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Smokefree Environments and Regulated Products Act 1990
Control of smoking products
Promotion and advertising
23: Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers

1Title and commencement 2Interpretation 3Act binds the Crown 3APurposes of this Act 3AAGuide to this Act 3ABTe Tiriti o Waitangi (the Treaty of Waitangi)3BTransitional, savings, and related provisions

Part 1:
Smoking and vaping prohibited in workplaces and public areas

4Purposes of this Part 5Smoking and vaping in workplaces prohibited 5AEmployer may permit smoking or vaping in vehicle with consent of users 6Dedicated rooms in hospital care institutions, residential disability care institutions, and rest homes 6ASmoking in prison cells 7Duties of employer 7ASmoking and vaping prohibited at schools and early childhood education and care centres 8Smoking and vaping prohibited on aircraft 9Smoking and vaping restricted in passenger service vehicles 10Application of Act to ships 11Smoking and vaping prohibited in certain travel premises 12Smoking and vaping on licensed premises 13Smoking and vaping in restaurants 13ASmoking and vaping in casinos 13BSmoking and vaping in certain gaming machine venues 14Specialist vape retailers and vaping in approved vaping premises exempt 14AApplication for approval as specialist vape retailer 15Complaints relating to smoking or vaping in workplace 16Complaints to Director-General 17Offences in respect of smoking and vaping 17APenalties 18Prosecution of offences 19Protection of persons acting under authority of Act 20Saving of powers to make bylaws 20AHealth and Safety at Work Act 2015 not affected

Part 1A:
Smoke-free motor vehicles carrying child occupants

20BPurpose of this Part 20CInterpretation for this Part 20DSmoking or vaping prohibited in motor vehicle carrying child occupant 20EConstable’s powers

Offences

20FOffences in respect of constables

Part 1AA:
Prohibition of disposable vaping devices

20FAProhibition of disposable vaping devices

Part 1B:
Regulation of entry into vaping products market

Approval as smoked tobacco retailer

20GSale of smoked tobacco products other than by approved smoked tobacco retailer prohibited 20HApplication for approval as smoked tobacco retailer 20IGrant of approval as smoked tobacco retailer 20JDirector-General may suspend approval 20KDirector-General may cancel approval 20LDirector-General to determine and publish application process 20MDirector-General must set maximum numbers of approved smoked tobacco retail premises 20NConsultation with Māori 20ODirector-General to ensure maximum numbers of approved smoked tobacco retail premises not exceeded

Approval as specialist vape retailer

20PApplication for approval as specialist vape retailer 20QConditions of approval granted under section 20P

Notification obligations

20RObligation of person selling notifiable products 20SObligation of distributor in respect of smoked tobacco products

Part 2:
Restrictions on advertising, promotion, sale, and distribution of regulated products

21Outline of this Part 22Purposes of this Part

Restrictions on advertising of regulated products and related communications

23Publishing regulated product advertisement prohibited 24Specified publications exempt from advertising prohibition 25Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances 26Liability of employees, employers, agents, and principals 27Prohibited oral communications

Restrictions on sponsorship and related activities

28Defined terms in this subpart 29Sponsoring activity involving use of trade mark, etc, of regulated product 30Sponsoring activity involving exclusive supply arrangement 31Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events 32Exemption for craft in emergencies

Prohibited ways of supplying and distributing regulated products

33Free distribution of regulated product prohibited 34Distribution and supply of regulated product with other product prohibited 35Arrangements conflicting with Act have no effect

Inducements and rewards involving regulated products prohibited

36Rewards involving regulated product prohibited

Visibility of regulated products

37Regulated product must not be visible from place of business

Information and warnings at point of sale and on Internet

38Point-of-sale health information or warning signs 39Internet-sales health information or warnings

Sale of regulated products and toy regulated products to people under 18 years

40Sale and delivery of regulated product to people younger than 18 years prohibited 41Supplying regulated product to people younger than 18 years prohibited 42Sale of toy regulated product to people younger than 18 years prohibited 43Point-of-sale purchase age information 44Internet-sales purchase age information or warnings 45Court may order certain repeat offenders not to sell regulated product

Sale of regulated products by way of automatic vending machines

46Regulated product must not be visible from outside automatic vending machines 47Automatic vending machines must not be located in public place 48Automatic vending machines must display health messages required by or under this Act

Part 2:
Control of smoking products

21Purpose of this Part

Part 2A:
Powers of enforcement officers

41APowers of entry and inspection 41BRequirement to give identifying information 41BASearch warrant 41CPurposes for which powers may be used 41DDuties of enforcement officers 41EOffences in respect of enforcement officers 41FEnforcement

Part 3:
Packaging and labelling of regulated products

49Purposes of this Part

Packaging and labelling requirements

50Standardised packaging of regulated products 51Offence in respect of standardised packaging of regulated products 52Messages and information required for regulated product package 53Restrictions on sale of certain regulated products in small quantities 54Restrictions on advertising, labelling, and sale of oral use products

