2Interpretation

1. In this Act, unless the context otherwise requires,—

   additive,—

   1. in relation to a tobacco product, means a substance forming part of the product that is not cured tobacco leaf; and includes—
      1. a substance forming part of the product that has been derived or refined from tobacco leaf (whether cured or not); and
      2. any wrapping forming part of the product that is not itself cured tobacco leaf; and
   2. in relation to a herbal smoking product, means a substance forming part of the product that is not dried, or dried and cured, vegetable matter; and includes—
      1. a substance forming part of the product that has been derived or refined from vegetable matter; and
      2. any wrapping forming part of the product that is not itself dried, or dried and cured, vegetable matter; and
   3. in relation to a vaping substance, means a substance that is not propylene glycol or vegetable glycerin

   aircraft has the same meaning as in section 5 of the Civil Aviation Act 2023

   approved evidence of age document has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

   approved Internet site means an Internet site to which a person’s approval as a specialist vape retailer applies

   approved vaping premises means premises to which a person’s approval as a specialist vape retailer applies

   automatic vending machine means any machine that,—

   1. on the insertion of a coin or token or by any other means, dispenses by way of sale regulated products, whether automatically or with the assistance of the purchaser; and
   2. does not require replenishment between each sale

   casino means a casino for which a casino venue licence is in force under section 122 or section 137 of the Gambling Act 2003

   casino operator's licence means a licence granted under section 130 of the Gambling Act 2003

   class 4 gambling venue licence means a class 4 venue licence within the meaning of section 4(1) of the Gambling Act 2003

   coastal cargo has the meaning given to it by section 198(6) of the Maritime Transport Act 1994

   company name includes any corporate name, firm name, or business name, whether or not it is registered or registrable under the Companies Act 1993 or any other enactment

   constituent means any thing that makes up, is present in, or is emitted from a regulated product

   craft means—

   1. an aircraft:
   2. a ship (as defined in section 2(1) of the Maritime Transport Act 1994)

   database means the database established under section 77

   dedicated room means an internal area in a hospital care institution, a residential disability care institution, or a rest home that is used solely to—

   1. enable patients or residents who smoke to smoke, or to socialise with each other in a place where smoking is permitted; or
   2. enable patients or residents who vape to vape, or to socialise with each other in a place where vaping is permitted

   Director-General means the Director-General of Health

   disposable vaping device means a vaping device that is not designed or intended to be reused, and includes a vaping device that—

   1. is not designed to be refilled by the user with a vaping substance or by using a pod, cartridge, or similar storage container; or
   2. is not designed to be recharged; or
   3. is described by both paragraphs (a) and (b)

   distributor means a person engaged in the business of selling regulated products otherwise than at retail only

   early childhood education and care centre has the meaning given to it by section 10(1) of the Education and Training Act 2020

   emissions means the smoke, vapour, or aerosol produced by the use of a regulated product, whether inhaled, exhaled, or otherwise

   employee means any person of any age employed under a contract of service by an employer to do any work for hire or reward

   employer—

   1. means a person who employs 1 or more employees; and
   2. includes a person who arranges for volunteers to undertake work

   enforcement officer means a person appointed under section 91

   flavour, in relation to a notifiable product, means a clearly noticeable smell or taste—

   1. resulting from an additive or a combination of additives; and
   2. that is noticeable before or during use of the product

   foreign ship means a ship that is not a New Zealand ship

   gambling has the meaning set out in section 4(1) of the Gambling Act 2003

   gambling area, in relation to a casino venue, means the area of the venue in which gambling is conducted

   general vape retailer means a retailer of vaping products, other than a specialist vape retailer

   heated tobacco product means a smokeless tobacco product that has a device that uses or facilitates the use of heat to aerosolise nicotine from tobacco leaf directly

   herbal smoking product means a product that—

   1. is or contains vegetable matter; and
   2. is intended to be smoked; but
   3. contains no tobacco

   hospital care institution has the meaning given to that term by section 58(4) of the Health and Disability Services (Safety) Act 2001

   internal area, in relation to any premises or vehicle,—

   1. means the area determined as an internal area in accordance with regulations made under section 81(1)(3); but
   2. if those regulations are not in force, means an area within or on the premises or vehicle that, when all its doors, windows, and other closeable openings are closed, is completely or substantially enclosed by—
      1. a ceiling, roof, or similar overhead surface; and
      2. walls, sides, screens, or other similar surfaces; and
      3. those openings

   internal flight means a flight—

   1. between any 2 or more places in New Zealand; or
   2. that commences from any place in New Zealand and is intended to terminate at that same place

