Smoke-free Environments Regulations 2007

Reprint
as at 23 January 2013

Coat of Arms of New Zealand

Smoke-free Environments Regulations 2007

(SR 2007/39)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 26th day of February 2007

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Health.


Pursuant to section 39 of the Smoke-free Environments Act 1990, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Interpretation

4 Meaning of tobacco package

5 Shapes and areas

Part 2
Labelling of retail packages

Subpart 1Overview of labelling requirements

6 Overview of labelling requirements

Subpart 2Cigarettes and loose or pipe tobacco

7 Labelling of retail packages: cigarettes

8 Labelling of retail packages: loose or pipe tobacco

Format of warning and corresponding explanatory messages

9 Format of warning message and corresponding explanatory message: cigarettes and loose or pipe tobacco

Format of information message

10 Format of information message: cigarettes and loose or pipe tobacco

Rotation of messages and graphics

11 Rotation of messages and graphics: cigarettes and loose or pipe tobacco

12 Changeover of messages and graphics: cigarettes and loose or pipe tobacco

Subpart 3Cigars

13 Labelling of retail packages: cigars

Format of warning and corresponding explanatory messages

14 Format of warning message and corresponding explanatory message: cigars

Rotation of messages and graphics

15 Rotation of messages and graphics: cigars

Subpart 4Retail packages containing bidis

16 Labelling of retail packages: bidis

Format of warning messages

17 Format of warning message: bidis

Rotation of warning messages

18 Rotation of warning messages: bidis

Subpart 5Retail packages containing other tobacco products

19 Labelling of retail packages: other tobacco products

Format of warning messages

20 Format of warning message: other tobacco products

Rotation of warning messages

21 Rotation of warning messages: other tobacco products

Subpart 6General provisions

22 Messages and corresponding graphics not to be obscured, etc

23 Use of adhesive labels

24 Corresponding graphics not to be distorted

25 Corresponding graphics: permitted variations

26 Ministry of Health warning

Part 2A
Provision of information about tobacco products

26A Display of information inside retailer's place of business about availability of tobacco products

26B Provision of information about tobacco products offered for Internet sale

26BA Provision of information inside retailer's place of business in response to request

26BB Provision of information about tobacco products offered by way of automatic vending machine

Part 2B
Infringement offences

26C Infringement fees for infringement offences

26D Infringement and reminder notices

Part 3
Other matters

27 Price lists given to retailers

28 Manufactured cigarettes to be tested

29 Conduct of tests of manufactured cigarettes

30 Display of retailers' names and trade names outside shops [Revoked]

31 Vending machines [Revoked]

32 Returns and reports

Revocation and savings

33 Revocation

34 Transitional provision

Schedule 1
Requirements for labelling of retail packages

Schedule 2
Warning messages, corresponding explanatory messages, and corresponding graphics

Schedule 3
Layouts for labelling of retail packages

Schedule 4
Information message and Quitline logo

Schedule 4A
Infringement fees for infringement offences

Schedule 4B
Forms of infringement notice and reminder notice

Schedule 5
Form of return

Schedule 6
Form of report


Regulations

1 Title
  • These regulations are the Smoke-free Environments Regulations 2007.

2 Commencement
  • These regulations come into force on 28 February 2008.

Part 1
Preliminary provisions

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    bidi means a small, often flavoured, cigar wrapped in tendu leaf or the leaf of another plant

    carton means a package comprising 2 or more tobacco packages within—

    • (a) a container; or

    • (b) a wrapper that obscures or tends to obscure any writing on any of those tobacco packages that would be legible if it were completely transparent

    cigar means a tobacco product comprising a roll of tobacco leaf or cut tobacco, enclosed in tobacco leaf or the leaf of another plant

    cigarette means a tobacco product comprising a roll of cut tobacco enclosed in paper

    cigarette pack means a retail package containing cigarettes

    corresponding explanatory message, in relation to a warning message set out in Schedule 2, means the explanatory message that appears in the same item as the warning message

    corresponding graphic, in relation to a warning message set out in Schedule 2, means the graphic that appears in the same item as the warning message

    cylindrical means having a circular or elliptical cross section

    displayed, in relation to any package, face, or flap, means displayed on the outside of the package, face, or flap

    face, in relation to a retail package, means a more or less flat area of the surface of the package that is bounded by the edges of the package

    flip-top pack means a retail package of the kind commonly called a flip-top pack, a hinge-top pack, or a hinge-lid box

    graphic means a colour graphic set out in the fourth column of Schedule 2

    information message means the message set out in Part 1 of Schedule 4

    larger, in relation to a face, means of greater area; but, in relation to a retail package with 2 or more faces of equal area that are larger than any other,—

    • (a) the largest faces means those faces; and

    • (b) the largest face means any of those faces

    message means a warning message or corresponding explanatory message

    other tobacco product means any tobacco product other than cigarettes, loose or pipe tobacco, cigars, or bidis

    pouch pack means a retail package made, from flexible material, in the form of a rectangular pocket with a flap covering the opening

    Quitline logo means the logo printed in black on a white background and in white on a black background set out in Part 2 of Schedule 4

    rectangular includes square

    retail package

    • (a) means a tobacco package intended for retail sale as a single unit; and

    • (b) if a retail package is a carton, includes every tobacco package it contains (whether or not it is intended for retail sale as a single unit)

    sides,—

    • (a) in relation to any cylindrical cigarette pack, means the 2 parts of the curved surface of the pack forming the cross section that, if the vertical centre line of the largest brand name on that surface is taken to be 0°, extend around the cross section—

      • (i) from 60° to 120°; and

      • (ii) from 240° to 300°:

    • (b) in relation to any cigarette pack with 2 hexagonal and 6 rectangular faces, or 2 octagonal and 8 rectangular faces, means the rectangular faces except the front and back:

    • (c) in relation to any cigarette pack that is a cuboid carton, means the larger 2 of the 4 faces except the front and back:

    • (d) in relation to any other cigarette pack, means the surfaces of the pack, except the front and back, that are vertical when it is held so that the axis of the cigarettes within it is vertical

    soft pack means a retail package of the kind commonly called a soft package or a soft cup

    tobacco package has the meaning given to it by regulation 4

    warning message means a message set out in the second column of Schedule 2

    wrapper means a wrapping containing a retail package or several retail packages and includes a non-removable adhesive label or sticker securely attached to it.

    (2) A tobacco package may be intended for retail sale as a single unit, even if it is also intended for any or all of the following:

    • (a) sale of any other kind:

    • (b) transporting retail packages contained within it:

    • (c) holding or displaying, for separate retail sale, retail packages contained within it.

    Compare: SR 1999/70 r 2

4 Meaning of tobacco package
  • (1) In these regulations, unless the context otherwise requires, tobacco package

    • (a) means a package containing a tobacco product or products and includes a carton; but

    • (b) does not include a wrapper or container containing a single cigar.

    (2) A non-removable adhesive label or sticker securely attached to a tobacco package is part of the tobacco package.

    (3) A wrapper that contains a single tobacco package and is normally removed from the package when the package is opened is not part of the tobacco package.

    Compare: SR 1999/70 r 3

5 Shapes and areas
  • For the purposes of these regulations,—

    • (a) in determining whether an area of a retail package is more or less flat, decorative ridges, embossing, bulges, and other irregularities must be disregarded:

    • (b) a soft pack must be treated as being a rectangular solid with 6 flat faces whose edges are equal in length to the corresponding edges of the smallest rectangular solid into which it will fit when not compressed:

    • (c) a face of a retail package (except a soft pack) that has rounded corners but is otherwise rectangular must, except for the purpose of calculating its area, be treated as being rectangular:

    • (d) the surface area of a retail package is the area that would be covered by its outer layer if opened out and pressed flat (less any area of the outer layer that is covered by a flap when the package is closed):

    • (e) in determining the shape of, or the surface area of any part of, a retail package,—

      • (i) the package must be considered when it is closed; and

      • (ii) all edges, gaps, and openings appearing when it is opened must be disregarded:

    • (f) a face of a retail package—

      • (i) has a portrait orientation if, when the largest brand name on the face is read, the longest edge of the face is vertical:

      • (ii) has a landscape orientation if, when the largest brand name on the face is read, the longest edge of the face is horizontal.

