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Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Prohibited ways of supplying and distributing regulated products

35: Arrangements conflicting with Act have no effect

You could also call this:

"Breaking the law in a contract or agreement doesn't let you off the hook"

Illustration for Smokefree Environments and Regulated Products Act 1990

If you make an arrangement that goes against this Act, it has no effect. You might make an arrangement in a contract or agreement that limits or prevents you from following sections like section 33 or section 34. This means you cannot use that arrangement to get out of following the rules.

An arrangement can be a contract or any other kind of agreement. You can seek help under subpart 5 of Part 2 of the Contract and Commercial Law Act 2017 if you are part of an arrangement that goes against this Act. You can do this even if the arrangement is not a contract, and it is as if following the arrangement would be doing something illegal in a contract.

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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=LMS428457.

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34: Distribution and supply of regulated product with other product prohibited, or

"You can't sell or give away regulated products with other things as a bundle or package."

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36: Rewards involving regulated product prohibited, or

"No rewards for buying or selling certain products"

Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Prohibited ways of supplying and distributing regulated products

35Arrangements conflicting with Act have no effect

  1. A term has no effect if—

  2. it is expressed or implied in an arrangement of any kind in any form; and
    1. compliance with it would limit or prevent compliance with section 33 or 34.

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

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

      3. A party to the arrangement (or a person who is claiming through or under that party) may seek relief under subpart 5 of Part 2 of the Contract and Commercial Law Act 2017 (which applies with all necessary modifications),—

      4. regardless of whether the arrangement is a contract:
        1. as if compliance with the term were performance, in a way that gives rise to illegality, of a provision of a contract.

          Notes
          • Section 35: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).