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Smokefree Environments and Regulated Products Act 1990

Regulated products that must be notified

74: Director-General may suspend product notification

You could also call this:

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

The Director-General can stop a product notification for one month if they think the product is harmful to people. They can also stop it if they think the person who notified the product gave false information, or if they have new concerns about the product's safety. The Director-General can stop a product notification if they think it has a prohibited substance, or if it does not comply with the rules in the Smokefree Environments and Regulated Products Act 1990 or regulations. Before stopping a product notification, the Director-General must give the notifier a chance to say something. The Director-General can extend the stop for another month, and they can do this more than once. The Director-General must tell the notifier in writing that they are stopping the product notification and why they are doing it. Before the stop ends, the Director-General must decide whether to cancel or allow the product notification again, and they must tell the notifier their decision and why. If the Director-General cancels a product notification, the notifier must follow the rules in section 75(4). If the Director-General thinks the notifier gave false information in the product notification or in response to a requirement under section 71, they can stop the product notification.

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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=LMS428701.

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75: Cancellation of product notification, or

"Stopping a product from being sold because it's harmful or doesn't follow the rules"

Part 4Regulated products that must be notified

74Director-General may suspend product notification

  1. The Director-General may suspend a product notification of a notifiable product for 1 month if—

  2. the Director-General has reasonable grounds to believe that the continued availability of a notifiable product poses an unacceptable risk of harm to people; or
    1. the Director-General has reasonable grounds to believe the notifier has provided false, misleading, or incomplete information in the product notification or in response to a requirement under section 71; or
      1. the Director-General has reasonable grounds for concern because of new information about the safety of the product; or
        1. the Director-General has reasonable grounds to believe that the product contains a prohibited substance, a prohibited flavour, or a colouring substance, or contains a substance that exceeds any maximum limit; or
          1. the Director-General has reasonable grounds to believe that the product does not comply with any applicable requirements in this Act or regulations.

            1. Before suspending a product notification of a notifiable product, the Director-General must give the notifier a reasonable opportunity to be heard.

            2. The Director-General may extend the period of suspension—

            3. for a further month:
              1. more than once.

                1. The Director-General must tell the notifier in writing of the suspension and give reasons.

                2. Before the period of suspension ends, the Director-General must—

                3. decide whether to cancel or reinstate the product notification for the product; and
                  1. tell the notifier in writing of the decision and give reasons.

                    1. A cancellation or reinstatement takes effect immediately after the end of the period of suspension.

                    2. If a product notification of a notifiable product is cancelled, the notifier must comply with section 75(4).

                    Notes
                    • Section 74: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                    • Section 74(1)(e): inserted, on , by section 21 of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).