    Compare: SR 1999/70 r 5

Part 2
Labelling of retail packages

Subpart 1Overview of labelling requirements

6 Overview of labelling requirements
  • (1) This Part sets out labelling requirements for retail packages of cigarettes, loose or pipe tobacco, cigars, bidis, and other tobacco products.

    (2) Retail packages of cigarettes, loose or pipe tobacco, and cigars must be labelled in accordance with this Part and the following schedules:

    • (a) Schedule 1, which sets out the face, content, and specifications for labelling:

    • (b) Parts 1 to 3 of Schedule 2, which sets out the warning messages, corresponding explanatory messages, and corresponding graphics that must be printed on the labels:

    • (c) Schedule 3, which sets out the various layouts for labelling:

    • (d) Schedule 4, which sets out the information message and the Quitline logo.

    (3) Retail packages of bidis and other tobacco products must be labelled in accordance with this Part and Parts 3 and 4 of Schedule 2 (which sets out the warning messages that must be printed on the labels).

Subpart 2Cigarettes and loose or pipe tobacco

7 Labelling of retail packages: cigarettes
  • A retail package containing cigarettes must be labelled in accordance with—

    • (a) Part 1 of Schedule 1; and

    • (b) Part 1 of Schedule 2; and

    • (c) Part 1 of Schedule 3; and

8 Labelling of retail packages: loose or pipe tobacco
  • A retail package containing loose or pipe tobacco must be labelled in accordance with—

    • (a) Part 2 of Schedule 1; and

    • (b) Part 1 of Schedule 2; and

    • (c) Part 1 of Schedule 3; and

Format of warning and corresponding explanatory messages

9 Format of warning message and corresponding explanatory message: cigarettes and loose or pipe tobacco
  • (1) This regulation applies to—

    • (a) the warning message in English that must be displayed on the front face of a retail package containing cigarettes or loose or pipe tobacco; and

    • (b) the warning message in English and te reo Māori and the corresponding explanatory message that must be displayed on the back face of a retail package containing cigarettes or loose or pipe tobacco.

    (2) The text of the warning message in English that must be displayed on the front face of a retail package must be printed—

    • (a) in black on a yellow background; and

    • (b) in the typeface known as Helvetica; and

    • (c) in bold type and in upper-case and lower-case letters as the text of the warning messages is set out in Part 1 of Schedule 2, in type that—

      • (i) is clear and legible; and

      • (ii) subject to regulation 26 (which relates to the optional Ministry of Health warning), is of the same size throughout the message; and

      • (ii) is of such a size that the text, as nearly as possible, fills the background on which it is printed; and

    • (d) if required, within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds.

    (3) The text of the warning message in English and te reo Māori that must be displayed on the back face of a retail package must be printed—

    • (a) in black on a yellow background for the English element of the message; and

    • (b) in white on a black background for the te reo Māori element of the message; and

    • (c) in the typeface known as Helvetica; and

    • (d) in bold type and in upper-case and lower-case letters as the text of the warning messages is set out in Part 1 of Schedule 2, in type that—

      • (i) is clear and legible; and

      • (ii) may be of different point size for the English element and the te reo Māori element of the message; and

      • (iii) is of such a size that the text, as nearly as possible, fills the background on which it is printed.

    (4) The text of the corresponding explanatory message that must be displayed on the back face of a retail package must be printed,—

    • (a) for that part of the message except the sentences You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider., in black on a yellow background; and

    • (b) for the sentences You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider., in white on a black background; and

    • (c) in the typeface known as Helvetica; and

    • (d) in upper-case and lower-case letters as the text of the corresponding explanatory messages is set out in Part 1 of Schedule 2, in type that is—

      • (i) clear and legible; and

      • (ii) of the same point size throughout the message; and

      • (iii) of such a size that the text, as nearly as possible, fills the background on which it is printed.

    (5) For the purposes of subclause (3),—

    • (a) the English element of the warning message must comprise the top 50% of the warning message; and

    • (b) the te reo Māori element of the warning message must comprise the bottom 50% of the warning message.

Format of information message

10 Format of information message: cigarettes and loose or pipe tobacco
  • (1) This regulation applies to the information message that must be displayed on a retail package containing cigarettes or loose or pipe tobacco.

    (2) The text of the information message must be printed—

    • (a) in white on a black background; and

    • (b) in the typeface known as Helvetica; and

    • (c) in bold type and in upper-case and lower-case letters as the text of the message is set out in Part 1 of Schedule 4, in type that is—

      • (i) clear and legible; and

      • (ii) of such a size that the text, as nearly as possible, fills the background on which it is printed.

Rotation of messages and graphics

11 Rotation of messages and graphics: cigarettes and loose or pipe tobacco
  • (1) The manufacturer or importer of retail packages of cigarettes and loose or pipe tobacco must, in relation to the specified periods,—

    • (a) print the relevant warning messages, corresponding explanatory messages, and corresponding graphics on the retail packages (or ensure that they are printed on the retail packages of cigarettes or loose or pipe tobacco, as the case may be); and

    • (b) ensure that during those specified periods, each warning message, corresponding explanatory message, and corresponding graphic appears as nearly as possible on an equal number of retail packages of each different brand of cigarettes or loose or pipe tobacco.

    (2) The relevant warning messages, corresponding explanatory messages, corresponding graphics, and specified periods are—

    • (a) the warning messages, corresponding explanatory messages, and corresponding graphics set out in items 1 to 7 of Part 1 of Schedule 2 for the period—

      • (i) 28 February 2008 to 28 February 2009:

      • (ii) of 10 months beginning on 1 March in a year ending with an even number:

    • (b) the warning messages, corresponding explanatory messages, and corresponding graphics set out in items 8 to 14 of Part 1 of Schedule 2 for the period—

      • (i) 1 March 2009 to 1 March 2010:

      • (ii) of 10 months beginning on 1 March in a year ending with an odd number.

    (3) For the purposes of subclause (1)(b), cigarettes and loose or pipe tobacco (as the case may be) are of a different brand if—

    • (a) they are sold under different brand names; or

    • (b) they are sold under the same brand name but differ in 1 or more of the following ways:

      • (i) containing or not containing menthol:

      • (ii) being otherwise differently flavoured:

      • (iii) producing different quantities of tar:

      • (iv) allegedly differing in mildness:

      • (v) having or not having filter tips or cork tips:

      • (vi) being sold in retail packages containing different numbers of pieces:

      • (vii) being of different length or mass.

    (4) For the purposes of subclause (2)(a)(ii), a year ending with a zero is to be treated as a year ending with an even number.

12 Changeover of messages and graphics: cigarettes and loose or pipe tobacco
  • In the period of 4 months beginning on 1 January in a year, a retail package for cigarettes or loose or pipe tobacco may display the warning messages, corresponding explanatory messages, or corresponding graphics set out in any of items 1 to 14 of Part 1 of Schedule 2.

Subpart 3Cigars

13 Labelling of retail packages: cigars
  • A retail package containing cigars must be labelled in accordance with—

    • (a) Part 3 of Schedule 1; and

    • (b) Part 2 of Schedule 2; and

Format of warning and corresponding explanatory messages

14 Format of warning message and corresponding explanatory message: cigars
  • (1) This regulation applies to—

    • (a) the warning message in English and te reo Māori that must be displayed on the front face of a retail package containing cigars; and

    • (b) the warning message in English and the corresponding explanatory message that must be displayed on the back face of a retail package containing cigars.

