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Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Inducements and rewards involving regulated products prohibited

36: Rewards involving regulated product prohibited

You could also call this:

"No rewards for buying or selling certain products"

Illustration for Smokefree Environments and Regulated Products Act 1990

You cannot offer gifts or cash to people who buy regulated products. You cannot give rewards to retailers for selling or advertising regulated products. There is an exception for people who buy regulated products to check if the rules are being followed, but they need to be authorised by the Director-General.

If you break these rules without a good reason, you can get a fine. The fine can be up to $10,000 for manufacturers, importers, or distributors, and up to $5,000 for others. You can find more information about the rules and fines in the Smokefree Environments and Regulated Products Act 1990.

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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=LMS428459.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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37: Regulated product must not be visible from place of business, or

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Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Inducements and rewards involving regulated products prohibited

36Rewards involving regulated product prohibited

  1. A person must not offer any gift or cash rebate, or the right to participate in any contest, lottery, or game, to—

  2. the purchaser of a regulated product in consideration for the purchase of that product; or
    1. any person in consideration for the provision of evidence of the purchase of a regulated product.

      1. A person must not offer to any retailer any gift or cash rebate, or the right to participate in any contest, lottery, or game, as an inducement or reward in relation to—

      2. the purchase or sale of regulated products by that retailer; or
        1. the advertising of regulated products inside that retailer’s place of business; or
          1. the location of regulated products in a particular part of that retailer's place of business.

            1. Subsections (1) and (2) do not apply in respect of any payment or reward to a person who—

            2. purchases or attempts to purchase a regulated product for the purpose of monitoring compliance with this Part; and
              1. is authorised—
                1. by the Director-General for that purpose; or
                  1. by a person authorised by the Director-General for that purpose.

                  2. Repealed

                  3. A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable,—

                  4. in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or
                    1. in any other case, to a fine not exceeding $5,000.

                      Notes
                      • Section 36: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 36(4): repealed, on , by section 14 of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).