   Internet sale, in relation to a regulated product, means a sale (whether by retail or wholesale) of the product pursuant to a contract that—

   1. has been entered into using the Internet between—
      1. a seller whose business is or includes offering the product for sale (whether by retail or wholesale); and
      2. a person (whether the purchaser or a person acting on the purchaser's behalf) who is at a distance from the seller's place of business; and
   2. contains a term providing for the product to be delivered by or on behalf of the seller to, or to a place or person chosen by, the purchaser

   large retailer, in relation to a person that is alleged to have committed an offence in a certain accounting period, means a retailer whose total turnover in the prior accounting period exceeded $50 million (as accounting period and turnover are defined by section 2(1) of the Commerce Act 1986, except that in those definitions body corporate is to be read as any retailer)

   licensed premises means any premises, or any part of any premises, on which alcohol is sold pursuant to a licence under the Sale and Supply of Alcohol Act 2012

   managers, in relation to a school, or premises to which section 7A(4) applies, means all the people who control and manage the school or premises, whether or not they have a proprietary interest in the school or premises

   manufacturer includes any company with which a manufacturer is associated within the meaning of subpart YB of the Income Tax Act 2007

   Minister means the Minister of Health

   Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

   New Zealand continental waters has the meaning given to it by section 222(1) of the Maritime Transport Act 1994

   New Zealand resident means—

   1. a New Zealand citizen:
   2. a permanent resident of New Zealand within the meaning of section 73 of the Electoral Act 1993:
   3. a company incorporated in New Zealand

   New Zealand ship has the meaning given to it by section 2(1) of the Ship Registration Act 1992

   notifiable product means—

   1. a vaping product; or
   2. a smokeless tobacco product; or
   3. a herbal smoking product; or
   4. any other regulated product (other than a smoked tobacco product) declared by regulations to be a notifiable product

   notifier means the manufacturer or importer of a notifiable product

   of the same kind,—

   1. in relation to tobacco products and herbal smoking products, means not differing in a manner stated in subsection (2):
   2. in relation to vaping products and heated tobacco products, means not differing in a manner stated in subsection (2A)

   office means a place in which any person is employed, directly or indirectly, to do any clerical work in connection with any business carried on by the occupier of that place

   open area, in relation to any premises, means a part of the premises that is not an internal area

   package means a pack, carton, wrapping, or other container in which a regulated product is sold at retail

   point of sale means a checkout, till, or cashbox where regulated products may be bought

   product request means a request (however expressed) made to a retailer by a person who has asked to purchase a specified, or any available, regulated product

   product safety requirements means safety requirements prescribed in regulations for a notifiable product

   prohibited flavour means a flavour or a class of flavour listed in Part 2 of Schedule 2

   prohibited substance means a substance declared under section 70 to be unsafe for use in a notifiable product

   public service—

   1. means any of the following public service agencies:
      1. a department:
      2. a departmental agency:
      3. an interdepartmental executive board:
      4. an interdepartmental venture; and
   2. includes a Crown agent

   publish means—

   1. insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or
   2. send to any person, by post or otherwise; or
   3. deliver to any person or leave upon premises in the occupation of any person; or
   4. broadcast within the meaning of the Broadcasting Act 1989; or
   5. include in any film or video recording; or
   6. include in any disk for use with a computer; or
   7. disseminate by means of any other electronic medium; or
   8. distribute by any means; or
   9. display by way of a sign, notice, poster, or other means; or
   10. bring to the notice of the public in New Zealand in any other manner

   registered school has the meaning given to it by section 10(1) of the Education and Training Act 2020

   regulated product means a tobacco product, vaping product, or herbal smoking product

   regulated product advertisement—

   1. means any words, whether written, printed, or spoken (including on film, video recording, or other medium, or broadcast or telecast), and any pictorial representation, design, or device, used to—
      1. encourage the use of a regulated product; or
      2. notify the availability of a regulated product; or
      3. promote the sale of a regulated product; or
      4. promote smoking or vaping behaviour; and
   2. includes—and advertising has a corresponding meaning
      1. any trade circular, any label, and any advertisement in any trade journal; and
      2. any depiction of a regulated product or a regulated product trade mark in a film, video recording, telecast, or other visual medium where in return for that depiction any money is paid, or any valuable thing is given, to any person; and
      3. the use of the company name of a regulated product manufacturer in any advertisement or promotion to the public where the company name or any part of it is used as, or is included in, a regulated product trade mark,—