    (2) The text of the warning message in English and te reo Māori that must be displayed on the front face of a retail package must be printed—

    • (a) in bold type in black on a yellow background for the English element of the message; and

    • (b) in black on a yellow background for the te reo Māori element of the message; and

    • (c) in the typeface known as Helvetica; and

    • (d) in upper-case and lower-case letters as the text of the warning messages is set out in Part 2 of Schedule 2, in type that is—

      • (i) clear and legible; and

      • (ii) subject to regulation 26 (which relates to the optional Ministry of Health warning) of the same point size throughout the message; and

      • (iii) of such a size that the text, as nearly as possible, fills the background on which it is printed; and

    • (e) if required, within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds.

    (3) The text of the warning message in English and of the corresponding explanatory message that must be displayed on the back face of a retail package must be printed,—

    • (a) for the warning message, in bold type in white on a black background; and

    • (b) for the corresponding explanatory message, in black on a yellow background; and

    • (c) in the typeface known as Helvetica; and

    • (d) in upper-case and lower-case letters as the text of the warning messages and corresponding explanatory messages is set out in Part 2 of Schedule 2, in type that—

      • (i) is clear and legible; and

      • (ii) of such a size that the text, as nearly as possible, fills the background on which it is printed.

Rotation of messages and graphics

15 Rotation of messages and graphics: cigars
  • (1) The manufacturer or importer of retail packages of cigars must, in relation to each 12-month period beginning on 1 March in any year,—

    • (a) print each warning message, corresponding explanatory message, and corresponding graphic on the retail packages (or ensure that they are printed on the retail packages of cigars); and

    • (b) ensure that during that 12-month period, each warning message, corresponding explanatory message, and corresponding graphic appears as nearly as possible on an equal number of retail packages of each different brand of cigars.

    (2) For the purposes of subclause (1)(b), cigars are of a different brand if—

    • (a) they are sold under different brand names; or

    • (b) they are sold under the same brand name, but differ in 1 or more of the following ways:

      • (i) being otherwise differently flavoured:

      • (ii) being sold in retail packages containing different numbers of pieces:

      • (iii) being of different length or mass.

Subpart 4Retail packages containing bidis

16 Labelling of retail packages: bidis
  • A retail package containing bidis must display a warning message set out in Part 3 of Schedule 2.

Format of warning messages

17 Format of warning message: bidis
  • The text for a warning message that must be displayed on a retail package containing bidis must be printed—

    • (a) in black on a white rectangle measuring at least 50 mm × 20 mm that is positioned lengthwise along the package; and

    • (b) in the typeface known as Helvetica; and

    • (c) in bold type and in upper-case letters as the text of the message is set out in Part 3 of Schedule 2, in type that is—

      • (i) clear and legible; and

      • (ii) of such a size that the text, as nearly as possible, fills the background on which it is printed.

Rotation of warning messages

18 Rotation of warning messages: bidis
  • (1) The manufacturer or importer of retail packages of bidis must, in relation to each 12-month period beginning on 1 March in any year,—

    • (a) print each warning message on the retail packages (or ensure that they are printed on the retail packages of bidis); and

    • (b) ensure that during that 12-month period, each warning message appears as nearly as possible on an equal number of retail packages of each different brand of bidis.

    (2) For the purposes of subclause (1)(b), bidis are of a different brand if—

    • (a) they are sold under different brand names; or

    • (b) they are sold under the same brand name but differ in 1 or more of the following ways:

      • (i) being sold in retail packages containing different numbers of pieces:

      • (ii) being otherwise differently flavoured:

      • (iii) allegedly differing in mildness:

      • (iv) being of different length or mass.

Subpart 5Retail packages containing other tobacco products

19 Labelling of retail packages: other tobacco products
  • A retail package containing any other tobacco product must display a warning message set out in Part 4 of Schedule 2.

Format of warning messages

20 Format of warning message: other tobacco products
  • The text for a warning message that must be displayed on a retail package containing any other tobacco product must cover at least 30% of the total area of the face of the package and be printed—

    • (a) in black on a white background; and

    • (b) in the typeface known as Helvetica; and

    • (c) in bold type and in upper-case letters as the text of the message is set out in Part 4 of Schedule 2, in type that is—

      • (i) clear and legible; and

      • (ii) of such a size that the text, as nearly, as possible, fills the background on which it is printed.

Rotation of warning messages

21 Rotation of warning messages: other tobacco products
  • (1) The manufacturer or importer of retail packages of other tobacco products must, in relation to each 12-month period beginning on 1 March in any year,—

    • (a) print each warning message on the retail packages (or ensure that they are printed on the retail packages of other tobacco products); and

    • (b) ensure that during that 12-month period, each warning message appears as nearly as possible on an equal number of retail packages of each different brand of other tobacco products.

    (2) For the purposes of subclause (1)(b), other tobacco products are of a different brand if—

    • (a) they are sold under different brand names; or

    • (b) they are sold under the same brand name but differ in 1 or more of the following ways:

      • (i) being sold in retail packages containing different numbers of pieces:

      • (ii) being otherwise differently flavoured:

      • (iii) allegedly differing in mildness:

      • (iv) being of different length or mass.

Subpart 6General provisions

22 Messages and corresponding graphics not to be obscured, etc
  • (1) If a warning message, corresponding explanatory message, or corresponding graphic that is required by this Part to be printed on a retail package is likely to be obscured or obliterated by a wrapper on the package, the message or graphic must be printed on both the wrapper and the package.

    (2) A warning message, corresponding explanatory message, or corresponding graphic (except a message or graphic on a carton) must not be likely to be obliterated, removed, or rendered permanently unreadable when the retail package on which it is printed is opened in the normal way.

23 Use of adhesive labels
  • (1) A warning message, corresponding explanatory message, or corresponding graphic that is required by this Part to be printed on a retail package (except a flip-top pack, soft pack or carton containing cigarettes) may be printed on an adhesive label that is affixed to the retail package.

    (2) An adhesive label must—

    • (a) comply with this Part in all respects except as specifically permitted by this regulation; and

    • (b) be affixed to the face of the retail package on which the message that it displays is required to be printed; and

    • (c) be fastened firmly to the retail package so as not to be easily removable without significant destruction of the package.

24 Corresponding graphics not to be distorted
  • Subject to regulation 25, a corresponding graphic that is required by this Part to be printed on a retail package must not be distorted.

25 Corresponding graphics: permitted variations
  • (1) A corresponding graphic that is required by this Part to be printed on a retail package may be cropped only if—

    • (a) it is necessary to do so to fit the graphic onto the retail package; and

    • (b) the overall effect of the graphic is not affected by the cropping.

    (2) If a corresponding graphic that is required by this Part to be printed on a retail package contains a horizontal, vertical, diagonal or similar division that divides the graphic into parts (old parts), the graphic may be printed with a different division only if—

    • (a) the different division divides the graphic into equal parts (new parts); and

    • (b) the old parts are cropped and placed within the new parts; and

    • (c) the overall effect of the graphic is not affected by the new division.

    (3) If a corresponding graphic that is required by this Part to be printed on a retail package contains an overlay of a message in text, the overlay may be placed in a different position only if—

    • (a) the overlay is completely contained within the graphic; and

    • (b) the overall effect of the graphic is not affected by the new position of the overlay.

26 Ministry of Health warning
  • (1) This regulation applies to—

    • (a) the warning message that must be displayed on the front face of a retail package containing cigarettes or loose or pipe tobacco; and

    • (b) the warning message that must be displayed on the front face or the back face of a retail package containing cigars.

    (2) The warning message may include the attribution Ministry of Health Warning printed after the rest of the warning message in type of a point size not greater than 40% of the point size of the type used for the remainder of the message.

    (3) If the attribution Ministry of Health Warning is included in a warning message—

    • (a) it is part of the text of the message; and

    • (b) the provisions of these regulations relating to warning messages apply accordingly.

    Compare: SR 1999/70 r 27

Part 2A
Provision of information about tobacco products

  • Part 2A: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

26A Display of information inside retailer's place of business about availability of tobacco products
  • (1) This regulation specifies, for the purposes of section 23(1)(b)(ii) of the Act, requirements in relation to displaying a printed or handwritten notice inside a retailer's place of business for the public about the location or locations where tobacco products in general are available for purchase in that place of business.

