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Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Enforcement officers

94: Enforcement officer may require identifying information

You could also call this:

"Enforcement officers can ask for ID and details if they think someone broke the smoking and vaping rules."

Illustration for Smokefree Environments and Regulated Products Act 1990

If you are an enforcement officer, you can ask for information at any time if you think someone under 18 years old has bought regulated products in the last 14 days. You can ask the person who sold the products to give you their name and address. You can also ask the person in charge of the place where the products were sold to give you information about the person who sold the products, such as their name, address, and date of birth. If the person in charge does not know this information, you can ask for any other information they might have about the person who sold the products. If you think the person who sold the products is under 18 years old, you cannot ask them for information unless there is no one else in charge of the place or the other person in charge is also under 18 years old. You also cannot ask someone under 18 years old who is in charge of a place to give you information about someone who is 18 years old or older who is at the place.

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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=LMS428813.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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Part 5Regulations, enforcement, and other matters
Enforcement officers

94Enforcement officer may require identifying information

  1. An enforcement officer may at any time require information under subsection (2) if the officer believes on reasonable grounds that within the previous 14 days—

  2. regulated products have been sold to a person younger than 18 years in and from a place where regulated products are sold; or
    1. regulated products have, after they are sold, been delivered to a person younger than 18 years in and from the place where they are sold; or
      1. regulated products have been delivered to a person younger than 18 years after being sold at that place (where the regulated products were sold) or at another place.

        1. The enforcement officer may—

        2. require the person that the officer believes on reasonable grounds to have sold, delivered, or arranged for the delivery of the regulated product to, while the person is at the place where the regulated product was sold, give the officer their name and address; and
          1. require the person who appears to be in charge of that place, or part of that place, to give the officer—
            1. the name, address, and, in the case of an individual, date of birth of the person described in paragraph (a); or
              1. if that information is not within the person’s knowledge, the name or any other identifying information within the person’s knowledge relating to the person described in paragraph (a).

              2. An enforcement officer who suspects that the person described in subsection (2)(a) is younger than 18 years must not require information under subsection (2)(a) unless—

              3. there is no other person in the place who appears to be in charge of the place; or
                1. there is another person in the place who appears to be in charge of it, but the enforcement officer suspects that person is also younger than 18 years.

                  1. An enforcement officer who suspects that the person in charge of the place is younger than 18 years must not require the person to provide information under subsection (2)(b) in relation to a person who is at the place and appears to be 18 years old or older.

                  Notes
                  • Section 94: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                  • Section 94(2)(b)(i): amended, on , by section 26 of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).