communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and

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

is not required or permitted by this Act or regulations.

communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and

is an Internet-sales message; and

is not required or permitted by this Act or regulations.

in the case of a manufacturer, an importer, or a distributor,—

in the case of a large retailer,—

in any other case,—

any price list given to retailers of regulated products if the price list—

any advertisement included in any book, magazine, or newspaper printed outside New Zealand, or in any radio or television transmission originating outside New Zealand, or in any film or video recording made outside New Zealand, unless—

any regulated product advertisement published by a regulated products manufacturer in a magazine intended for distribution only to the manufacturer’s employees:

the exhibition, in any museum or art gallery, of any work or artifact:

the dissemination, broadcasting, or exhibition of any film, video recording, or sound recording where—

a public health message issued by the Director-General for the purposes of this Act or any of its Parts that is published by a public service or an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly) by a public service:

the following activities:

any advice or message given by a suitably qualified health worker to an individual or to groups for the purpose of supporting them to switch from smoking to vaping:

the following activities:

the publication of media articles, commentary, and opinion that—

information provided by manufacturers and importers, in accordance with any regulations, to retailers about the use of vaping products and smokeless tobacco products:

communications about vaping products made, in accordance with any regulations, by specialist vape retailers to their existing customers.

in response to a product request, provide, inside that retailer’s place of business, information (in any medium) that—

display inside that retailer’s place of business any notice for the public that—

display the retailer’s name or trade name at the outside of the retailer’s place of business so long as the name is not and does not include—

does no more than—

complies with any requirements in regulations.

is in the form of printed or written words; and

does no more than identify the regulated product and indicate its price; and

complies with any requirements in regulations.

encouraging the use of a regulated product:

notifying the availability of a regulated product:

promoting the sale of a regulated product:

promoting smoking or vaping behaviour.

in the case of a large retailer,—

in any other case,—

communications made in response to a product request that do no more than identify the regulated products available for purchase in that place and indicate their price:

communications encouraging smokers to switch to a product that is less harmful than smoking:

communications about vaping products made, in accordance with any regulations, by specialist vape retailers to customers in their approved vaping premises:

information provided, in accordance with any regulations, by a specialist vape retailer relating to the safe use of regulated products available for purchase in their approved vaping premises:

communications made by a retailer who is a suitably qualified health worker for the purpose of supporting customers to switch from smoking to vaping.

a regulated product trade mark:

all or any part of a company name included in a regulated product trade mark:

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

in the case of a manufacturer, an importer, or a distributor,—

in the case of a large retailer,—

in any other case,—

in the case of a manufacturer, an importer, or a distributor,—

in the case of a large retailer,—

in any other case,—

on a non-regulated article; or

for the purpose of advertising or identifying to the public—

any non-regulated article; or

any service, activity, or event; or

any scholarship, fellowship, or other educational benefit,—

a regulated product; or

a package in which a regulated product is sold or shipped.

in the case of a manufacturer, an importer, or a distributor,—

in the case of a large retailer,—

in any other case,—

distribute any regulated product:

supply any regulated product to any person for subsequent distribution.

the charge for the product itself is reduced; or

the charge for distribution or supply of the product is not reduced or purports not to be reduced, but some other item is supplied free of charge or at a reduced charge, together with the product.

in the case of a manufacturer, an importer, or a distributor,—

in the case of a large retailer,—

in any other case,—

distribute an accompanied regulated product; or

supply an accompanied regulated product to another person for later distribution.

packed together with a product that is not a regulated product; or

distributed or supplied, together with a product that is not a regulated product, at a single price.

in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; and

in any other case, to a fine not exceeding $5,000.

it is expressed or implied in an arrangement of any kind in any form; and

compliance with it would limit or prevent compliance with section 33 or 34.

regardless of whether the arrangement is a contract:

as if compliance with the term were performance, in a way that gives rise to illegality, of a provision of a contract.

the purchaser of a regulated product in consideration for the purchase of that product; or

any person in consideration for the provision of evidence of the purchase of a regulated product.

the purchase or sale of regulated products by that retailer; or

the advertising of regulated products inside that retailer’s place of business; or

the location of regulated products in a particular part of that retailer’s place of business.