    (2) The notice must not be larger than A4 size.

    (3) The information in the notice must be printed or handwritten in black on a white background.

    (4) The notice must contain only the following information:

    • (a) the words TOBACCO AVAILABLE HERE, in lettering not larger than the typeface known as Helvetica 70 pt; and

    • (b) the words No sales to persons under the age of 18, in lettering not smaller than the typeface known as Helvetica 40 pt.

    (5) The notice—

    • (a) may be displayed only where the tobacco is stored or where the tobacco can be purchased; and

    • (b) must be displayed together with a pictorial health warning (of the same size as the notice) of one of the warnings set out in Part 1 of Schedule 2; and

    • (c) must not be displayed so as to be visible from outside the retailer's place of business.

    (6) The number of notices that may be displayed inside a retailer's place of business is as follows:

    • (a) only 1 notice if the retailer's place of business is less than 200 m2:

    • (b) not more than 2 notices if the retailer's place of business is 200 m2 or more but not more than 500 m2:

    • (c) not more than 3 notices if the retailer's place of business is more than 500 m2.

    (7) For the purposes of subclause (6), the size of a retailer's place of business is the area within the place of business to which, generally, members of the public have access.

    Regulation 26A: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

26B Provision of information about tobacco products offered for Internet sale
  • (1) This regulation specifies, for the purposes of section 23(3)(b) of the Act, requirements in relation to the offer of a tobacco product for Internet sale.

    (2) The information, which is limited by section 23(3)(a) of the Act to identifying the tobacco product and indicating its price, must—

    • (a) be provided in a way that is printable and not editable; and

    • (b) when displayed, comply with the requirements of subclauses (3) to (6).

    (3) The information must be printed or handwritten in black on a white background.

    (4) The information must be—

    • (a) limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and

    • (b) printed or handwritten in black lettering that is not larger than the typeface known as Helvetica 16 pt.

    (5) At the top and bottom of each page containing the product and price information, there must be a health warning—

    • (a) that says—

      SMOKING KILLS

      Ka mate koe i te kai hikareti:

    • (b) the first line of which must not be smaller than the typeface known as Helvetica 70 pt:

    • (c) the second line of which must not be smaller than the typeface known as Helvetica 40 pt.

    (6) At the bottom of each page, below the health warning, there must be the following information, which must not be smaller than the typeface known as Helvetica 22 pt:

    No sales to persons under the age of 18.

    Regulation 26B: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

26BA Provision of information inside retailer's place of business in response to request
  • (1) This regulation specifies, for the purposes of section 23(1)(a)(ii) of the Act, requirements in relation to product and price information provided in printed or handwritten form inside a retailer's place of business to a person who has asked to purchase a specified tobacco product or any available tobacco product.

    (2) The information must be printed or handwritten in black on 1 or more sheets of plain white paper that are no larger than A4 size.

    (3) The information must be—

    • (a) limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and

    • (b) printed or handwritten in black lettering that is not larger than the typeface known as Helvetica 16 pt.

    (4) At the top and bottom of each page on the same side as the product and price information appears, there must be a health warning—

    • (a) that says—

      SMOKING KILLS

      Ka mate koe i te kai hikareti:

    • (b) the first line of which must not be smaller than the typeface known as Helvetica 70 pt:

    • (c) the second line of which must not be smaller than the typeface known as Helvetica 40 pt.

    (5) At the bottom of each page, below the health warning, there must be the following information, which must not be smaller than the typeface known as Helvetica 22 pt:

    No sales to persons under the age of 18.

    (6) Each page on which the product and price information appears must have a continuous solid black border along each edge of the page.

    Regulation 26BA: inserted, on 23 January 2013, by regulation 6 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

26BB Provision of information about tobacco products offered by way of automatic vending machine
  • (1) This regulation specifies, for the purposes of section 23(2) of the Act, requirements in relation to a notice for the public that is limited to identifying tobacco products and their prices and that may be displayed on the outside of an automatic vending machine that offers tobacco products for sale.

    (2)  A notice must—

    • (a) contain information about tobacco products that are available only from the automatic vending machine; and

    Regulation 26BB: inserted, on 23 January 2013, by regulation 6 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

Part 2B
Infringement offences

  • Part 2B: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

26C Infringement fees for infringement offences
  • The infringement fee for an infringement offence is the fee specified in relation to the offence in the third column of Schedule 4A.

    Regulation 26C: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

26D Infringement and reminder notices
  • (1) An infringement notice in relation to an infringement offence must be in form 1 set out in Schedule 4B.

    (2) A reminder notice in relation to an infringement offence must be in form 2 set out in Schedule 4B.

    Regulation 26D: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

Part 3
Other matters

27 Price lists given to retailers
  • For the purposes of section 22(2) of the Act, price lists given to retailers of tobacco products must contain the message Smoking Causes Fatal Diseases on each side of every page, in 24-point type, in upper-case Univers medium condensed Roman typeface.

    Compare: SR 1999/70 r 31

28 Manufactured cigarettes to be tested
  • Manufactured cigarettes are a prescribed class of tobacco products for the purposes of section 33 of the Act.

    Compare: SR 1999/70 r 32

29 Conduct of tests of manufactured cigarettes
  • Tests for the harmful constituents of brands of manufactured cigarettes, and the respective quantities of those constituents present in the smoke, must be conducted in accordance with the following standard methods published by the International Organization for Standardization (ISO):

    • (a) for tar, ISO 4387:1991(E) (Determination of total and nicotine-free dry particulate matter using a routine analytical smoking machine):

    • (b) for nicotine, ISO 10315:1991(E) (Cigarettes–determination of nicotine in smoke condensates–gas chromatographic method):

    • (c) for carbon monoxide, ISO 8454:1995(E) (Cigarettes–determination of carbon monoxide in the vapour phase of cigarette smoke–NDIR method):

    • (d) for tar, nicotine, and carbon monoxide, in addition to the applicable standard method specified in paragraph (a), (b), or (c),—

      • (i) ISO 3308:1991(E) (Routine analytical cigarette-smoking machine–definitions and standard conditions); and

      • (ii) ISO 8243:1991(E) (Cigarettes–sampling); and

      • (iii) ISO 3402:1991(E) (Tobacco and tobacco products–atmosphere for conditioning and testing).

    Compare: SR 1999/70 r 33

30 Display of retailers' names and trade names outside shops
  • [Revoked]

    Regulation 30: revoked, on 23 July 2012, by section 18 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53).

31 Vending machines
  • [Revoked]

    Regulation 31: revoked, on 23 July 2012, by section 18 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53).

32 Returns and reports

Revocation and savings

33 Revocation
34 Transitional provision
  • (1) This regulation applies to retail packages—

    • (a) manufactured and packaged (whether in New Zealand or elsewhere) before the commencement of these regulations; and

    • (b) sold or offered for sale during the period beginning on the commencement of these regulations and ending with the close of 28 August 2008.

    (2) A retail package to which this regulation applies—

    • (b) is required to be labelled in accordance with Part 1 and Schedules 1 to 4 of the Smoke-free Environments Regulations 1999 as if those regulations had not been revoked by regulation 33.


Schedule 1
Requirements for labelling of retail packages

rr 7, 8, 13

Part 1
Cigarettes

Item 1Flip-top pack
FaceFrontBackSide
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face; and

  • (c) extend as close as possible to the side edges of the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover at least 90% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face; and

  • (c) extend as close as possible to the side edges of the back face.

The information message must cover the total area of 1 side of the pack, except the area that forms part of the flip-top.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 
Item 2Soft pack with seal that is not clear
FaceFrontBackSide
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, Quitline logo and telephone number.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned immediately below the seal, parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover the total area of the back face that is below the seal; and

  • (b) be positioned immediately below the seal, parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the back face.

The information message must cover the total area of 1 side of the pack.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 
Item 3Soft pack with clear seal
FaceFrontBackSide
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face; and

  • (c) extend as close as possible to the side edges of the front face; and

  • (d) be positioned so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover at least 90% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face; and

  • (c) extend as close as possible to the side edges of the back face; and

  • (d) be positioned so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened.

