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Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Sale of regulated products and toy regulated products to people under 18 years

40: Sale and delivery of regulated product to people younger than 18 years prohibited

You could also call this:

"It's illegal to sell or deliver certain products to people under 18 years old."

Illustration for Smokefree Environments and Regulated Products Act 1990

You must not sell regulated products to people younger than 18 years. You also must not deliver regulated products to people younger than 18 years, even if you sold them to someone else. If you break this rule, you can get a fine.

If you are a company, the fine can be up to $100,000. If you are not a company, the fine can be up to $10,000. You can say it was not your fault if you did not know about the sale and you tried to stop it.

If you sell a regulated product to someone, you need to check their age. You can do this by looking at a document that shows their age, like a driver's licence. You cannot just take their word for it.

It does not matter if the person under 18 is buying the product for someone else who is older. You still cannot sell or deliver the product to them.

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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=LMS428470.

Topics:
Crime and justice > Criminal lawHealth and wellbeing > Public health
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41: Supplying regulated product to people younger than 18 years prohibited, or

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

  1. A person—

  2. must not sell a regulated product to a person younger than 18 years; or
    1. having sold a regulated product to a person of any age, must not deliver it, or arrange for it to be delivered, to a person younger than 18 years.

      1. A person who contravenes subsection (1)(a) or (b) commits an offence and is liable,—

      2. in the case of a body corporate, to a fine not exceeding $100,000; and
        1. in any other case, to a fine not exceeding $10,000.

          1. It is a defence to a charge under subsection (2) if the person charged proves that—

          2. the contravention occurred without the person’s knowledge; and
            1. the person took reasonable precautions and exercised due diligence to prevent the contravention.

              1. A person charged with contravening subsection (1)(a) satisfies the requirements of subsection (3)(a) and (b) if the person proves that they have sighted an evidence of age document of the person to whom the product was sold that indicated that the person was of or over the age of 18 years.

              2. A person charged with contravening subsection (1)(a) does not satisfy the requirements of subsection (3)(a) and (b) if the person relies solely on a statement (given orally or in written form) from the person to whom the product was sold that indicated that the person was of or over the age of 18 years.

              3. Subsection (4) does not affect the generality of subsection (3).

              4. It is not a defence to a charge under subsection (2)—

              5. that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or
                1. that the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.

                  1. Repealed

                  2. Repealed
                  Notes
                  • Section 40: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                  • Section 40(2)(a): amended, on , by section 16(1) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 40(2)(b): amended, on , by section 16(2) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 40(4A): inserted, on , by section 21(3) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 40(7): repealed, on , by section 21(4) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 40(8): repealed, on , by section 21(4) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).