New Zealand Legislation: Acts

22 Advertising of tobacco products

• (1) Subject to the succeeding provisions of this section and to section 23, no person shall publish, or arrange for any other person to publish, any tobacco product advertisement in New Zealand.

  (2) Nothing in subsection (1) shall apply to any price list given to retailers of tobacco products if the price list includes the health messages required by or under this Part.

  (3) Nothing in subsection (1) shall apply to 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—

  • (a) the principal purpose of the book, magazine, newspaper, transmission, film, or video recording is the promotion of the use of tobacco products; or

  • (b) the book, magazine, newspaper, film, or video recording is intended for sale, distribution, or exhibition primarily in New Zealand; or

  • (c) in the case of an advertisement in any radio or television transmission, the advertisement is targeted primarily at a New Zealand audience.

  (4) Nothing in subsection (1) shall apply to the publication by a tobacco products manufacturer of a tobacco product advertisement in a magazine that is intended for distribution only to employees of the manufacturer.

  (5) Nothing in subsection (1) shall apply to—

  • (a) the exhibition, in any museum or art gallery, of any work or artifact:

  • (b) 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 tobacco 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.