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Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Offences - Infringement offences

87: Infringement offences

You could also call this:

"Breaking some smokefree rules can mean you get a fine, called an infringement offence, and have to pay a fee."

Illustration for Smokefree Environments and Regulated Products Act 1990

If you break certain rules in the Smokefree Environments and Regulated Products Act 1990, you might get an infringement offence. An infringement offence is when you do something against the rules in sections like 20FA, 20R, or 38. You will have to pay a fee, which is called an infringement fee.

The infringement fee is different for different rules. For some rules, like 38(3) or 39(3), the fee is $200. For other rules, like 34(4) or 36(5), the fee is $1,000 for manufacturers or importers, and $500 for others.

There are also different fees for other rules, like 20R(4) or 40(2). For 20R(4), the fee is $500. For 40(2), the fee is $2,000 for manufacturers or retailers, and $1,000 for others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428804.

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88: Commission of infringement offences, or

"What happens if you break a smokefree rule: going to court or getting a fine notice"

Part 5Regulations, enforcement, and other matters
Offences: Infringement offences

87Infringement offences

  1. In this subpart,—

    infringement fee,—

    1. in relation to an infringement offence against any of sections 38(3), 39(3), 42(2), 43(4), 44(4), 47(4), and 53(4) or section 41(2) (to the extent that it relates to regulated products other than tobacco products), means $200; and
      1. in relation to an infringement offence against any of sections 34(4), 36(5), 46(3), and 54(4) or section 41(2) (to the extent that it relates to tobacco products), means—
        1. $1,000, in the case of a manufacturer, an importer, or a distributor; or
          1. $500; and
          2. in relation to an infringement offence against section 20R(4) or 20S(4), means $500; and
            1. in relation to an infringement offence against section 20FA, 23(5), or 37(4), means $2,000; and
              1. in relation to an infringement offence against section 40(2), means—
                1. $2,000 in the case of a manufacturer, an importer, a distributor, or a retailer; or
                  1. $1,000 in any other case

                  infringement offence means an offence against any of sections 20FA(2), 20R(4), 20S(4), 23(5), 34(4), 36(5), 37(4), 38(3), 39(3), 40(2), 41(2), 42(2), 43(3),, 44(4), 46(3), 47(4), 53(4), and 54(4).

                  Notes
                  • Section 87: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                  • Section 87 infringement fee paragraph (a): amended, on , by section 49(1) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 87 infringement fee paragraph (b): amended, on , by section 23(1) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 87 infringement fee paragraph (b): amended, on , by section 23(2) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 87 infringement fee paragraph (b): amended, on , by section 49(2) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 87 infringement fee paragraph (c): inserted, on , by section 49(3) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 87 infringement fee paragraph (c): amended, on , by section 23(3) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 87 infringement fee paragraph (ca): inserted, on , by section 23(4) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 87 infringement fee paragraph (d): inserted, on , by section 23(5) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 87 infringement offence: amended, on , by section 23(6) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 87 infringement offence: amended, on , by section 23(7) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 87 infringement offence: amended, on , by section 49(4) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 87 infringement offence: amended, on , by section 49(5) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).