringement offence against any of sections 34(4) 36(5) 37(4) 40(2) 46(3), 54(4) section 41(2)
i: $1,000, in the case of a manufacturer, an importer, or a distributor; or
ii: $500; and
c: in relation to an infringement offence against section 20R(4) 20S(4) infringement offence sections 20R(4) 20S(4) 34(4) 36(5) 37(4) 38(3) 39(3) 40(2) 41(2) 42(2) 43(4) 44(4) 46(3) 47(4) 53(4) 54(4) Section 87 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 87 infringement fee amended 1 January 2023 section 49(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement fee amended 1 January 2023 section 49(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement fee inserted 1 January 2023 section 49(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement offence amended 1 January 2023 section 49(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 87 infringement offence amended 1 January 2023 section 49(5) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
88: Commission of infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against for the alleged offence by the filing of a charging document under the Criminal Procedure Act 2011
b: be served with an infringement notice as provided for in section 89
2: Proceedings commenced in the way described in subsection (1)﻿(a) section 21(1)﻿(a)
3: See section 21 Section 88 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
89: Infringement notices
1: An enforcement officer may issue an infringement notice on a person if the officer believes on reasonable grounds that the person is committing or has committed an infringement offence.
2: An enforcement officer may deliver the infringement notice (or a copy of it) to the person alleged to have committed the infringement offence—
a: by delivering it personally or by post addressed to that person's last known place of residence or business; and
b: regardless of whether the enforcement officer issued the infringement notice.
3: An infringement notice (or a copy of it) sent to a person under subsection (2)
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed.
5: If an infringement notice has been issued under this section, the procedure under section 21 Section 89 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
90: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 90 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Other offence provisions Heading inserted 1 January 2023 section 50 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
90A: Liability for action of employee
1: This section applies to an offence against section 20G(3) 20H(2) 20J(8) 40(2) 43(4) 44(4) 57B(2) 57C(8) 57D(8) 57F(2) 57H(6) 69B(7)
2: Anything done by a person ( A B
3: Anything done by a person ( A B Section 90A inserted 1 January 2023 section 50 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
90B: Burden of proof of reasonable excuse
In proceedings for an offence against any of sections 17(3) to (6) and (8C) 20G(3) 20H(2) 20J(8) 20P(5) 20R(4) 20S(4) 23(5) 27(2) 29(2) 30(5) 31(5) 33(6) 34(4) 36(5) 37(4) 38(3) 39(3) 43(4) 44(4) 46(3) 47(4) 48(2)﻿(b) 53(4) 54(4) 55(2) 57(6) 57C(8) 57D(8) 57G(4) 57H(6) 60(3) 63(2) 65(6) 66(2) 69B(7) 73(4) 75(5) and (6) 101(6)
a: the prosecutor need not assert absence of reasonable excuse in the charging document; and
b: the burden of proving that the defendant had a reasonable excuse lies on the defendant. 1990 No 98 s 65AA Section 90B inserted 1 January 2023 section 50 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
3: Enforcement officers
Subpart 3 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
91: Appointment of enforcement officers
1: The Director-General must appoint to enforce this Act people who are—
a: employees of the Ministry Local Government Act 2002 Health New Zealand established by the Pae Ora (Healthy Futures) Act 2022
b: employees or officers of some other person or body; or
c: officers designated under section 7A
d: inspectors appointed under section 163
2: A person may be appointed by name, or as the holder for the time being of a particular position.
3: The Director-General must not appoint a person under subsection (1)﻿(b)
a: in the case of a named person, that the person is suitably qualified and trained:
b: in the case of the holder for the time being of a particular position, that holders of the position are likely to be suitably qualified and trained.
4: Every enforcement officer must have an instrument of appointment identifying the holder as an enforcement officer appointed under this section.
5: The Director-General may do any or all of the following:
a: appoint people to enforce only some of the provisions of this Act:
b: appoint people to exercise only some of the powers given to enforcement officers under this Act ( enforcement powers
c: appoint people subject to limitations or restrictions on their exercise of enforcement powers.
