Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008

Part 2
Spraycans

5 New heading and section 14A inserted
  • (1) The following heading and section are inserted after section 14:

    Spraycans

    14A Sale of spraycans to people under 18 prohibited
    • (1) A person who sells a spraycan to a person under the age of 18 years is liable to a fine not exceeding $1,500.

      (2) In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer), it is a defence if the defendant proves that—

      • (a) the defendant is—

        • (i) a Board (within the meaning of section 2(1) of the Education Act 1989), or an employee of a Board; or

        • (ii) the governing body of a tertiary education provider (within the meaning of section 159(1) of the Education Act 1989), or an employee of a tertiary education provider; and

      • (b) when the spraycan was sold, the buyer was enrolled at a school or institution managed by the Board or tertiary education provider; and

      • (c) the spraycan was sold to the buyer to enable him or her to undertake the work of his or her course at the school or institution, or to complete an assignment or project for the school or institution.

      (3) In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer), it is a defence if the defendant proves that,—

      • (a) before or at the time of the sale of the spraycan, there was produced to the defendant a document purporting to be an evidence of age document; and

      • (b) the defendant believed on reasonable grounds that the document—

        • (i) was in fact an evidence of age document; and

        • (ii) related to the buyer; and

        • (iii) indicated that the buyer was of or over the age of 18 years.

      (4) For the purposes of subsection (3), evidence of age document means a document that—

      • (a) contains—

        • (i) a photograph of the person to whom it is issued; and

        • (ii) information enabling the person's age to be determined; and

      • (b) is—

        • (i) a New Zealand passport; or

        • (ii) an overseas passport; or

        • (iii) a driver licence issued under the Land Transport Act 1998; or

        • (iv) a document of the kind described in section 2A(2)(d) of the Sale of Liquor Act 1989.

    (2) Section 2(1) is amended by inserting the following definition after the definition of serious drug offence:

    spraycan means a container (made of any material or materials) that—

    • (a) contains paint, dye, ink, or some other pigment; and

    • (b) is so designed that the pigment it contains can be propelled from it (whether by a compressed or liquefied gas, or by mechanical means).