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Medicines Act 1981

Medical advertisements

62: Regulations relating to advertisements

You could also call this:

"Rules for Advertising Medicines"

Illustration for Medicines Act 1981

The Governor-General can make rules about medical advertisements. You need to know what these rules are about. They are about what information should be in medical advertisements. The rules can say what information must be in medical advertisements. This includes information about side effects and how to use medicines safely. The rules can also say what cannot be in medical advertisements. The Minister can make decisions about medical advertisements after talking to groups that might be affected. The Minister can say what words must be in or left out of medical advertisements. You can appeal if you do not agree with the Minister's decision. The rules must be fair and balanced, and they must not ask for secret information. You can find more information about these rules in the Legislation Act 2019. The Minister's decisions are also part of the rules, and you can find more information about them in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56050.

Topics:
Health and wellbeing > Public healthHealth and wellbeing > Healthcare servicesMoney and consumer rights > Consumer protection
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Part 4Medical advertisements

62Regulations relating to advertisements

  1. Without limiting section 105 but subject to subsection (2), the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. requiring and regulating the insertion in any medical advertisement, or any particular class of medical advertisement, of such information or warning, or kind of information or warning, concerning any unwanted, incidental, or untoward effects of medicines of the description, or of medical devices of the kind, or of the method of treatment, advertised, and such statement or kind of statement of the precautions to be taken by any user of medicines of that description, or of medical devices of that kind, or of that method of treatment, as may be prescribed:
    1. prohibiting the advertising of any specified description of medicine, or kind of medical device, or method of treatment, or of any specified class of medicine, medical device, or method of treatment, in any medical advertisement, or a particular class of medical advertisement, and prohibiting, or requiring and regulating, the mention in any medical advertisement of such matters relating to the composition, properties, nomenclature, origin, and use of medicines of the description or medical devices of the kind or the method of treatment advertised, as may be prescribed:
      1. enabling the Minister to require, after consultation with such organisations as appear to him to represent any class or classes of persons whose interests might be affected by the requirement, the insertion of particular words specified by the Minister in, or the omission of particular words or other matter so specified from, any particular medical advertisement or class of medical advertisement, and to give directions with respect to the location, size, and appearance of any such insertion and with respect to other matters incidental thereto, and providing a right of appeal in respect of any such requirement or direction:
        1. generally regulating medical advertisements or any particular class of medical advertisements, or medical advertisements relating to medicines of a particular description, or to medical devices of a particular kind, or to a particular method of treatment, or relating to particular classes of medicines, medical devices, or methods of treatment.

          1. Any regulations made under subsection (1)(a)—

          2. shall be made only on the recommendation of the Minister after consultation with such organisations or bodies as the Minister considers likely to be substantially affected by the regulations; and
            1. shall be designed to achieve a fair and balanced indication of the potential effects of the medicine or medical device or method of treatment advertised; and
              1. shall not require the disclosure of information that may reasonably be regarded as confidential, or that cannot reasonably be expected to be in the possession of the person on whose behalf the advertisement is published, or the inclusion of which in the advertisement is otherwise impracticable.

                1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                2. If the regulations enable the Minister to make requirements or directions under subsection (1)(c),—

                3. those requirements or directions are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                  1. the regulations must contain a statement to that effect.

                    Compare
                    • 1969 No 7 s 46(1)(r), (s), (2)
                    Notes
                    • Section 62(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 62(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).