Plain language law

New Zealand law explained for everyone

Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Sale of regulated products by way of automatic vending machines

46: Regulated product must not be visible from outside automatic vending machines

You could also call this:

"Products in vending machines must be hidden from view"

Illustration for Smokefree Environments and Regulated Products Act 1990

If you sell regulated products from an automatic vending machine, you must not let people see the products or their packages from outside the machine. You can see the product if it is being delivered, but only if it is necessary for delivery and if the delivery follows the rules made under section 81(1)(13). If you break this rule without a good reason, you can get a fine of up to $10,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS428479.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
Previous

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

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

Next

47: Automatic vending machines must not be located in public place, or

"No vending machines for certain products in public areas"

Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Sale of regulated products by way of automatic vending machines

46Regulated product must not be visible from outside automatic vending machines

  1. A person who offers a regulated product for sale by way of an automatic vending machine must not allow any part of the regulated product or its package to be visible from outside the machine.

  2. However, subsection (1) does not apply to a regulated product or package that is being delivered if—

  3. the product or package is visible only to the extent that is necessary for it to be delivered to or from the machine; and
    1. the form of its delivery complies with regulations made under section 81(1)(13) that are in force.

      1. A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable to a fine not exceeding $10,000.

      2. Subsection (1) does not apply to a regulated product or package that is visible in a way that complies with any relevant temporary transitional exemption regulations in force under section 81(1)(14).

      Notes
      • Section 46: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
      • Section 46 heading: amended, on , by section 17(1) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
      • Section 46(1): amended, on , by section 17(2) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
      • Section 46(2)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 46(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).