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

Sponsoring activity involving use of trade mark, etc, of tobacco products

10  New sections 25 and 25A substituted
  • Section 25 is repealed and the following sections are substituted:

    25 Sponsoring activity involving use of trade mark, etc, of tobacco products
    • (1) No person who is a manufacturer, importer, distributor, or retailer of tobacco products may sponsor (within the meaning of subsection (2)) an organised activity that is to take place, is taking place, or has taken place, in whole or in part, in New Zealand, and that involves the use, in the name of that activity, or on or through any thing other than a tobacco product, of all or any of the following:

      • (a) a tobacco product trade mark:

      • (b) all or any part of a company name included in a tobacco product trade mark:

      • (c) 1 or more words, logos, colours, shapes, sounds, smells, or other elements of a tobacco product trade mark that, as those 1 or more elements are used in the name, or on or through the thing, are likely to cause a person exposed to the name or thing to believe that the 1 or more elements are used in, on, or through it only or mainly for the purpose of advertising the product.

      (2) A person sponsors an activity for the purposes of subsection (1) or section 25A(1) if, and only if, the person does all or any of the following:

      • (a) organises or promotes, before the activity is to take place, or during the time that it takes place, some or all of the activity:

      • (b) makes, before the activity is to take place, or during or after the time that it takes place, any financial or non-financial contribution towards some or all of the activity:

      • (c) makes, before the activity is to take place, or during or after the time that it takes place, any financial or non-financial contribution to any other person in respect of the organisation or promotion, by that other person, of, or the participation, by that other person, in, some or all of the activity.

    25A Sponsoring activity involving exclusive supply arrangement
    • (1) No person who is a manufacturer, importer, distributor, or retailer of tobacco products may sponsor (within the meaning of section 25(2)) an organised activity that is to take place, is taking place, or has taken place, in whole or in part, in New Zealand, and that involves an arrangement for the person to be the only person supplying tobacco products at, or for the purposes of, some or all of the event.

      (2) The arrangement may be a contract, or a legally binding or other agreement, undertaking, or understanding.

      (3) Subsection (2) does not limit subsection (1).

      (4) This section operates in parallel with (that is, is not subject to, and does not override) the Commerce Act 1986.