   regulations means regulations made under this Act

   residential disability care institution has the meaning given to that term by section 58(4) of the Health and Disability Services (Safety) Act 2001

   rest home has the meaning given to it by section 58(4) of the Health and Disability Services (Safety) Act 2001

   restaurant means any premises, or any part of any premises, where the principal business is the selling of meals or refreshments to the general public for consumption on the premises, whether or not liquor is or may be sold on those premises or that part of those premises; and includes any room or area on a ship or train where meals or refreshments are provided for passengers to consume

   retailer means a person engaged in any business that includes the sale of regulated products at retail

   school premises means premises that are—

   1. a registered school; or
   2. facilities, grounds, structures, or other premises, controlled and managed by the managers of a registered school, and used principally for—
      1. the enjoyment, recreation, or relaxation of the young people attending the school; or
      2. cultural or sporting activities (or both) involving, or undertaken for the benefit of, the young people attending the school

   ship has the meaning given to it by section 2(1) of the Ship Registration Act 1992

   ship on demise charter to a New Zealand-based operator has the meaning given to it by section 4 of the Ship Registration Act 1992

   smoked tobacco product means a tobacco product that is intended to be used in a way that involves ignition or the combustion process

   smokeless tobacco product means a tobacco product that is intended to be used in a way that does not involve ignition or the combustion process

   smoking accessory means any article or substance that is used in conjunction with smoking, including cigarette papers, pipe cleaners, cigarette lighters, lighter fuel, and ashtrays; and includes the packaging, carton, wrapping, or other container in which smoking accessories are customarily sold at retail

   smoking cessation programme means a programme that is funded (whether wholly or partly and whether directly or indirectly) by a public service with the intention of encouraging smokers to stop smoking

   specialist vape retailer means a person who is approved by the Director-General as a specialist vape retailer under section 20P

   suitably qualified health worker means—

   1. a registered health practitioner; or
   2. a person who—
      1. has completed the Stop Smoking Practitioners Programme certified by the New Zealand Qualifications Authority (the programme); or
      2. is undertaking the programme and is being supervised by a person who has completed the programme; or
      3. is a peer support worker and is being supervised by a person who has completed the programme; or
   3. a person specified by the Director-General by notice in the Gazette for the purpose of the exemption in section 24(h) or 27(3)(e)

   taxi has the same meaning as in section 2(1) of the Land Transport Act 1998

   to smoke—

   1. means to smoke, hold, or otherwise have control over an ignited tobacco product, weed, or plant; and
   2. includes to smoke, hold, or otherwise have control over an ignited product or thing whose customary use is or includes the inhalation from it of the smoke produced from its combustion or the combustion of any part of it; but
   3. does not include to hold or have control over an ignited product or thing customarily used as incense

   to vape means to inhale using a vaping device or a heated tobacco product, and vaping has a corresponding meaning

   tobacco carton means a box, carton, pack, packet, pouch, tin, wrapping, or other package containing 2 or more tobacco packages

   tobacco package means a box, carton, pack, packet, pouch, tin, wrapping, or other package that—

   1. contains a tobacco product or products; but
   2. does not contain other tobacco packages within it

   tobacco product means any product manufactured from tobacco and intended for use by smoking, inhalation, or mastication; and includes nasal and oral snuff; but does not include any medicine (being a medicine in respect of which there is in force a consent or provisional consent given under section 20 or section 23 of the Medicines Act 1981) that is sold or supplied wholly or principally for use as an aid in giving up smoking

   toy regulated product means—

   1. a toy tobacco product; or
   2. an object that—
      1. looks like a vaping product or a heated tobacco product and can be used to simulate vaping; but
      2. cannot be used for vaping and has a primary purpose other than to help people to stop vaping

   toy tobacco product means an object that—

   1. looks like a tobacco product or a smoker's pipe, and can be used to simulate smoking; but
   2. cannot be smoked, is not confectionery, and has a primary purpose other than to help people stop smoking

   trade mark includes any trade mark whether or not it is registered or registrable as such under the Trade Marks Act 2002; and also includes—

