81Further defences

1. Subject to subsections (2) and (4), it shall be a good defence in a prosecution for selling or supplying any medicine or medical device contrary to any provision of this Act or any regulations made under this Act if the defendant proves—

2. that he purchased the article sold or supplied by him in reliance on a written warranty or other written statement as to the nature of the article purchased, signed by or on behalf of the person from whom the defendant purchased the article; and
3. that if the article had truly conformed to the warranty or statement, the sale or supply of the article by the defendant would not have constituted the offence charged against him; and
4. that he had no reason to believe or suspect that the article sold or supplied by him did not conform to the warranty or statement; and
5. that at the time of the commission of the alleged offence, the article was in the same state as it was when he purchased it.

6. No warranty or statement shall be any defence under this section unless—

7. it was given or made by or on behalf of a person resident in New Zealand or a company having a registered office in New Zealand or a firm having a place of business in New Zealand; and
8. the signature to the warranty or statement is written by hand; and
9. the defendant proves that at the time he received the warranty or statement he took reasonable steps to ascertain, and did in fact believe, that the signature was that of the person from whom he purchased the article, or, as the case may be, of some person purporting to sign on behalf of the person from whom the defendant purchased the article.

10. Subject to subsection (4), it shall be a good defence in a prosecution for selling or supplying any medicine or medical device contrary to any provision of this Act or of any regulations made under this Act if the defendant proves—

11. that he purchased the article sold or supplied by him in a container and sold or supplied in the same container and in the same condition as the article was in at the time when he purchased it; and
12. that he could not with reasonable diligence have ascertained that the sale or supply of the article would constitute the offence charged against him.

13. Neither subsection (1) nor subsection (3) shall apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a copy of the warranty or statement, if any, and a written notice to the effect that he intends to rely on it or on subsection (3), as the case may require, and specifying the name and address of the person from whom he received the warranty or statement or container, and has also, within the same time, sent by post a like notice of his intention to that person.

14. Where the defendant is an agent or employee of the person who purchased the article under such a warranty or statement or in such a container, he shall be entitled to the benefit of this section in the same manner and to the same extent as his principal or employer would have been if he had been the defendant.