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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 by way of automatic vending machines

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

You could also call this:

"No vending machines for certain products in public areas"

Illustration for Smokefree Environments and Regulated Products Act 1990

You cannot put an automatic vending machine that sells regulated products in a public place. You are not allowed to sell regulated products from an automatic vending machine in a public place. This rule does not apply if the machine can only be used by someone who is allowed to sell the products and if the person buying the product can be seen by the seller.

If you break this rule without a good reason, you can get a fine of up to $2,000. A public place is defined in the same way as in section 2(1) of the Summary Offences Act 1981. If you use an automatic vending machine to sell a regulated product to someone else, you are considered to be part of that sale.

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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=LMS428480.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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46: Regulated product must not be visible from outside automatic vending machines, or

"Products in vending machines must be hidden from view"

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48: Automatic vending machines must display health messages required by or under this Act, or

"Vending machines selling certain products must show health warning messages."

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

47Automatic vending machines must not be located in public place

  1. A person must not—

  2. permit an automatic vending machine that dispenses or is capable of dispensing regulated products to be located in a public place; or
    1. permit a regulated product to be sold by way of an automatic vending machine in a public place.

      1. Subsection (1) does not apply to an automatic vending machine if—

      2. no individual sale can occur unless the machine is activated by the person who would otherwise be in breach of that subsection (or an employee or agent of that person); and
        1. the device used to activate the machine is permanently located—
          1. in a place that provides the person using it with a direct line of sight to the person to whom the sale is to be made; and
            1. close to the machine.

            2. For the purposes of this Act, a person who activates an automatic vending machine so that the sale of a regulated product to another person occurs is a party to that sale.

            3. A person who, without reasonable excuse, contravenes subsection (1)(a) or (b) commits an offence and is liable to a fine not exceeding $2,000.

            4. In this section, public place has the same meaning as in section 2(1) of the Summary Offences Act 1981.

            Notes
            • Section 47: replaced, on , by section 27 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).