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Health Act 1956

Artificial UV tanning services - Ban on provision of services to persons under 18 years

114: Ban on providing artificial UV tanning services to persons under 18 years

You could also call this:

"No sunbeds for under 18s"

If you own or run a place that provides artificial UV tanning services, you must not let people under 18 years old use these services. You can get in trouble if you break this rule. If you do, you might have to pay a fine of up to $2,000 if you are an individual, or up to $10,000 if you are a company.

There is an exception to this rule if a doctor prescribes artificial UV tanning services for medical treatment at a hospital. In this case, it is okay to provide these services to people under 18 years old.

If you are charged with breaking this rule, you might be able to defend yourself if you can prove that the person using the services showed you a document that looked like proof of their age, and you believed they were 18 or older.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307987.

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Part 5Artificial UV tanning services
Ban on provision of services to persons under 18 years

114Ban on providing artificial UV tanning services to persons under 18 years

  1. This section applies to owners and operators of premises providing artificial UV tanning services.

  2. The owner or operator must not provide artificial UV tanning services to a person under the age of 18 years.

  3. A person who contravenes subsection (2) commits an offence and is liable on conviction,—

  4. in the case of an individual, to a fine not exceeding $2,000:
    1. in the case of a body corporate, to a fine not exceeding $10,000.

      1. Subsection (2) does not apply to a person who provides artificial UV tanning services to a person under the age of 18 years at a hospital if a medical practitioner prescribed the services for the purpose of medical treatment.

      2. It is a defence to a charge under subsection (2) if the defendant proves that,—

      3. before or at the time the artificial UV tanning services were provided, there was produced to the defendant a document purporting to be an approved evidence of age document; and
        1. the defendant believed on reasonable grounds that the document—
          1. was in fact an approved evidence of age document; and
            1. related to the person to whom the artificial UV tanning services were provided; and
              1. indicated that the person to whom artificial UV tanning services were provided was aged 18 years or over.

              Notes
              • Section 114: replaced, on , by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).