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Summary Offences Act 1981

Spraycans

14A: Sale of spraycans to people under 18 prohibited

You could also call this:

"Selling spraycans to people under 18 is not allowed"

Illustration for Summary Offences Act 1981

If you sell a spraycan to someone under 18 years old, you can get a fine of up to $1,500. You have a defence if you are a school board or a tertiary education provider and you sold the spraycan to a student for a school project. You also have a defence if someone shows you a document that proves they are 18 or older, such as a New Zealand passport, an overseas passport, or a driver licence issued under the Land Transport Act 1998, and you believe it is real.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1405210.

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14B: Access to spraycans in shops to be restricted, or

"Shops must keep spraycans out of reach to prevent kids taking them."

14ASale of spraycans to people under 18 prohibited

  1. A person who sells a spraycan to a person under the age of 18 years is liable to a fine not exceeding $1,500.

  2. In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer), it is a defence if the defendant proves that—

  3. the defendant is—
    1. a Board (within the meaning of section 10(1) of the Education and Training Act 2020), or an employee of a Board; or
      1. the governing body of a tertiary education provider (within the meaning of section 10(1) of the Education and Training Act 2020), or an employee of a tertiary education provider; and
      2. when the spraycan was sold, the buyer was enrolled at a school or institution managed by the Board or tertiary education provider; and
        1. the spraycan was sold to the buyer to enable him or her to undertake the work of his or her course at the school or institution, or to complete an assignment or project for the school or institution.

          1. In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer), it is a defence if the defendant proves that,—

          2. before or at the time of the sale of the spraycan, there was produced to the defendant a document purporting to be an evidence of age document; and
            1. the defendant believed on reasonable grounds that the document—
              1. was in fact an evidence of age document; and
                1. related to the buyer; and
                  1. indicated that the buyer was of or over the age of 18 years.

                  2. For the purposes of subsection (3), evidence of age document means a document that—

                  3. contains—
                    1. a photograph of the person to whom it is issued; and
                      1. information enabling the person's age to be determined; and
                      2. is—
                        1. a New Zealand passport; or
                          1. an overseas passport; or
                            1. a driver licence issued under the Land Transport Act 1998; or
                              1. a document of the kind described in section 2A(2)(d) of the Sale of Liquor Act 1989.

                              Notes
                              • Section 14A: inserted, on , by section 5(1) of the Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 (2008 No 43).
                              • Section 14A(2)(a)(i): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                              • Section 14A(2)(a)(ii): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).