purchases or attempts to purchase a regulated product for the purpose of monitoring compliance with this Part; and

is authorised—

in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or

in any other case, to a fine not exceeding $5,000.

to be visible from outside the person’s place of business; or

to be visible from an area inside the person’s place of business to which members of the public are allowed access.

the product or package is visible only to the extent that is necessary for it to be delivered—

the form of its delivery complies with any regulations made under section 81(13) that are in force.

display a sign for the public that—

display the sign clearly at each point of sale at the outside of or inside the person’s place of business.

must not sell a regulated product to a person younger than 18 years; or

having sold a regulated product to a person of any age, must not deliver it, or arrange for it to be delivered, to a person younger than 18 years.

in the case of a body corporate, to a fine not exceeding $10,000; and

in any other case, to a fine not exceeding $5,000.

the contravention occurred without the person’s knowledge; and

the person took reasonable precautions and exercised due diligence to prevent the contravention.

that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or

that the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.

supply a regulated product to a person younger than 18 years; or

supply a regulated product to a person with the intention that it be supplied (directly or indirectly) to a person younger than 18 years.

the contravention occurred without the person’s knowledge; and

the person took reasonable precautions and exercised due diligence to prevent the contravention.

that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years; or

that the person charged believed on reasonable grounds that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years.

the contravention occurred without the person’s knowledge; and

the person took reasonable precautions and exercised due diligence to prevent the contravention.

the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or

the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.

does no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and

complies with any requirements of those regulations.

do no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and

comply with the applicable requirements of those regulations.

another offence against section 40(2); or

an offence against section 30(1) of this Act before it was amended by the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

prohibiting either or both of the following:

prohibiting either or both of the following:

imposing any conditions or restrictions (or both) that it thinks fit on either or both of the following:

the date on which it takes effect (which may be the date on which it is made or a later date); and

the date on which it expires (which must be a date at least 4 weeks and no more than 3 months after the date on which it takes effect).

in the case of a body corporate, to a fine not exceeding $10,000; and

in any other case, to a fine not exceeding $5,000.

the product or package is visible only to the extent that is necessary for it to be delivered to or from the machine; and

the form of its delivery complies with regulations made under section 81(13) that are in force.

permit an automatic vending machine that dispenses or is capable of dispensing regulated products to be located in a place to which members of the public have access; or

permit a regulated product to be sold by way of an automatic vending machine in a place to which members of the public have access.

no individual sale can occur unless the machine is activated by the person who would otherwise be in breach of that subsection (or an employee or agent of that person); and

the device used to activate the machine is permanently located in a place from which any person using it can see the person to whom the sale is to be made.

must display on the machine any health message required by or under this Act (even if the machine is accessible only by the person or their employees or agent); and

must display the health message in accordance with regulations.

offers for sale a regulated product by way of an automatic vending machine; and

fails, without reasonable excuse, to display on that machine any health message required by or under this Act.

must comply with the requirements in regulations that apply to that product; and

if sold or offered for sale,—

must comply with section 52 (which relates to messages and information); and

other than part of the package that is wrapping or lining, may display the brand or company name for the product, but only in accordance with regulations; and

must comply with regulations in all other respects.

a person who manufactures, distributes, sells, offers for sale, or otherwise supplies a regulated product knowing that the product contravenes section 50(1); or

a person who distributes, sells, offers for sale, or otherwise supplies a regulated product in a package knowing that the package contravenes section 50(2); or

a person who does the following knowing that a package for a regulated product contravenes section 50(2):

in the case of a manufacturer, an importer, or a distributor,—

in the case of a large retailer,—

in any other case,—

the product or package is intended for export; and

the product or package has not been sold or supplied at retail, or offered for retail sale, in New Zealand.

a message relating to—

if the product is intended for smoking, a list of the harmful constituents, and their respective quantities, present in its emissions:

whether as part of or in addition to any message about effects, a photograph or picture relating to—

information (prescribed by regulations for regulated products generally, or regulated products of a class to which the product belongs) relating to—

if the regulated product is intended for smoking, as much of the following information (stated, as regulations may require, by reference to the class of regulated product to which the product belongs, or to the product’s brand as a regulated product of any class or variant of a brand of a regulated product of any class) as regulations require:

cigarettes in a package that contains fewer than 20 cigarettes; or

loose tobacco in a package that contains less than 30 grams of loose tobacco; or

any other regulated product in a package that contains fewer than the number (if any) prescribed in regulations for that product.

