Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Regulations

83: Regulations for standardised packaging (including messages and information)

You could also call this:

"Rules for how cigarette packets and other products look and what information they must show"

The Governor-General can make rules about how products like cigarettes are packaged. You will see rules about what the package looks like and what information is on it. The rules can say what the package must look like, including its size and shape.

The rules can also say what information must be on the package, like messages about the product. You might see pictures or photographs on the package to show what can happen if you use the product. The rules can say how this information is displayed on the package.

The Governor-General can make rules about how much of a product is in a package. For example, the rules can say how many cigarettes are in a pack. The rules must follow other laws, like section 50(2).

The rules can say what the package looks like, including its colour and texture. You might see rules about what words or marks can be on the package. The rules can say how these words or marks are displayed, like what font or colour to use.

When we talk about the "appearance" of a package, we mean anything that you can see, touch, or smell. This includes the shape, size, colour, and material of the package. You can learn more about how these rules are made by looking at the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428794.


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82B: Regulations relating to requirements for smoked tobacco products, or

"Rules about making smoked tobacco products safer"


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84: Regulations relating to notifiable products, or

"Rules about products that can harm people, like what's safe and what flavours are allowed"

Part 5Regulations, enforcement, and other matters
Regulations

83Regulations for standardised packaging (including messages and information)

  1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing for the purposes of section 50(1)(a) requirements, or options permitted, for all or any aspects of the appearance of a regulated product:
    1. prescribing for the purposes of sections 50(1)(b)(ii) and 53(1)(c) the quantity or quantities in which a regulated product must be packaged:
      1. prescribing for the purposes of section 52
        1. the form, size, and content of messages and information to be displayed with, on, or in the package for a regulated product:
          1. the photographs and pictures to be displayed as part of or in addition to messages about effects relating to a regulated product:
            1. the circumstances and manner in which the messages, information, photographs, and pictures must be displayed:
              1. the constituents in a smoked tobacco product or its emissions that must be listed:
              2. prescribing for the purposes of section 50(2)(b) requirements, or options permitted, for the display of the brand or company name on the package for a regulated product, including the circumstances and manner in which the name is to be displayed:
                1. prescribing for the purposes of section 50(2)(c) requirements, or options permitted, for all or any other aspects of the appearance of the package for a regulated product.
                  1. Regulations under subsection (1)(a) or (e) may (without limitation) do all or any of the following:

                  2. require a regulated product, or the package for a regulated product, to be a prescribed size and shape:
                    1. prohibit a regulated product, or the package for a regulated product, from displaying any words or other marks unless they are permitted by section 50(2)(b) or the regulations:
                      1. specify types of words or other marks that are permitted to be displayed on a regulated product or the package for a regulated product (for example, bar codes or marks used to record manufacturing information or to detect legitimate products or packages):
                        1. specify requirements for the display of the permitted words or marks, including the circumstances and manner in which the words or marks are to be displayed (for example, the typeface or font, size, colour, and position of the words or marks):
                          1. prohibit any type of feature from forming part of a regulated product or its package (for example, any feature designed to promote the product by changing the appearance of the product or package after retail sale or by making a noise or smell).
                            1. Regulations under subsection (1)(b)—

                            2. may, for example, prescribe the number of cigarettes or the weight of loose regulated product that must be contained in a package; but
                              1. must not prescribe a quantity that does not comply with section 50(2).
                                1. Regulations under subsection (1) may (without limitation) prescribe—

                                2. requirements or options for all parts of a product or a package (for example, that all surfaces of a package must be a consistent drab brown colour with a matt finish):
                                  1. separate requirements or options for different parts of a product or a package (for example, that any plastic or other wrapping must be consistently transparent, uncoloured, and unmarked):
                                    1. separate requirements or options for—
                                      1. different classes of regulated product:
                                        1. the packages for different classes of regulated product.
                                        2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                        3. In this section, appearance includes—

                                        4. anything that may affect a person's senses; and
                                          1. any aspect of design, such as shape, size, colour, texture, or material.
                                            Notes
                                            • Section 83: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                                            • Section 83(1)(c)(iv): inserted, on , by section 43 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                                            • Section 83(4A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).