6: An instrument of appointment must state—
a: the provisions of this Act that an enforcement officer is appointed to enforce (whether all or stated provisions); and
b: enforcement powers that the enforcement officer is appointed to exercise (whether all enforcement powers or stated powers); and
c: all limitations and restrictions on the enforcement officer’s exercise of enforcement powers. Section 91 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 91(1)﻿(a) amended 1 January 2023 section 51 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 91(1)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
92: Protection of people acting under authority of this Act
No enforcement officer who does an act or omits to do an act when carrying out a duty, performing a function, or exercising a power conferred on that person by or under this Act is under any civil or criminal liability in respect of that act or omission unless the person has acted or omitted to act in bad faith or without reasonable care. Section 92 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
93: Powers of entry and inspection
1: This section applies to a place if—
a: this Act imposes duties, restrictions, or prohibitions in respect of places of a kind to which it belongs; or
b: there is carried out in it, regularly or from time to time, an activity in respect of which this Act imposes duties, restrictions, or prohibitions.
2: An enforcement officer may at any reasonable time enter a place if—
a: the officer believes on reasonable grounds that it is a place to which this section applies; and
b: it is not a dwelling house or other residential accommodation.
3: An enforcement officer who enters a place under subsection (2)
a: inspect the place, including any regulated products for sale at the place:
b: take photographs, videos, or other recordings with any device brought by the officer:
c: take samples of the air in the place with any device that the officer brings for that purpose:
d: if the officer believes on reasonable grounds that the place is a place where regulated products are sold from time to time,—
i: exercise the powers given by section 94
ii: inspect any advertising or display material relating to regulated products on display in the place, or on the outside of a building containing the place.
4: An enforcement officer exercising powers under this section may be accompanied by a constable.
5: Subsection (2)
a: under authority given by or under an enactment other than this section; or
b: with the consent of an occupier. Section 93 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
94: Enforcement officer may require identifying information
1: An enforcement officer may at any time require information under subsection (2)
a: regulated products have been sold to a person younger than 18 years in and from a place where regulated products are sold; or
b: regulated products have, after they are sold, been delivered to a person younger than 18 years in and from the place where they are sold; or
c: regulated products have been delivered to a person younger than 18 years after being sold at that place (where the regulated products were sold) or at another place.
2: The enforcement officer may—
a: require the person that the officer believes on reasonable grounds to have sold, delivered, or arranged for the delivery of the regulated product to, while the person is at the place where the regulated product was sold, give the officer their name and address; and
b: require the person who appears to be in charge of that place, or part of that place, to give the officer—
i: the name and address of the person described in paragraph (a)
ii: if that information is not within the person’s knowledge, the name or any other identifying information within the person’s knowledge relating to the person described in paragraph (a)
3: An enforcement officer who suspects that the person described in subsection (2)﻿(a) subsection (2)﻿(a)
a: there is no other person in the place who appears to be in charge of the place; or
b: there is another person in the place who appears to be in charge of it, but the enforcement officer suspects that person is also younger than 18 years.
4: An enforcement officer who suspects that the person in charge of the place is younger than 18 years must not require the person to provide information under subsection (2)﻿(b) Section 94 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
95: Search warrant
1: An enforcement officer may apply for a search warrant in respect of any place.
2: The enforcement officer must apply in the manner provided in subpart 3
3: An issuing officer may issue a search warrant in respect of the place if satisfied that there are reasonable grounds—
a: to suspect that an offence has been, is being, or will be committed against this Act; and
b: to believe that there is evidential material in the place.