in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or

in any other case, to a fine not exceeding $5,000.

contains, or generates in its emissions, a harmful constituent prohibited by regulations; or

contains, or generates in its emissions, harmful constituents in excess of any limits prescribed by regulations, as determined in accordance with any tests so prescribed.

a test for the constituents of each brand of the product sold by the manufacturer or importer, and the respective quantities of those constituents:

a test for the constituents of any emissions.

in accordance with regulations; and

in a laboratory nominated by the Director-General; but

at the expense in all respects of the manufacturer or importer.

fails to conduct any tests required under this section; or

fails to conduct those tests in accordance with regulations.

in the case of a body corporate, to a fine not exceeding $10,000; or

in any other case, to a fine not exceeding $5,000.

prescribing forms, certificates, notices, leaflets, signs, particulars, and notifications, and the persons by whom and the persons to whom any of them must be supplied:

prescribing records and registers for the purposes of this Act or any of its Parts, including—

prescribing criteria or a means for determining whether part of any premises or vehicle is an internal area for the purpose of paragraph (a) of the definition of internal area in section 2(1):

prescribing for the purposes of section 48—

for the purposes of the exemption in section 24(g), prescribing—

prescribing—

prescribing for the purposes of the exemption in section 24(a), any requirements with which a price list must comply:

prescribing for the purposes of the exemption in section 25(1)(a)(ii) (relating to retailers) requirements with which regulated product and price information under section 25(1)(a) must comply:

prescribing for the purposes of the exemption in section 25(1)(b)(ii) (relating to retailers) requirements with which a regulated product availability and locations notice under section 25(1)(b) must comply:

prescribing for the purposes of the exemption in section 25(3)(b) (relating to vending machines) requirements with which a regulated product and price notice under section 25(3) must comply:

prescribing for the purposes of the exemption in section 25(4)(c) (relating to Internet sales) requirements with which regulated product and price information under section 25(4) must comply:

prescribing for the purposes of section 27(3)(c) and (d) requirements relating to—

prescribing for the purposes of section 37(2) or 46(2)(b) acceptable forms of visible delivery in relation to a regulated product or package:

prescribing for the purposes of section 37(3) or 46(4) ways in which a class or classes of people who offer regulated products for sale may allow a regulated product or package to be visible:

prescribing for the purposes of section 38 requirements relating to point-of-sale health information or warnings:

requiring sales health information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including—

prescribing for the purposes of section 43(2)(b) requirements with which a notice for the public (to the effect that the sale of regulated products to people who are younger than 18 years is prohibited) under section 43(2) must comply:

requiring purchase age information or warnings to be visible on an Internet site of a person who offers regulated products for Internet sale (by retail or wholesale), including—

prescribing for the purposes of section 89 (and for the purposes of the procedure in section 21 of the Summary Proceedings Act 1957 as modified and applied by section 89) the form of infringement notices and reminder notices for infringement offences, and any other particulars to be contained in infringement notices and reminder notices:

for the purpose of regulating harmful constituents of tobacco products or herbal smoking products,—

specifying the class or classes of regulated products to which section 56 is to apply:

prescribing for the purposes of section 100—

prescribing for the purposes of section 2(2A) the way in which vaping products, heated tobacco products, or any packages of those products that bear the same brand name may differ in the products they contain:

providing, in relation to applications for approval to be a specialist vape retailer,—

for the purpose of section 14A(4), prescribing matters that must be considered by the Director-General when having regard to—

prescribing any other criteria that the Director-General must have regard to for the purpose of section 14A(4):

providing for any other related matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

different classes of people who offer regulated products for sale:

different classes of place of business:

different classes of points of sale:

different circumstances of the sales for which requirements are prescribed.

apply to specified classes of regulated products or packages or all regulated products or packages:

prescribe for different classes of people who offer regulated products for sale different acceptable forms of visible delivery of all or any regulated products and packages:

prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, using a prescribed acceptable form of visible delivery.

prescribe for different classes of people who offer regulated products for sale different ways of allowing a regulated product or package to be visible:

prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, allowing a regulated product or package to be visible in a way prescribed.

