New Zealand Legislation: Acts

23B Exposure for sale

• (1) For the purposes of sections 23(1) and 23A,—

  • (a) a tobacco product is exposed for sale if the tobacco package or tobacco carton it is in is exposed for sale; and

  • (b) a tobacco package or tobacco carton is exposed for sale inside a retailer's place of business if it is for sale, and any part of it is visible—

    • (i) from outside the place; or

    • (ii) from an area inside the place to which members of the public are allowed access.

  (2) In determining for the purposes of section 23(1) in a visible stack are exposed for sale, the front package must be counted; but

  • (a) if there are 4 or fewer other packages behind it that are exposed for sale, the other packages must not be counted; and

  • (b) if there are 5 or more other packages behind it that are exposed for sale, the first 4 of the other packages must not be counted.

  Section 23B was inserted, as from 11 December 2003, by section 18 Smoke-free Environments Amendment Act 2003 (2003 No 127).