4: The provisions of Part 4 sections 118 119
5: In this section, evidential material issuing officer section 3(1) Section 95 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
96: Purposes for which powers may be used
1: The powers given by section 93
a: finding out whether this Act is being complied with in and in respect of the place entered:
b: finding out the extent to which this Act is not being complied with in or in respect of the place entered:
c: exercising the powers given by section 97
2: The powers given by section 94 section 94(2)
3: This section does not prevent an enforcement officer from using in proceedings for an offence against this Act evidence obtained during the lawful exercise of any of the powers given by sections 93 94 Section 96 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
97: Duties of enforcement officers
1: When an enforcement officer exercises any power under section 93
a: identify themselves as an enforcement officer to the person in charge; and
b: if asked by the person in charge to do so, produce to the person evidence of identity, their instrument of appointment as an enforcement officer, or both.
2: When an enforcement officer exercises any power under section 94
a: identify themselves as an enforcement officer to the person; and
b: if asked by the person to do so, produce to the person evidence of identity, their instrument of appointment as an enforcement officer, or both. Section 97 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
98: Offence to obstruct enforcement officers, intentionally fail to comply with section 93, or give false and misleading information
A person commits an offence, and is liable on conviction to a fine not exceeding $10,000, if the person—
a: intentionally obstructs, hinders, or resists an enforcement officer exercising or attempting to exercise powers under section 93 94
b: intentionally fails to comply with a requirement under section 93
c: when required to give information by or under this Act, gives information that the person knows to be false or misleading. Section 98 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
99: Enforcement
1: It is the Director-General's duty to enforce this Act.
2: Every prosecution for an offence against this Act must be commenced by the Director-General or a person authorised by the Director-General.
3: Despite anything to the contrary in section 25 Section 99 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
4: Annual returns and reports
Subpart 4 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
100: Annual reporting requirements for manufacturers, importers,
distributors, and retailers of regulated products
1: Each year a person who is a manufacturer of regulated products or an importer of regulated products must, in accordance with regulations,—
a: prepare—
i: a return showing sales-related information required by regulations in respect of the regulated products manufactured or imported by the person; and
ii: a report of the results of all tests (if any) that the person conducted during the previous year for the purposes of section 56 57 57G 57H 69A 69B
b: file the return and the report with the Director-General no later than 31 January.
2: Each year a retailer of regulated products
a: prepare a return showing sales-related information required by regulations in respect of the regulated products or class of regulated products sold by the retailer; and
b: file the return with the Director-General no later than 31 January.
2A: A distributor of smoked tobacco products must report to the Director-General on their distribution activities in accordance with regulations.
3: The Director-General—
a: must take all practicable steps to ensure that all returns and reports received under this section are publicly available on an Internet site under the Director-General’s control; and
b: may publish or make publicly available in any other way all or any part of any such return or report.
4: A person who fails to comply with subsection (1), (2), or (2A)
a: in the case of a body corporate, to a fine not exceeding $10,000; or
b: in any other case, to a fine not exceeding $5,000. Section 100 inserted 11 November 2020 section 27 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 100 heading amended 1 January 2023 section 53(1) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(1)﻿(a)﻿(ii) amended 1 January 2023 section 53(2) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(2) amended 1 January 2023 section 53(3) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(2A) inserted 1 January 2023 section 53(4) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 Section 100(4) amended 1 January 2023 section 53(5) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
101: Record-keeping requirements for regulated products
1: This section applies to a manufacturer, importer, exporter, distributor, or retailer of a regulated product.
2: The person must take reasonable steps to keep accurate records of—
a: all the regulated products that they manufacture, import, export, buy, sell, or supply; and
b: for a manufacturer, the constituents required by regulations to be recorded that the manufacturer uses or intends to use in the manufacture of each regulated product.
3: The person must keep the records for 3 years from the date of each transaction.
4: An enforcement officer may require a person to provide a copy of the records kept under this section by notice in writing.
5: The person must provide the enforcement officer with a copy of the records, in the format required in the notice, within 10 working days of receiving the notice.
