Smoke-free Environments (Controls and Enforcement) Amendment Act 2011

Promotion and advertising, and display of tobacco products

9  New sections 22 to 23B substituted
  • Sections 22 to 23B are repealed and the following sections substituted:

    22 Advertising of tobacco products
    • (1) No person may, unless authorised by section 22A or 23, publish in New Zealand, or arrange for any other person to publish in New Zealand, a tobacco product advertisement (as defined in section 2(1)).

      (2) A notice or sign must be treated as a tobacco product advertisement if the notice or sign—

      • (a) communicates information that is or includes tobacco product health information or warnings, tobacco product purchase age information or warnings, or both; and

      • (b) is displayed inside or at the outside of the place of business of a person who offers tobacco products for sale (whether by retail or wholesale); and

      • (c) is not required or permitted by this Act, regulations under this Act, or both.

      (3) A message must be treated as a tobacco product advertisement if the message—

      • (a) communicates information that is or includes tobacco product health information or warnings, tobacco product purchase age information or warnings, or both; and

      • (b) is an Internet-sales message; and

      • (c) is not required or permitted by this Act, regulations under this Act, or both.

      (4) Subsections (2) and (3) do not limit the generality of subsection (1) or of the definition in section 2(1) of the term tobacco product advertisement.

    22A Exemptions from advertising prohibition for specified publications
    • Nothing in section 22(1) applies to any of the following:

      • (a) any price list given to retailers of tobacco products if the price list includes the health messages required by or under this Part:

      • (b) 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—

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

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

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

      • (c) 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:

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

      • (e) 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.

    23 Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers
    • (1) A retailer of tobacco products may do all or any of the following things:

      • (a) provide, inside that retailer's place of business, and on a request (however expressed) made for the purpose by a person who has asked to purchase a specified, or any available, tobacco product, any information (in any medium, but only in the form of printed, written, or spoken words) that—

        • (i) does no more than identify the tobacco products that are available for purchase in that place and indicate their price; and

        • (ii) complies with any regulations for the time being in force under section 39(1)(ia):

      • (b) display inside that retailer's place of business any notice for the public that—

        • (i) does no more than indicate, using only printed or written words, the fact that, and the location or locations where, tobacco products in general are available for purchase in that place; and

        • (ii) complies with any regulations for the time being in force under section 39(1)(ib):

      • (c) display the retailer's name or trade name at the outside of the retailer's place of business so long as the name is not and does not include either or both of the following:

        • (i) any word or expression signifying that any tobacco product is available in that place for purchase:

        • (ii) the trade mark of a tobacco product or the company name of a tobacco products manufacturer.

      (2) Any person who offers any tobacco products for sale (whether by retail or wholesale) by way of an automatic vending machine may display, on the outside of the vending machine, any notice for the public that—

      • (a) does no more than identify (using only printed or written words) the tobacco products and indicate (using only printed or written words) their prices; and

      • (b) complies with any regulations for the time being in force under section 39(1)(ic).

      (3) Any person who offers any tobacco product for Internet sale (whether by retail or wholesale) may, on a request (however expressed) made for the purpose by another person who has asked to purchase a specified, or any available, tobacco product, allow to be visible on the person's Internet site when people browse, enter, or otherwise access it information that is only in the form of printed or written words, and that—

      • (a) does no more than identify the tobacco product and indicate its price; and

      • (b) complies with any regulations for the time being in force under section 39(1)(id).

    23A Display of tobacco products in or from sales outlets or vending machines generally prohibited
    • (1) A person who offers tobacco products for sale (whether by retail or wholesale) must not allow any part of a tobacco product, tobacco package, or tobacco carton at the outside of or inside the person's place of business to be for any reason visible—

      • (a) from outside the place; or

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

      (2) A person who offers any tobacco product for sale (whether by retail or wholesale) by way of an automatic vending machine must not allow any part of a tobacco product, tobacco package, or tobacco carton to be for any reason visible from outside the machine.

      (3) Subsection (1) does not limit or affect, and is not limited or affected by, subsection (2).

      (4) Subsections (1) and (2) do not, however, apply to a tobacco product, tobacco package, or tobacco carton that is visible only to the extent that is necessary for it to be delivered—

      • (a) to the person at the place or, as the case requires, to the machine; or

      • (b) to its purchaser at or from the place or, as the case requires, from the machine.

      (5) A tobacco product, tobacco package, or tobacco carton must be treated as being visible only to the extent that is authorised by subsection (4)(a) or (b) if it is delivered—

      • (a) to a person and at or from a place or machine specified in that paragraph; and

      • (b) using a form of visible delivery prescribed by any relevant acceptable forms of visible delivery regulations for the time being in force under section 39(1)(ie).

      (6) Subsections (1) and (2) do not, however, apply to a tobacco product, tobacco package, or tobacco carton that is visible in a way that complies with any relevant temporary transitional exemption regulations for the time being in force under section 39(1)(if).

    23B Transitional exemption regulations expire 12 months after section 23A comes into force
    • (1) The following enactments expire at the end of the 12-month transition period:

      • (a) sections 23A(6) and 39(1)(if) and (6C); and

      • (b) all regulations under section 39(1)(if) that are in force immediately before the end of that period.

      (2) The 12-month transition period ends at the close of the period of 12 months that starts on the day on which section 23A (as substituted by section 9 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011) comes into force.

      (3) On their expiry those enactments are repealed or, as the case requires, revoked.