The information message must cover the total area of 1 side of the pack.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 
Item 4Vertical carton—semi-transparent and non-transparent
FaceFrontBackSide
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face; and

  • (c) extend as close as possible to the side edges of the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must,—

  • (a) if the back face is partially obscured by a seal,—

    • (i) cover as much of the remainder of the back face as practicable; and

    • (ii) in any case cover at least 90% of the remaining area of the back face; and

  • (b) in any other case, cover at least 90% of the total area of the back face; and

  • (c) be positioned parallel to, and as close as possible to, the longest edge of the back face; and

  • (d) extend as close as possible to the side edges of the back face.

The information message must cover 25% of the total area of 1 side of the carton.
LayoutFront layout 1 specified in Part 1 of Schedule 3.
  • (a) if the back face is partially obscured by a seal, back layout 4 or back layout 5 specified in Part 1 of Schedule 3 as appropriate, according to the position of the seal on the back face, including compliance with any conditions mentioned in the layout; and

  • (b) in any other case, back layout 1 specified in Part 1 of Schedule 3.

 
Item 5Horizontal carton—semi-transparent and non-transparent
FaceFrontBackSide
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face; and

  • (c) be positioned as close as possible to the left-hand edge of the front face.

The warning message in English and te reo Māori, corresponding graphic, and corresponding explanatory message must—

  • (a) if the back face is partially obscured by a seal—

    • (i) cover as much of the remainder of the back face as practicable; and

    • (ii) in any case cover at least 90% of remaining area of the back face; and

  • (b) in any other case, cover at least 90% of the total area of the back face; and

  • (c) be positioned parallel to, and as close as possible to, the longest edge of the back face; and

  • (d) extend as close as possible to the side edges of the back face.

The information message must cover 25% of the total area of 1 side of the carton.
LayoutFront layout 2 specified in Part 1 of Schedule 3.
  • (a) if the back face is partially obscured by a seal, back layout 4 or back layout 5 specified in Part 1 of Schedule 3 as appropriate, according to the position of the seal on the back face, including compliance with any conditions mentioned in the layout; and

  • (b) in any other case, back layout 2 specified in Part 1 of Schedule 3.

 
Item 6Rectangular or square-shaped pack (other than a carton)
FaceFrontBackSide
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must,—

  • (a) cover at least 90% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the back face.

The information message must cover the total area of 1 side of the pack, except any area that forms part of the lid.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 
Item 7Hexagonal or octagonal prism-shaped packs other than flip-top packs
FaceFront (the rectangular face of the pack on which the largest brand name appears)Back (the face opposite to the front face)Side (one of the rectangular or square faces of the pack, except the front and back faces)
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover at least 90% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the back face.

The information message must cover the total area of 1 side of the pack.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 
Item 8Cylindrical-shaped pack
FaceFront (the curved surface of the cylinder that extends one-twelfth of the circumference of the package each side of the vertical centre line of the largest brand name appearing on that surface)Back (the face of the cylinder that is opposite to the front face)Outer surface of base of pack
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover at least 90% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened.

The information message must cover 25% of the total area of the outer surface of the base of the pack.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 
Item 9Pack of a shape or size not mentioned in items 1 to 8
FaceFront (face of the pack on which the largest brand name appears)Back (face opposite to the front face)Side
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and the corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover at least 90% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face, so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and

  • (c) extend as close as possible to the side edges of the back face.

The information message must cover the total area of 1 side of the pack.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 

Part 2
Loose or pipe tobacco

Item 1Pouch
FaceFront (the largest face of the pouch that is not overlapped by the flap of the pouch)Back (the face, comprising the flap, opposite to the front face)Inside flap
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

For a front face with portrait orientation, the warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face; and

  • (c) extend as close as possible to the side edges of the front face.

For a front face with landscape orientation, the warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top and left-hand sides of the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover at least 50% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face; and

  • (c) extend as close as possible to the side edges of the back face.

The information message must be printed within a rectangle measuring at least 80 mm × 25 mm that is positioned—

  • (a) in the centre of the inside of the pouch, under the flap, and as close as possible to the top edge of the sealed inner pouch; or

  • (b) in the centre of the inside surface of the flap that folds over the back face.

LayoutFor a front face with portrait orientation, front layout 1 specified in Part 1 of Schedule 3.
For a front face with landscape orientation, front layout 2 specified in Part 1 of Schedule 3.
Back layout 3 specified in Part 1 of Schedule 3. 
Item 2Cylindrical-shaped package with height of at least 41 mm
FaceFront (the curved surface of the cylinder that extends one-twelfth of the circumference of the package each side of the vertical centre line of the largest brand name appearing on that surface)Back (the face of the cylinder that is opposite to the front face)Outer surface of base of package
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English will not be obscured, severed, or obliterated when the package is opened.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must—

  • (a) cover at least 50% of the total area of the back face; and

  • (b) be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the package is opened.

The information message must cover at least 25% of the total area of the outer surface of the base of the package.
LayoutFront layout 1 specified in Part 1 of Schedule 3.Back layout 1 specified in Part 1 of Schedule 3. 
Item 3Cylindrical-shaped package or tin with height of less than 41 mm
FaceFront (the outer surface of the lid of the package or tin)Back (the outer face of the base of the package or tin)Outer surface of the base of the package
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori and corresponding explanatory message.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to the largest brand name on the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must cover at least 50% of the total area of the back face. 
Item 4Rectangular or square tin or package
FaceFront (the outer surface of the lid of the tin or the front of the package)Back (the outer face of the base of the tin or the back of the package)Side
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to the largest brand name on the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must cover at least 50% of the total area of the back face. 
Item 5Pack of shape or size not mentioned in items 1 to 4
FaceFront (the face of the package on which the largest brand name appears)Back (the face opposite the front face)Side
ContentWarning message in English and corresponding graphic.Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo.Information message.
Specifications

The warning message in English and corresponding graphic must—

  • (a) cover at least 30% of the total area of the front face; and

  • (b) be positioned parallel to the largest brand name on the front face.

The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must cover at least 50% of the total area of the back face.The information message must cover at least 25% of the total area of 1 side of the pack.

Part 3
Cigars

Item 1Package with hinged lid
FaceFront (outer surface of lid)Back (outer face of base) 
ContentWarning message in English and te reo Māori and corresponding graphic.Warning message in English and corresponding explanatory message. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. 
Item 2Flip-top pack
FaceFrontBack 
ContentWarning message in English and te reo Māori and corresponding graphic.Warning message in English and corresponding explanatory message. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. 
Item 3Soft pack
FaceFrontBack 
ContentWarning message in English and te reo Māori and corresponding graphic.Warning message in English and corresponding explanatory message. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English and the corresponding explanatory message must cover at least 35% of the total area of the back face. 
Item 4Rectangular- or square-shaped pack or tin with front face that has width of at least 61 mm 
FaceFrontBack 
ContentWarning message in English and te reo Māori and corresponding graphic.Warning message in English and corresponding explanatory message. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English and the corresponding explanatory message must cover at least 35% of the total area of the back face. 
Item 5Rectangular- or square-shaped pack or tin with front face that has width of less than 61 mm 
FaceFrontBack 
ContentWarning message in English and te reo Māori and the corresponding graphic.Warning message in English. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English must cover at least 35% of the total area of the back face. 
Item 6Cylindrical-shaped packs 
FaceFront (the curved surface of the cylinder that extends one-twelfth of the circumference of the cylinder each side of the vertical centre line of the largest brand name appearing on that surface)Back (the face opposite to the front face) 
ContentWarning message in English and te reo Māori and corresponding graphic.Warning message in English and corresponding explanatory message. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. 
Item 7Hexagonal or octagonal prism-shaped pack 
FaceFront (the rectangular face of the package on which the largest brand name appears)Back (the face opposite to the front face) 
ContentWarning message in English and te reo Māori and corresponding graphic.Warning message in English and corresponding explanatory message. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. 
Item 8Pack of shape or size not mentioned in items 1 to 7 
FaceFront (the face of the package on which the largest brand name appears)Back (the face opposite to the front face) 
ContentWarning message in English and te reo Māori and corresponding graphic.Warning message in English and corresponding explanatory message. 
SpecificationsThe warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face.The warning message in English and the corresponding explanatory message must cover at least 35% of the total area of the back face. 

