Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Enforcement officers

99: Enforcement

You could also call this:

"Who makes sure people follow the Smokefree Environments and Regulated Products Act rules and what happens if they don't"

The Director-General is in charge of making sure people follow this Act. You can think of the Director-General like a boss who makes sure the rules are enforced. The Director-General or someone they choose can start a prosecution if someone breaks the rules in this Act.

If someone breaks the rules, the Director-General or someone they authorise can take them to court. The court case must be started by the Director-General or their chosen person.

When someone breaks the rules, there is a time limit for taking them to court, which is 12 months after the offence happened, as stated in the rules, despite what section 25 of the Criminal Procedure Act 2011 says.

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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=LMS428820.


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98: Offence to obstruct enforcement officers, intentionally fail to comply with section 93, or give false and misleading information, or

"Don't stop enforcement officers or give false information, or you can be fined up to $10,000."


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100: Annual reporting requirements for manufacturers, importers, distributors, and retailers of regulated products, or

"People who make or sell certain products must report sales and test results to the government each year."

Part 5Regulations, enforcement, and other matters
Enforcement officers

99Enforcement

  1. It is the Director-General's duty to enforce this Act.

  2. Every prosecution for an offence against this Act must be commenced by the Director-General or a person authorised by the Director-General.

  3. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the offence was committed.

Notes
  • Section 99: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).