the health information or warnings to be communicated by them:

the shape and lengths of their sides:

the width, and other aspects of, the borders around their edges:

the typeface or font, point size, and other aspects of the format or layout, or of the clarity, legibility, and weight, of the printing on them of the health information or warnings to be communicated by them:

the minimum area that they must have for printing across:

any official attribution (which may, without limitation, be or include “Ministry of Health Warning”) that they are to contain, and the way in which that attribution is to be communicated by them.

the shape, and lengths, of the sides of that information or those warnings:

the width, and other aspects, of the borders around the edges of that information or those warnings:

the typeface or font, point size, and other aspects of the format or layout, or of the clarity and legibility, of all or any of the text of that information or those warnings:

the minimum area of that information or those warnings:

any official attribution (which may, without limitation, be or include “Ministry of Health Warning”) that that information is, or that those warnings are, to contain.

require the return to—

specify different requirements for different kinds or classes of regulated product.

prescribing for the purposes of section 50(1)(a) requirements, or options permitted, for all or any aspects of the appearance of a regulated product:

prescribing for the purposes of sections 50(1)(b)(ii) and 53(1)(c) the quantity or quantities in which a regulated product must be packaged:

prescribing for the purposes of section 52—

prescribing for the purposes of section 50(2)(b) requirements, or options permitted, for the display of the brand or company name on the package for a regulated product, including the circumstances and manner in which the name is to be displayed:

prescribing for the purposes of section 50(2)(c) requirements, or options permitted, for all or any other aspects of the appearance of the package for a regulated product.

require a regulated product, or the package for a regulated product, to be a prescribed size and shape:

prohibit a regulated product, or the package for a regulated product, from displaying any words or other marks unless they are permitted by section 50(2)(b) or the regulations:

specify types of words or other marks that are permitted to be displayed on a regulated product or the package for a regulated product (for example, bar codes or marks used to record manufacturing information or to detect legitimate products or packages):

specify requirements for the display of the permitted words or marks, including the circumstances and manner in which the words or marks are to be displayed (for example, the typeface or font, size, colour, and position of the words or marks):

prohibit any type of feature from forming part of a regulated product or its package (for example, any feature designed to promote the product by changing the appearance of the product or package after retail sale or by making a noise or smell).

may, for example, prescribe the number of cigarettes or the weight of loose regulated product that must be contained in a package; but

must not prescribe a quantity that does not comply with section 50(2).

requirements or options for all parts of a product or a package (for example, that all surfaces of a package must be a consistent drab brown colour with a matt finish):

separate requirements or options for different parts of a product or a package (for example, that any plastic or other wrapping must be consistently transparent, uncoloured, and unmarked):

separate requirements or options for—

anything that may affect a person’s senses; and

any aspect of design, such as shape, size, colour, texture, or material.

prescribing safety requirements for regulated products that are notifiable products:

specifying changes to the parts or components of a notifiable product for the purpose of the definition of significant change in section 67(2):

amending Part 1 of Schedule 2 (which lists the classes of flavours that may be contained in notifiable products sold by any retailer):

amending Part 2 of Schedule 2 (which lists the flavours and classes of flavours that must not be contained in any notifiable product):

specifying requirements that apply to retailers in relation to notifiable products that contain a flavour:

specifying how a notifier must describe a product and its parts when notifying it.

requiring the payment to the Director-General of fees—

prescribing the amounts of those fees and charges or the manner in which those fees are to be calculated.

the costs of the Director-General in performing or exercising the Director-General’s functions, powers, and duties under Part 4, where the size of the portion to be met by levies under that Part is determined by the Minister; and

the costs of collecting the levy money.

specify the class or classes of notifiers or retailers that are required to pay a levy:

specify the amount of levies, or method of calculating or ascertaining the amount of levies:

include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:

provide for refunds of any over-recovery of the actual costs:

provide for the payment and collection of levies:

provide different levies for different classes of notifiers or retailers:

specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:

for the first financial year to which a levy applies, include in a levy amount or method the costs relating to establishing the database and performing or exercising the functions, duties, and powers of the Director-General that relate to Part 4:

require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:

provide for waivers or refunds of the whole or any part of a levy for any case or class of cases.