Schedule 2
Warning messages, corresponding explanatory messages, and corresponding graphics

rr 7, 8, 9, 13, 14, 16, 17, 19, 20

Part 1
Cigarettes and loose or pipe tobacco

ItemWarning messageExplanatory messageGraphic 
1SMOKING CAUSES BLINDNESS
 
KA KĀPŌ KOE I TE MOMI HIKARETI
 
Ministry of Health Warning
Smoking causes blindness by damaging the back of your eyes. It also causes cataracts.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Human eye undergoing operation.
FRONT OF PACK
Human eye undergoing operation.
BACK OF PACK
2SMOKING CAUSES GANGRENE
 
KA PĀNGIA KOE I TE KIKOHUNGA I TE MOMI HIKARETI
 
Ministry of Health Warning
Smoking damages your blood vessels reducing circulation to your legs and feet. This can cause blood clots, gangrene, and amputation.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Gangrenous foot.
FRONT OF PACK
Gangrenous foot.
BACK OF PACK
3SMOKING CAUSES MOUTH CANCER
 
KA MATE PUKUPUKU Ō TE WAHA KOE I TE MOMI HIKARETI
 
Ministry of Health Warning
Mouth and throat cancer can result in eating, swallowing, and speech problems, disfigurement, and death.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Mouth cancer.
FRONT OF PACK
Mouth cancer.
BACK OF PACK
4YOU ARE NOT THE ONLY ONE SMOKING THIS CIGARETTE
 
ĒHARA KO KOE ANAKE KEI TE MOMI I TĒNEI HIKARETI
 
Ministry of Health Warning
Smoking during pregnancy increases the risk of miscarriage, stillbirth, premature birth, and the risk of Sudden Infant Death Syndrome (SIDS).
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Pregnant woman with cigarette in hand.
FRONT OF PACK
Pregnant woman with cigarette in hand, newly born baby with medical apparatus connected.
BACK OF PACK
5OVER 80% OF LUNG CANCERS ARE CAUSED BY SMOKING
 
TE NUINGA O NGĀ MATE PUKUPUKU Ā PŪKAHUKAHU NĀ TE MOMI HIKARETI
 
Ministry of Health Warning
Smoking causes most lung cancers in New Zealand. If you get lung cancer you will probably die from it.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Healthy and affected lungs.
FRONT OF PACK
Healthy and affected lungs.
BACK OF PACK
6TOBACCO SMOKE IS POISONOUS
 
HE PAIHANA TE AUAHI HIKĀ
 
Ministry of Health Warning
Smoking exposes you to poisonous chemicals that cause cancer, heart disease, and death.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Dead person's foot with a tag.
FRONT OF PACK
Dead person's foot with a tag.
BACK OF PACK
7SMOKING CAUSES HEART ATTACKS
 
KA MĀUIUI TŌU NGĀKAU I TE MOMI HIKARETI
 
Ministry of Health Warning
Smoking can block your arteries. Blocked arteries cause heart attacks which can kill you.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Human heart.
FRONT OF PACK
Human heart showing damage to a muscle due to clogged artery.

damaged heart muscle – result of clogged artery

BACK OF PACK
8SMOKING CAN MAKE YOU IMPOTENT
 
KA KAHAKORE TE URE I TE MOMI HIKARETI
 
Ministry of Health Warning
Smoking can cause impotence due to decreased blood flow to the penis. This can prevent you from having sex.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Bent cigarette.
FRONT OF PACK
Bent cigarette.
BACK OF PACK
9SMOKING IS HIGHLY ADDICTIVE
 
KA TINO WAREA TE TANGATA I TE MOMI HIKARETI
 
Ministry of Health Warning
You may not realise how addicted you are until you try to quit. Long-term smokers can and do quit.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Hand holding a cigarette.
FRONT OF PACK
Hand holding a cigarette.
BACK OF PACK
10SMOKING CAUSES FOUL AND OFFENSIVE BREATH
 
KA HAUNGA, KA KEHAKEHA TŌU HĀ I TE MOMI HIKARETI
 
Ministry of Health Warning
Tobacco smoke affects the natural chemical balance in your mouth, which can give you offensive bad breath.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Bad teeth.
FRONT OF PACK
Bad teeth.
BACK OF PACK
11YOUR SMOKING CAN HARM YOUR KIDS
 
KOI PĀNGIA I TE MATE ŌU TAMARIKI I TŌU MOMI HIKARETI
 
Ministry of Health Warning
Exposure to tobacco smoke increases the risk of your children contracting serious illnesses and dying. Babies exposed to tobacco smoke are at greater risk of Sudden Infant Death Syndrome (SIDS).
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Asthmatic child.
FRONT OF PACK
Asthmatic child.
BACK OF PACK
12SMOKING CAUSES SERIOUS LUNG DISEASES
 
HE TINO KINO TE MATE MIRU PUPUHI
 
Ministry of Health Warning
Smoking causes crippling and often fatal lung diseases like emphysema.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Smoker coughing.
FRONT OF PACK
Smoker coughing.
BACK OF PACK
13SMOKING MORE THAN DOUBLES YOUR RISK OF STROKE
 
KA TINO KAHA RAWA AKE TŌU PĀNGIA ANA I TE MATE RORO IKURA I TE MOMI HIKARETI
 
Ministry of Health Warning
Strokes can cause permanent paralysis, inability to speak, disability, and death.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Brain bleed from stroke.
FRONT OF PACK
Brain bleed from stroke.
BACK OF PACK
14SMOKING BLOCKS YOUR ARTERIES
 
KA AUKATIHIA ŌU IOIO TOTO I TE MOMI HIKARETI
 
Ministry of Health Warning
Blocked arteries can lead to heart attack, stroke, and death.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Clogged artery.
FRONT OF PACK
Clogged artery.
BACK OF PACK

Part 2
Cigars

ItemWarning messageExplanatory messageGraphic 
1CIGAR SMOKE IS TOXIC
 
HE PAIHANA TE AUAHI HIKĀ
 
Ministry of Health Warning
Cigar smoke contains high concentrations of toxins and irritants. Taking in this toxic mix can damage the body's cells, resulting in many diseases including cancer, heart disease, and respiratory disease.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Dead person's foot with a tag.
 
2CIGAR SMOKING CAUSES LUNG CANCER
 
KA MATE PUKUPUKU Ā PŪKAHUKAHU I TE MOMI HIKĀ
 
Ministry of Health Warning
Cigar smoking increases your risk of lung cancer even if you do not inhale. Your lung cancer risk increases greatly if you inhale the smoke.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Lung cancer.
 
3CIGAR SMOKING CAUSES MOUTH AND THROAT CANCER
 
KA MATE PUKUPUKU O TE WAHA MĒ TĒ KOROKORO I TE MOMI HIKĀ
 
Ministry of Health Warning
Cigar smoking increases your risk of developing cancer of the lip, mouth, throat, and voicebox.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Mouth cancer.
 
4CIGARS ARE NOT A SAFE ALTERNATIVE TO CIGARETTES
 
ĒHARA I TE MEA HE HAUMARU AKE TE HIKĀ KI TE HIKARETI
 
Ministry of Health Warning
Cigar smoking, particularly if you inhale, increases your risk of mouth and throat cancer, heart disease, and lung disease.
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Smoker coughing.
 
5DON'T LET CHILDREN BREATHE YOUR SMOKE
 
KAUA E TUKUA NGĀ TAMARIKI KIA NGONGO I TŌ AUAHI HIKARETI
 
Ministry of Health Warning
Children exposed to passive smoking experience more serious illnesses such as pneumonia, middle ear infections, and asthma attacks. Babies exposed to passive smoking are at greater risk of Sudden Infant Death Syndrome (SIDS).
 