   1. any brand name:
   2. any company name, where that name is used for advertising or promotional purposes:
   3. any name, word, or mark that so resembles any trade mark that it is likely to be taken as, or confused with, that trade mark

   vaping device means a device that—

   1. vaporises or aerosolises a substance or a mixture of substances by heating it for the purpose of inhalation through a mouthpiece; and
   2. is sold as a complete unit or to be assembled from individual components

   vaping product means any of the following:

   1. a vaping device:
   2. a vaping substance:
   3. any 1 or more components of a vaping device:
   4. a package containing 2 or more items described in any of paragraphs (a) to (c)

   vaping substance—

   1. means a substance or mixture of substances that is intended to be vaporised or aerosolised with a vaping device; but
   2. does not include a medicinal cannabis product within the meaning of regulation 4 of the Misuse of Drugs (Medicinal Cannabis) Regulations 2019 or a CBD product within the meaning of section 2A of the Misuse of Drugs Act 1975; and
   3. does not include a heated tobacco product

   variant means, as applicable,—

   1. sold in tobacco packages that are not of the same kind; or
   2. sold in packages of a herbal smoking product that are not of the same kind; or
   3. sold in packages of a vaping product that are not of the same kind; or
   4. sold in packages of a heated tobacco product that are not of the same kind

   volunteer means a person of any age who—

   1. performs for an employer, otherwise than for hire or reward, any work arranged by or on behalf of the employer; or
   2. performs for the master of a ship, otherwise than for hire or reward, any work arranged by or on behalf of the owner or master of the ship

   workplace, in relation to an employer,—

   1. means an area that is—
      1. an internal area, within or on a building or structure occupied by the employer, usually frequented by employees or volunteers during the course of their employment; or
      2. an internal area, within or on a ship (being a ship to which section 10 applies), an aircraft, or a train, owned, leased, or otherwise operated by the employer, usually frequented by employees or volunteers during the course of their employment; and
   2. includes a cafeteria, corridor, lift, lobby, stairwell, toilet, washroom, or other common internal area attached to, forming part of, or used in conjunction with a workplace within the meaning of paragraph (a); and
   3. includes an internal area within or on a vehicle that—
      1. is not an aircraft, a ship, or a train; but
      2. is provided by the employer and normally used by employees or volunteers; and
   4. includes an operating taxi; but
   5. does not include—
      1. a motel, or a bedroom or suite in a hotel; or
      2. a cabin or suite, for the time being assigned to a passenger or passengers, on a ship; or
      3. a sleeping compartment, for the time being assigned to a passenger or passengers, on a train; or
      4. a cabin, for the time being assigned to only 1 employee or volunteer, or to the master or owner, on a ship; or
      5. a sleeping compartment, for the time being assigned to only 1 employee or volunteer, on a train; or
      7. a dwellinghouse occupied by the employer.

2. For the purposes of paragraph (a) of the definition of of the same kind in subsection (1),—

3. tobacco packages, tobacco cartons, or packages of a herbal smoking product differ if they bear different brand names:
4. tobacco packages, tobacco cartons, or packages of a herbal smoking product differ if they bear the same brand name, but the products they contain differ in 1 or more of the following ways:
   1. containing or not containing menthol:
   2. being otherwise differently flavoured:
   3. producing different quantities of tar:
   4. allegedly differing in mildness:
   5. having or not having filter tips or cork tips:
   6. containing different numbers of pieces:
   7. containing pieces of different length or mass:
5. tobacco cartons differ if they are sold under the same brand name, but they contain different numbers of tobacco packages.

6. For the purposes of paragraph (b) of the definition of of the same kind in subsection (1), vaping products, heated tobacco products, or any packages of those products differ if they bear the same brand name, but the products they contain differ in 1 or more of the following ways:

7. containing differing levels of nicotine:
8. being otherwise differently flavoured:
9. having a different size, shape, or capacity:
10. containing different numbers of pieces:
11. being different in a way prescribed in regulations.

12. For the purposes of paragraph (e)(vii) of the definition of workplace in subsection (1), no part of a ship is capable of being a dwellinghouse occupied by an employer.

13. For the purposes of this Act,—

14. a vaping product that contains tobacco is not a tobacco product:
15. a vaping device is not a medical device within the meaning of the Medicines Act 1981:
16. a vaping substance is not a medicine within the meaning of the Medicines Act 1981.