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Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Restrictions on sponsorship and related activities

30: Sponsoring activity involving exclusive supply arrangement

You could also call this:

"No exclusive deals to sell regulated products at events"

If you make or sell products that the government regulates, you cannot pay for an event where you are the only one selling those products. This means you cannot have a special deal to be the only seller at an event. The deal can be a contract or a verbal agreement.

You also need to know that this rule does not change the Commerce Act 1986. If you break this rule without a good reason, you can get a fine. The fine amount depends on what you do and what product you sell.

If you make or import products, you can get a fine of up to $600,000. For some products, like vaping products, the fine can be up to $200,000. If you are a big retailer, the fine can be up to $200,000, or $70,000 for some products. For other cases, the fine can be up to $50,000, or $15,000 for some products.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428448.

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29: Sponsoring activity involving use of trade mark, etc, of regulated product, or

"No advertising products like vapes or tobacco through sponsored events using logos or brand names."

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31: Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events, or

"Don't put a regulated product's logo on other things that aren't related to that product"

Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Restrictions on sponsorship and related activities

30Sponsoring activity involving exclusive supply arrangement

  1. A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves an arrangement for the person to be the only person supplying regulated products at, or for the purposes of, some or all of the activity.

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

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

  4. This section is not subject to, and does not override, the Commerce Act 1986.

  5. A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable,—

  6. in the case of a manufacturer, an importer, or a distributor,—
    1. to a fine not exceeding $600,000; but
      1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
      2. in the case of a large retailer,—
        1. to a fine not exceeding $200,000; but
          1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
          2. in any other case,—
            1. to a fine not exceeding $50,000; but
              1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.

              Notes
              • Section 30: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).