You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.
Asthmatic child.
 

Part 3
Bidis

ItemWarning message
1SMOKING DOUBLES YOUR RISK OF STROKE
2SMOKING CAUSES PERIPHERAL VASCULAR DISEASE
3SMOKING CAUSES BLINDNESS
4SMOKING CAUSES MOUTH AND THROAT CANCER
5DON'T LET CHILDREN BREATHE YOUR SMOKE

Part 4
Other tobacco products

ItemWarning message
1THIS PRODUCT CONTAINS CANCER-CAUSING AGENTS
2THIS PRODUCT MAY BE HARMFUL TO YOUR HEALTH

Schedule 3
Layouts for labelling of retail packages

rr 7, 8, 13

Part 1
Layouts for labelling of cigarettes and loose or pipe tobacco

Front layout 1

Portrait layout, graphics and warning message at the top.

Graphic; Warning message

Front layout 2

Landscape layout, graphics and warning message at the top left corner.

Graphic; Warning message

Back layout 1

Portrait layout.

Warning message; Graphic and Quitline logo; Corresponding explanatory message

Back layout 2

Landscape layout with larger graphics and Quitline logo on the left.

Graphic and Quitline logo; Warning message; Corresponding explanatory message

Back layout 3

Landscape layout with smaller graphics and Quitline logo in top left corner.

Graphic and Quitline logo; Warning message; Corresponding explanatory message

Back layout 4

Landscape layout with explanatory message at the top and logo in the bottom left.

Corresponding explanatory message; Seal; Graphic and Quitline logo; Warning message

Conditions for back layout 4:
  • (a) layout may only be used if the corresponding explanatory message occupies the lesser portion of the remainder of the face, having regard to the division made by the seal; and

  • (b) the corresponding explanatory message must be not less than 20 mm in height.

Back layout 5

Landscape layout with explanatory message at the bottom and logo in the top left.

Graphic and Quitline logo; Warning message; Seal; Corresponding explanatory message

Conditions for back layout 5:
  • (a) layout may only be used if the corresponding explanatory message occupies the lesser portion of the remainder of the face, having regard to the division made by the seal; and

  • (b) the corresponding explanatory message must be not less than 20 mm in height.

Part 2
Layouts for labelling of cigars

Front of pack

Warning message to the right of the graphics.

Graphic; Warning message

Back of pack

Warning message and corresponding explanatory message below.

Warning message; Corresponding explanatory message

Schedule 4
Information message and Quitline logo

rr 7, 8, 10

Part 1
Information message


 

 
Smoking exposes you to more than 40 harmful chemicals.
These chemicals damage blood vessels, body cells, and the immune system.
QUIT NOW to reduce your risk of chronic illness or premature death.

Part 2
Quitline logo

Quitline 0800 778 778 black on white and white on black versions.

Quitline 0800 778 778

Schedule 4A
Infringement fees for infringement offences

r 26C

  • Schedule 4A: inserted, on 23 July 2012, by regulation 5 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

Section
of Act
 Description of offence Fee
($)
36(5) 

Contravening section 29(1) (publishing an advertisement for a tobacco product that directly or indirectly states or suggests that the product is suitable for chewing or for any other oral use (other than smoking)) or section 29(2) (importing for sale, selling, packing, or distributing a tobacco product labelled or otherwise described as suitable for chewing, or for any other oral use (other than smoking))

 

1,000 (in the case of a manufacturer, importer, or distributor)

   

500 (in any other case)

36(5A) 

Contravening section 29A(2), which relates to distributing a tobacco product to which section 29A(1) applies, or supplying a tobacco product to which section 29A(1) applies to another person for later distribution, or, in the case of a retailer, supplying a tobacco product to which section 29A(1) applies to another person for the purpose of that retailer's business

 

1,000 (in the case of a manufacturer, importer, or distributor)

   

500 (in any other case)

36(5B) 

Contravening section 29B, which relates to permitting an automatic vending machine that dispenses or is capable of dispensing tobacco products or herbal smoking products to be located in a place to which members of the public have access, and also to permitting a tobacco product or herbal smoking product to be sold by way of an automatic vending machine in a place to which members of the public have access

 200
36(6) 

Contravening section 30(1) by selling, or after selling them delivering or arranging for the delivery of, tobacco products to people younger than 18 years

 

1,000 (in the case of a body corporate)

   

500 (in any other case)

36(6A) 

Contravening section 30(1) by selling, or after selling them deliverying or arranging for the delivery of, herbal smoking products to people younger than 18 years

 200
36(7A) 

Contravening section 30A(2) or (3), both of which impose restrictions on the sale of certain tobacco products in small quantities

 200
36A(2) Contravening section 36A(1), which prohibits sale of a toy tobacco product to a person younger than 18 years 200

Schedule 4B
Forms of infringement notice and reminder notice

r 26D

  • Schedule 4B: inserted, on 23 July 2012, by regulation 5 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).

Form 1
Infringement notice

Section 38C(1), Smoke-free Environments Act 1990

Infringement notice number:

Date of notice:

Name of enforcement officer issuing the notice:

Person served

Full name:

Full address:

Date of birth:

Gender:

Occupation:

Telephone number(s):

Details of alleged infringement offence

Date:

Time:

Place:

Details of offence:

       

which is in breach of section [36(5), 36(5A), 36(5B), 36(6), 36(6A), 36(7A), 36A(2)*] of the Smoke-free Environments Act 1990.

*Select one.

The infringement fee is $[amount]

The infringement fee is payable within 28 days after [earliest date notice delivered personally or posted].

The infringement fee is payable to the Director-General, Ministry of Health, at [address where fee payable].

IMPORTANT: Please read the summary of rights printed on the following pages.

Summary of rights

  • 1 If you do not understand anything in this summary you should consult a lawyer immediately.

Payments
  • 2 If you pay the infringement fee within 28 days after the service on you of this notice, no further action will be taken for that offence. Payment must be made at the place indicated on the first page of this notice.

Payment by instalments
  • 3 The Director-General, Ministry of Health, may, but is not required to, enter into an agreement allowing you to pay the infringement fee by instalments (see subsections (3A) to (3D) of section 21 of the Summary Proceedings Act 1957).

  • 4 If you wish to pay the infringement fee by instalments, you should ask the Director-General, Ministry of Health, by letter whether the Ministry of Health will agree to payment by instalments.

  • 5 If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you arrange with the Director-General, Ministry of Health, to pay the infringement fee by instalments, you will not be entitled to request a hearing in respect of the offence and paragraphs 7(b), 7(c), 8, 9, and 10 below will not apply.

Defence
  • 6 You have a complete defence against proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General, Ministry of Health, at the address shown on the first page of this notice within 28 days after service on you of a reminder notice in respect of the offence.

    Note: Late payment or payment at any other place will not be a defence.

Further action
  • 7 You must write to the Director-General, Ministry of Health, if you wish to do any of the following things:

    • (a) raise any matter relating to the alleged offence for consideration by the Director-General, Ministry of Health; or

    • (b) deny liability for the offence and request a District Court hearing (refer to paragraphs 8, 9, and 13 below); or

    • (c) admit liability for the offence, but have a District Court consider written submissions as to penalty or otherwise (refer to paragraphs 10 and 13 below), you should write to the Director-General, Ministry of Health, at the address shown on the first page of this notice. Any such letter should be personally signed.

Court hearing
  • 8 You have a right to a District Court hearing. If you deny liability for the offence and request a hearing in respect of the alleged offence, the Director-General, Ministry of Health, will (unless the Ministry of Health decides not to commence court proceedings) serve you with a notice of hearing setting out the place and time at which the matter will be heard by a District Court.

    Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.

  • 9 A request for a hearing must—

    • (a) be in writing signed by you; and

    • (b) be delivered to the Director-General, Ministry of Health, at the address shown on the first page of this notice; and

    • (c) be so delivered before or within 28 days after service on you of a reminder notice.