Constituents of regulated products

55Limits on harmful constituents of tobacco products and herbal smoking products 56Annual testing for constituents of prescribed regulated products 57Director-General may require testing or further testing

Part 3:
Transitional provisions for certain amendments

42Transitional provisions for certain amendments

Part 3:
Health Sponsorship Council

42Meaning of sponsorship 43Council established 44Principal functions of Council 45Membership of Council 46Term of office of members of Council 47Meetings of Council 48Conflict of interest 49Council to appoint chief executive 50Other staff 51Council may appoint advisory and technical committees 52Council may co-opt specialist advice 53Remuneration and allowances for members of Council and committees 54Salaries, etc, to be paid out of funds of Council 55Powers of Council 56Council to provide alternative sponsorship 57Minister may give Council directions 58Council to submit annual budget and plans for Minister's approval 59Funds of Council 60Further provisions relating to funds 61Liability of Council and members 62Accounts 62ACrown entity 63Annual reports 64Ombudsmen Act 1975 amended 65Films Act 1983 amended

Part 3A:
Requirements for smoked tobacco products

Smoked tobacco products must be approved

57AInterpretation 57BSmoked tobacco products must be approved 57CApplication for approval for sale or import of smoked tobacco products 57DDirector-General may suspend approval or temporary approval 57EDirector-General may cancel approval or temporary approval

Constituents of smoked tobacco products

57FLimits on constituents of smoked tobacco products 57GAnnual testing for constituents of smoked tobacco products 57HDirector-General may require testing or further testing 57ILimits on nicotine for smoked tobacco products

Part 4:
Regulated products that must be notified

58Purpose of this Part 59Defined terms 60Notifier must not sell product unless it has been notified 61Notifier must be New Zealand resident or company registered in New Zealand 62Pre-notification requirements 63How to notify product 64When notification expires 65Obligations of retailers 66Obligation to notify adverse reaction 67When notifiable product must be renotified 68Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance 69Substances in notifiable product must not exceed maximum limits 69AAnnual testing for constituents of notifiable products 69BDirector-General may require testing or further testing of notifiable product 70Declaration of prohibited substance 71Director-General may require notifier to provide information about safety of notifiable product 72Director-General may issue warning 73Recall 74Director-General may suspend product notification 75Cancellation of product notification 76Appeals against decision to suspend or cancel product notification 77Establishment of database and confidentiality of certain information 78Technical advisory committee 79Appeals committee

Part 5:
Regulations, enforcement, and other matters

80Outline

Regulations

81Regulations 82Regulations under section 81 82ARegulations for sale and distribution of smoked tobacco products 82BRegulations relating to requirements for smoked tobacco products 83Regulations for standardised packaging (including messages and information)

Notifiable products

84Regulations relating to notifiable products 85Regulations imposing fees 86Regulations imposing levies

Offences

Infringement offences

87Infringement offences 88Commission of infringement offences 89Infringement notices 90Payment of infringement fees

Other offence provisions

90ALiability for action of employee 90BBurden of proof of reasonable excuse

Enforcement officers

91Appointment of enforcement officers 92Protection of people acting under authority of this Act 93Powers of entry and inspection 94Enforcement officer may require identifying information 95Search warrant 96Purposes for which powers may be used 97Duties of enforcement officers 98Offence to obstruct enforcement officers, intentionally fail to comply with section 93, or give false and misleading information 99Enforcement

Annual returns and reports

100Annual reporting requirements for manufacturers, importers, distributors, and retailers of regulated products 101Record-keeping requirements for regulated products

Appeals

102Appeals against decision to suspend or cancel product approval or notification 103Appeals committee

Direct access to information by government agencies

104Direct access to information by government agencies

Review of certain provisions of Act

105Ministry must review certain provisions of Act

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Notifiable product flavours

Smokefree Environments and Regulated Products Act 1990

Control of smoking products - Promotion and advertising

23: Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers

You could also call this:

"Rules about who can advertise smoking and vaping products"

You can find information about exemptions from advertising rules for retailers, vending machines, and Internet sellers in a part of the law called section 23. This section was part of the Smokefree Environments and Regulated Products Act 1990. It was repealed on 11 November 2020 by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020, which you can read more about on the legislation website.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM223989.

Topics:

Health and wellbeing > Public healthBusiness > Industry rules

22A: Exemptions from advertising prohibition for specified publications, or

"Some publications don't have to follow the rules about advertising certain products."

23A: Display of tobacco products in or from sales outlets or vending machines generally prohibited, or

"No tobacco signs or products can be shown in shops or vending machines."

Part 2Control of smoking products
Promotion and advertising

23Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers (Repealed)

Notes

Section 23: repealed, on 11 November 2020, by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).