New Zealand Legislation: Acts

14B Access to spraycans in shops to be restricted

• (1) This subsection applies to a spraycan if—

  • (a) it is kept for sale in a part of a shop to which members of the public have access; and

  • (b) it is not—

    • (i) under the physical control of the occupier of the shop, or an agent or employee of the occupier; or

    • (ii) under the physical control of a potential buyer who is being directly supervised by the occupier of the shop, or an agent or employee of the occupier; and

  • (c) the shop is open to the public.

  (2) The occupier of a shop must ensure that every spraycan in the shop to which subsection (1) applies is stored in such a way that members of the public cannot obtain possession of it without the help of the occupier, or an agent or employee of the occupier.

  (3) The occupier of a shop who fails or refuses to comply with subsection (2) is liable to a fine not exceeding $1,500.

  Section 14B: inserted, on 25 September 2008, by section 6(1) of the Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 (2008 No 43).