  • 10 If you admit liability in respect of the offence but want the court to consider your submissions as to penalty or otherwise, you should, in your letter,—

    • (a) request a hearing; and

    • (b) admit liability for the offence; and

    • (c) set out the written submissions you wish to be considered by the court.

  • The Ministry of Health will then file your letter with the court (unless the Ministry of Health decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.

    Note: Costs will be imposed in addition to any penalty.

Reminder notice
  • 11 If, at the end of 28 days after the date of service of this notice, the infringement fee has not been paid to the Ministry of Health at the address shown on the first page of this notice and the Director-General, Ministry of Health, has not received at that address a notice requesting a hearing in respect of the offence, you will be served with a reminder notice (unless the Ministry of Health decides otherwise).

  • 12 If, at the end of 28 days after the date of service of the reminder notice, the infringement fee has not been paid to the Director-General, Ministry of Health, at the address shown on the first page of this notice and the Director-General, Ministry of Health, has not received at that address a notice requesting a hearing,—

    • (a) the Ministry of Health may provide particulars of the reminder notice for filing in a District Court; and

    • (b) you will, under section 21(5) of the Summary Proceedings Act 1957, become liable to pay costs in addition to the infringement fee.

Queries and other correspondence
  • 13 When writing or making payment, please include—

    • (a) the date of the infringement; and

    • (b) the infringement notice number; and

    • (c) the identifying number of the alleged offence; and

    • (d) the course of action you are taking in respect of the alleged offence; and

    • (e) your address for replies.

Notes

Further details of your rights and obligations are in section 38C of the Smoke-free Environments Act 1990 and section 21 of the Summary Proceedings Act 1957.

All queries and all correspondence regarding this infringement notice must be directed to the Director-General, Ministry of Health, at the address shown on the first page of this notice.

Form 2
Reminder notice

Section 38C(1), Smoke-free Environments Act 1990

Reminder notice number:

Date of notice:

Name of enforcement officer issuing the notice:

Person served

Full name:

Full address:

Date of birth:

Gender:

Occupation:

Telephone number(s):

Details of alleged infringement offence

Date:

Time:

Place:

Details of offence:

       

which is in breach of section [36(5), 36(5A), 36(5B), 36(6), 36(6A), 36(7A), 36A(2)*] of the Smoke-free Environments Act 1990.

*Select one.

Infringement notice number [number].

The infringement notice served by personal service/prepaid post* on [date].

This reminder notice served by personal service/prepaid post* on [date].

*Select one.

The infringement fee was $[amount] payable within 28 days after [earliest date notice delivered personally or posted].

The last day for payment is [date].

No fee has been received.

The infringement fee remains payable to the Director-General, Ministry of Health, at [address where fee payable].

IMPORTANT: Please read the summary of rights printed on the following pages.

Summary of rights

  • 1 If you do not understand anything in this summary you should consult a lawyer immediately.

Payments
  • 2 If you pay the infringement fee within 28 days after the service on you of this notice, no further action will be taken for that offence. Payment must be made at the place indicated on the first page of this notice.

Payment by instalments
  • 3 The Director-General, Ministry of Health, may, but is not required to, enter into an agreement allowing you to pay the infringement fee by instalments (see subsections (3A) to (3D) of section 21 of the Summary Proceedings Act 1957).

  • 4 If you wish to pay the infringement fee by instalments, you should ask the Director-General, Ministry of Health, by letter whether the Ministry of Health will agree to payment by instalments.

  • 5 If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you arrange with the Director-General, Ministry of Health, to pay the infringement fee by instalments, you will not be entitled to request a hearing in respect of the offence and paragraphs 7(b), 7(c), 8, 9, and 10 below will not apply.

Defence
  • 6 You have a complete defence against proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General, Ministry of Health, at the address shown on the first page of this notice within 28 days after service on you of this notice in respect of the offence.

    Note: Late payment or payment at any other place will not be a defence.

Further action
  • 7 You must write to the Director-General, Ministry of Health, if you wish to do any of the following things:

    • (a) raise any matter relating to the alleged offence for consideration by the Director-General, Ministry of Health; or

    • (b) deny liability for the offence and request a District Court hearing (refer to paragraphs 8, 9, and 12 below); or

    • (c) admit liability for the offence, but have a District Court consider written submissions as to penalty or otherwise (refer to paragraphs 10 and 12 below), you should write to the Director-General, Ministry of Health, at the address shown on the first page of this notice. Any such letter should be personally signed.

Court hearing
  • 8 You have a right to a District Court hearing. If you deny liability for the offence and request a hearing in respect of the alleged offence, the Director-General, Ministry of Health, will (unless the Ministry of Health decides not to commence court proceedings) serve you with a notice of hearing setting out the place and time at which the matter will be heard by a District Court.

    Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.

  • 9 A request for a hearing must—

    • (a) be in writing signed by you; and

    • (b) be delivered to the Director-General, Ministry of Health, at the address shown on the first page of this notice; and

    • (c) be so delivered within 28 days after service on you of this notice.

  • 10 If you admit liability in respect of the offence but want the court to consider your submissions as to penalty or otherwise, you should, in your letter,—

    • (a) request a hearing; and

    • (b) admit liability for the offence; and

    • (c) set out the written submissions you wish to be considered by the court.

  • The Ministry of Health will then file your letter with the court (unless the Ministry of Health decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.

    Note: Costs will be imposed in addition to any penalty.

Next steps
  • 11 If you do not request a hearing and you do not pay the infringement fee or the amount of the infringement fee remaining within 28 days after service on you of this notice,—

    • (a) the Ministry of Health may provide particulars of the reminder notice for filing in a District Court; and

    • (b) you will, under section 21(5) of the Summary Proceedings Act 1957, become liable to pay costs in addition to the infringement fee.

Queries and other correspondence
  • 12 When writing or making payment, please include—

    • (a) the date of the infringement; and

    • (b) the infringement notice number; and

    • (c) the identifying number of the alleged offence; and

    • (d) the course of action you are taking in respect of the alleged offence; and

    • (e) your address for replies.

Notes

Further details of your rights and obligations are in section 38C of the Smoke-free Environments Act 1990 and section 21 of the Summary Proceedings Act 1957.

All queries and all correspondence regarding this reminder notice must be directed to the Director-General, Ministry of Health, at the address shown on the first page of this notice.

Schedule 5
Form of return

r 32(1)

Manufacturer or importer:

Calendar year:

Tobacco product class:

Cigarettes/cigarette tobacco/pipe tobacco/cigars/other [specify]*

  • (a) tobacco weight by product class:

  • (b) weight of additives in total by product class:

  • (c) list of additives and quantities not exceeded for each brand and brand variants in this return:

    Common botanical or chemical nameQuantity not exceeded (percentage by weight)
      
  • (d) brand information:

    Brand and brand variantQuantity released for salePrice (see note)
       

I, [full name] of [address], [position held], certify that the information contained in/and annexed to* this return is correct for the purposes of the Smoke-free Environments Regulations 2007.

Place:

Date:

*Delete as appropriate
  • Note: Price sheets supplied by the manufacturer or importer to retailers during the year of recommended prices for each brand and brand variant or an equivalent list may be attached to the return instead of including that information above.

Schedule 6
Form of report

r 32(2)

Manufacturer or importer:

Laboratory:

Calendar year:

Product:

Brand and brand variantTar
Mean CI*
Nicotine
Mean CI*
CO
Mean CI*
    
*CI = 95% confidence interval

I, [full name] of [address], [position held in testing laboratory], certify that the report correctly records the results of all tests carried out at the laboratory at [location] by or on behalf of [name of manufacturer or importer] during the year [year] for the purposes of section 33/section 34† of the Smoke-free Environments Act 1990.

Place:

Date:

†Delete as appropriate

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 March 2007.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Smoke-free Environments Regulations 2007. The reprint incorporates all the amendments to the regulations as at 23 January 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)