Smokefree Environments and Regulated Products Act 1990

Regulated products that must be notified

73: Recall

You could also call this:

"When a product is not safe, the government can make the maker take it back."

If you make a product that must be notified, the Director-General can take action if they think it poses an unacceptable risk to people's safety. The Director-General can issue a public statement saying the product is not safe and can also require you to recall the product by written notice. You will have to arrange for the product to be recalled as instructed in the notice.

The notice can say when and how you must recall the product. You must tell the Director-General as soon as possible when you have recalled the product. If you do not recall the product without a good reason, you can be fined up to $400,000.

If the Director-General issues a public statement about your product, they are protected by qualified privilege, which is a legal term that means they cannot be sued for defamation if they are telling the truth or acting in good faith. The rules about recalling products are part of the Smokefree Environments and Regulated Products Act 1990, which was amended by the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428700.

Topics:

Health and wellbeing > Public healthBusiness > Industry rulesMoney and consumer rights > Consumer protection

72: Director-General may issue warning, or

"The government can warn people about a product that might be harmful."

74: Director-General may suspend product notification, or

"The boss can temporarily stop a product from being sold if it's thought to be harmful or doesn't follow the rules."

Part 4Regulated products that must be notified

73Recall

If the Director-General is satisfied, on reasonable grounds, that the continued availability of a notifiable product poses an unacceptable risk to people’s safety, the Director-General may—
issue a public statement to that effect; and
by written notice, require the notifier to arrange for the recall of the product.

The notice may specify when and how the notifier must comply with the notice.
The notifier must advise the Director-General as soon as practicable when the notice has been complied with.
A notifier who, without reasonable excuse, fails to comply with the notice commits an offence and is liable to a fine not exceeding $400,000.
A public statement issued under subsection (1) is protected by qualified privilege.

Notes

Section 73: inserted, on 11 November 2020, by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).