6: A person who, without reasonable excuse, fails to comply with subsection (2), (3), or (5)
a: in the case of a body corporate, to a fine not exceeding $10,000; or
b: in any other case, to a fine not exceeding $5,000. Section 101 inserted 1 January 2023 section 54 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
5: Appeals
Subpart 5 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
102: Appeals against decision to suspend or cancel product approval or notification
1: If the Director-General decides to suspend or cancel the approval of a smoked tobacco product or a notification of a notifiable product, the following persons may appeal to the appeals committee against the decision:
a: in the case of an approval of a smoked tobacco product, the holder of the approval:
b: in the case of a notification of a notifiable product, the notifier.
2: The holder of the approval or the notifier may lodge the appeal within 60 days after the Director-General’s decision or within any further period that the appeals committee may allow.
3: The decision being appealed against continues in force unless the appeals committee orders otherwise.
4: An appeal is by way of rehearing.
5: On hearing the appeal, the appeals committee may—
a: confirm, reverse, or modify the decision appealed against:
b: make any other decision that the Director-General could have made.
6: The appeals committee must not review any decision, or any part of a decision, not appealed against.
7: A party may appeal to the High Court—
a: against a determination of the appeals committee on a question of law only; and
b: in accordance with the rules of court. Section 102 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
103: Appeals committee
1: The appeals committee established under section 79
2: The appeals committee may determine appeals against decisions of the Director-General to cancel or suspend an approval of a smoked tobacco product or a product notification.
3: The appeals committee must consist of 3 members, each appointed by the Minister on any terms and conditions that the Minister thinks fit.
4: The appeals committee may, subject to any provision of this Act or regulations, regulate its own procedure.
5: In performing its functions or exercising its powers under this Act, the appeals committee must—
a: act independently; and
b: comply with the principles of natural justice. Section 103 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
6: Direct access to information by government agencies
Subpart 6 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
104: Direct access to information by government agencies
1: The purpose of this section is to facilitate access by a government agency to information stored in a database for the purpose of assisting the chief executive of that agency to administer and enforce this Act and the Customs and Excise Act 2018
2: The Director-General may, for the purposes of this section, allow the chief executive of the New Zealand Customs Service or any other government agency to access 1 or more databases in accordance with a written agreement entered into by the Director-General and the chief executive.
3: A written agreement must specify—
a: the database or databases that may be accessed; and
b: the particular type or class of information that may be accessed; and
c: the particular purpose or purposes for which the information is accessed; and
d: the particular function being, or to be, carried out by the government agency for which the information is required; and
e: the mechanism by which the information is to be accessed; and
f: how the information accessed is to be used by the government agency to achieve the particular purpose or purposes; and
g: the positions or designations of the persons in the government agency who may access the database or databases; and
h: the records to be kept in relation to each occasion a database is accessed; and
i: the safeguards that are to be applied for protecting personal information, or commercially sensitive information, that is disclosed; and
j: the requirements relating to storage and disposal of information obtained by the agency from the database or databases; and
k: the circumstances (if any) in which the information may be disclosed by the government agency to another agency, and how that disclosure may be made; and
l: the requirements for reviewing the agreement.
4: In this section,— chief executive of a government agency government agency
a: a public service agency (as defined in section 5
i: the Ministry; and
ii: the Government Communications Security Bureau; and
iii: the New Zealand Security Intelligence Service; and
iv: Statistics New Zealand:
b: a Crown agent named in Part 1
c: an independent Crown entity named in Part 3
d: the New Zealand Police:
e: the New Zealand Defence Force. 2018 No 4 s 315 Section 104 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
7: Review of certain provisions of Act
Subpart 7 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
105: Ministry must review certain provisions of Act
1: The Ministry must, no later than 1 January 2029,—
a: conduct a review of the policy and operation of the following:
i: Part 1B
ii: sections 40A and 40B
iii: Part 3A
b: prepare and provide to the Minister a report on the review.
2: As soon as practicable after receiving the report, the Minister must present a copy to the House of Representatives. Section 105 inserted 1 January 2023 section 55 Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022