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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

45: Court may order certain repeat offenders not to sell regulated product

You could also call this:

"Courts can ban repeat offenders from selling certain products, like vaping items, for breaking the law."

If you break the law about selling certain products, like vaping products, more than once, the court can stop you from selling these products. The court can make this order when you are being sentenced for breaking the law again, or for not following a previous order. This order can stop you or your shop from selling certain products.

The court can also make an order that stops you from selling certain products at a specific shop. You might not be allowed to sell all regulated products, or just some types of them. The court can also add conditions or restrictions on how you sell these products.

The order will say when it starts and when it ends, and it can last from 4 weeks to 3 months. If you do not follow the order, you can get a fine of up to $5,000, or $10,000 if you are a company. You can find more information about the law that was amended by the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

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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=LMS428477.

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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

45Court may order certain repeat offenders not to sell regulated product

  1. In this section, a repeat offence means an offence against section 40(2) that a person has committed within 2 years of being convicted of—

  2. another offence against section 40(2); or
    1. an offence against section 30(1) of this Act before it was amended by the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

      1. When sentencing a person for a repeat offence or an offence against subsection (4), the court may (in addition to any sentence it might impose and any other order in the nature of a penalty it might make) make an order—

      2. prohibiting either or both of the following:
        1. the sale of regulated products by or on behalf of the person:
          1. the sale of regulated products at a shop at which the offence occurred; or
          2. prohibiting either or both of the following:
            1. the sale of regulated products of a stated kind by or on behalf of the person:
              1. the sale of regulated products of a stated kind in the place in which the offence occurred; or
              2. imposing any conditions or restrictions (or both) that it thinks fit on either or both of the following:
                1. the sale of regulated products by or on behalf of the person:
                  1. the sale of regulated products at a shop at which the offence occurred.

                  2. The order must state—

                  3. the date on which it takes effect (which may be the date on which it is made or a later date); and
                    1. the date on which it expires (which must be a date at least 4 weeks and no more than 3 months after the date on which it takes effect).

                      1. A person who fails to comply with an order under subsection (2) commits an offence and is liable,—

                      2. in the case of a body corporate, to a fine not exceeding $10,000; and
                        1. in any other case, to a fine not exceeding $5,000.

                          Notes
                          • Section 45: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).