be proceeded against for the alleged offence by the filing of a charging document under the Criminal Procedure Act 2011; or

be served with an infringement notice as provided for in section 89.

by delivering it personally or by post addressed to that person’s last known place of residence or business; and

regardless of whether the enforcement officer issued the infringement notice.

such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and

the amount of the infringement fee; and

the address of the place at which the infringement fee may be paid; and

the time within which the infringement fee must be paid; and

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

a statement that the person served with the notice has a right to request a hearing; and

a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and

any other particulars that may be prescribed.

employees of the Ministry of Health, a local authority under the Local Government Act 2002, or a District Health Board under the New Zealand Public Health and Disability Act 2000; or

employees or officers of some other person or body; or

officers designated under section 7A of the Health Act 1956; or

inspectors appointed under section 163 of the Health and Safety at Work Act 2015.

in the case of a named person, that the person is suitably qualified and trained:

in the case of the holder for the time being of a particular position, that holders of the position are likely to be suitably qualified and trained.

appoint people to enforce only some of the provisions of this Act:

appoint people to exercise only some of the powers given to enforcement officers under this Act (enforcement powers):

appoint people subject to limitations or restrictions on their exercise of enforcement powers.

the provisions of this Act that an enforcement officer is appointed to enforce (whether all or stated provisions); and

enforcement powers that the enforcement officer is appointed to exercise (whether all enforcement powers or stated powers); and

all limitations and restrictions on the enforcement officer’s exercise of enforcement powers.

this Act imposes duties, restrictions, or prohibitions in respect of places of a kind to which it belongs; or

there is carried out in it, regularly or from time to time, an activity in respect of which this Act imposes duties, restrictions, or prohibitions.

the officer believes on reasonable grounds that it is a place to which this section applies; and

it is not a dwelling house or other residential accommodation.

inspect the place, including any regulated products for sale at the place:

take photographs, videos, or other recordings with any device brought by the officer:

take samples of the air in the place with any device that the officer brings for that purpose:

if the officer believes on reasonable grounds that the place is a place where regulated products are sold from time to time,—

under authority given by or under an enactment other than this section; or

with the consent of an occupier.

regulated products have been sold to a person younger than 18 years in and from a place where regulated products are sold; or

regulated products have, after they are sold, been delivered to a person younger than 18 years in and from the place where they are sold; or

regulated products have been delivered to a person younger than 18 years after being sold at that place (where the regulated products were sold) or at another place.

require the person that the officer believes on reasonable grounds to have sold, delivered, or arranged for the delivery of the regulated product to, while the person is at the place where the regulated product was sold, give the officer their name and address; and

require the person who appears to be in charge of that place, or part of that place, to give the officer—

there is no other person in the place who appears to be in charge of the place; or

there is another person in the place who appears to be in charge of it, but the enforcement officer suspects that person is also younger than 18 years.

to suspect that an offence has been, is being, or will be committed against this Act; and

to believe that there is evidential material in the place.

finding out whether this Act is being complied with in and in respect of the place entered:

finding out the extent to which this Act is not being complied with in or in respect of the place entered:

exercising the powers given by section 97.

identify themselves as an enforcement officer to the person in charge; and

if asked by the person in charge to do so, produce to the person evidence of identity, their instrument of appointment as an enforcement officer, or both.

identify themselves as an enforcement officer to the person; and

if asked by the person to do so, produce to the person evidence of identity, their instrument of appointment as an enforcement officer, or both.

intentionally obstructs, hinders, or resists an enforcement officer exercising or attempting to exercise powers under section 93 or 94; or

intentionally fails to comply with a requirement under section 93; or

when required to give information by or under this Act, gives information that the person knows to be false or misleading.

prepare—

file the return and the report with the Director-General no later than 31 January.

prepare a return showing sales-related information required by regulations in respect of the regulated products or class of regulated products sold by the retailer; and

file the return with the Director-General no later than 31 January.

must take all practicable steps to ensure that all returns and reports received under this section are publicly available on an Internet site under the Director-General’s control; and

may publish or make publicly available in any other way all or any part of any such return or report.

in the case of a body corporate, to a fine not exceeding $10,000; or

in any other case, to a fine not exceeding $5,000.