New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a) Prescribing forms, certificates, notices, leaflets, signs, particulars, and notifications, and the persons by whom and the persons to whom any such forms, certificates, notices, leaflets, signs, particulars, and notifications are to be supplied:
(b) Prescribing records and registers for the purposes of this Part of this Act; prescribing the manner in which and the period during which any such records and registers are to be kept; and prescribing the persons to whom, and the conditions on which, any such records and registers may be available for searching, inspection, and copying:
(c) Prescribing the form and manner in which tobacco products may be identified and depicted on the exterior of vending machines:
(d) [Repealed]
(e) Prescribing the form, size, and content of information and messages to be displayed with, on, or in packages of, tobacco products or herbal smoking products, or on automatic vending machines that dispense tobacco products; and prescribing the circumstances and manner in which the information and messages are to be so displayed:
(f) Prescribing the class or classes of tobacco products or herbal smoking products to which section 33 of this Act is to apply, and regulating the tests that are to be conducted under that section:
(g) Specifying harmful constituents of tobacco products or herbal smoking products for the purposes of this Part:
(ga) Prohibiting harmful constituents of tobacco products or herbal smoking products for the purposes of section 31(a):
(h) Prescribing the method of determining the constituents of tobacco products or herbal smoking products, and the smoke produced from their combustion:
(i) Prescribing the form and manner in which returns and reports are to be filed under section 35 of this Act:
(ia) prescribing for the purposes of section 23(1)(a)(ii) requirements with which the exposure of tobacco products for sale in a retailer's place of business must comply:
(j) Providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part of this Act or its due administration.
(3) Regulations under subsection (1)(ia) may prescribe requirements of either or both of the following kinds:
(a) requirements that are not of the same kind as those in section 23A:
(b) requirements that are of the same kind as, but are more stringent than, those in section 23A.
(4) Regulations under subsection (1)(ia) must be made on the recommendation of the Minister.
(5) The Minister must not recommend the making of regulations under subsection (1)(ia) without having first consulted—
(a) organisations that, in the Minister's opinion, represent the interests of retailers of a kind who customarily sell tobacco products; and
(b) every organisation (if any) that is known to the Minister to represent the interests of manufacturers, importers, or wholesalers of tobacco products; and
(c) every manufacturer, importer, or wholesaler of tobacco products that is known to the Minister—
(i) to be likely to be substantially affected by the regulations; and
(ii) not to be represented by an organisation consulted under paragraph (b).
(6) Regulations made under subsection (1)(ia) must come into force no earlier than the day 6 months after the date on which they are made.
(7) This subsection applies to regulations under this section if they are the first regulations made after the commencement of section 28 of the Smoke-free Environments Amendment Act 2003 that (substantively, or by amending existing regulations)—
(a) require tobacco products sold or offered for sale to display a photograph or picture intended to have effect as a warning relating to the effects of their use on health; or
(b) require a leaflet to be placed inside packages of tobacco products sold or offered for sale; or
(c) require herbal smoking products sold or offered for sale to display a message or list; or
(d) require herbal smoking products sold or offered for sale to display a photograph or picture intended to have effect as a warning relating to the effects of their use on health; or
(e) require a leaflet to be placed inside packages of herbal smoking products sold or offered for sale, or a warning relating to the effects of their use on health; or
(f) require manufacturers and importers of herbal smoking products to conduct either or both of the following:
(i) a test for the constituents of each brand of the product sold by the manufacturers or importers, and the respective quantities of those constituents:
(ii) a test for the constituents of the smoke of each brand of the product sold by the manufacturers or importers that is intended to be smoked, and the respective quantities of those constituents; or
(g) require manufacturers and importers of tobacco products or herbal smoking products conducting tests for the constituents of each brand sold by the manufacturers or importers, and the respective quantities of those constituents, to test each variant of the brand separately; or
(h) require manufacturers and importers of tobacco products or herbal smoking products conducting tests for the constituents of the smoke of each brand of the product sold by the manufacturers or importers that is intended to be smoked, and the respective quantities of those constituents, to test each variant of the brand separately; or
(i) require manufacturers and importers of tobacco products to file with the Director-General returns showing all additives used in the manufacture of the tobacco products sold by the manufacturer or importer; or
(j) require manufacturers and importers of tobacco products to file with the Director-General returns showing by brand variant—
(i) the weight of tobacco (or the weight of tobacco and of each additive) used in the manufacture of the tobacco products sold by the manufacturer or importer; and
(ii) the quantity of each variant of a brand of tobacco product sold by the manufacturer or importer; and
(iii) the recommended price of each variant of a brand of tobacco product sold by the manufacturer or importer during the previous year.
(8) If regulations to which subsection (7) applies are made after 31 January and before 1 July in any year, they must come into force no sooner than 1 February in the next year.
(9) If regulations to which subsection (7) applies are made after 30 June in any year and before 1 February in the next year, they must come into force no sooner than 1 February in the year after that next year.
(2) [Repealed]
Subsection (1)(a) was substituted, as from 29 July 1997, by section 14(1) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Subsection (1)(d) was substituted, as from 29 July 1997, by section 14(2) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Subsection (1)(d) was repealed, as from 11 December 1998, by section 7(3)(b) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Subsection (1)(e) was amended, as from 10 December 2004, by section 28(1)(a) Smoke-free Environments Amendment Act 2003 (2003 No 127) by inserting the words “or herbal smoking products,”
after the words “tobacco products”
where they first occur.
Subsection (1)(f) was amended, as from 10 December 2004, by section 28(1)(b) Smoke-free Environments Amendment Act 2003 (2003 No 127) by inserting the words “or herbal smoking products”
after the words “tobacco products”
.
Subsection (1)(g) was substituted, as from 29 July 1997, by section 14(3) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Subsection (1)(g) was amended, as from 10 December 2004, by section 28(1)(c) Smoke-free Environments Amendment Act 2003 (2003 No 127) by inserting the words “or herbal smoking products”
after the words “tobacco products”
.
Subsection (1)(ga) was inserted, as from 29 July 1997, by section 14(3) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Subsection (1)(ga) was amended, as from 10 December 2004, by section 28(1)(d) Smoke-free Environments Amendment Act 2003 (2003 No 127) by inserting the words “or herbal smoking products”
after the words “tobacco products”
.
Subsection (1)(h) was amended, as from 10 December 2004, by section 28(1)(e) Smoke-free Environments Amendment Act 2003 (2003 No 127) by inserting the words “or herbal smoking products,”
after the words “tobacco products”
.
Subsection (1)(ia) was inserted, as from 10 December 2004, by section 28(2) Smoke-free Environments Amendment Act 2003 (2003 No 127).
Subsection (2) was inserted, as from 16 December 1990, by section 2 Smoke-free Environments Amendment Act 1990 (1990 No 131).
Subsection (2) was repealed, as from 29 July 1997, by section 14(4) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Subsections (3) to (9) were inserted, as from 10 December 2004, by section 28(3) Smoke-free Environments Amendment Act 2003 (2003 No 127).