Smokefree Law in New Zealand
Frequently asked questions

Part 2: Regulation of Smoking Products > Section E: Youth Access Restrictions (updated June 2005)

E1) What key changes are there to youth access to smoking products in New Zealand?

E2) Who is affected by the youth access restrictions?

E3) What may retailers not sell to people under 18?

E4) Why ban sales of herbal cigarettes to under 18s, when the product doesn't contain tobacco?

E5) How do retailers protect themselves against children claiming they are 18 or over?

E6) What can happen to retailers who repeatedly sell smoking products to people under 18?

E7) Can children under 18 be prosecuted for trying to buy cigarettes?

E8) Why should retailers be the only ones who are prosecuted, when adults buy cigarettes to give to young people?

E9) Are there exceptions to the ban on giving children cigarettes?

E10) What changes are there for cigarette vending machines?

E11) What else can retailers of smoking products be liable for?


E1) What key changes are there to youth access to smoking products in New Zealand?

The following changes occurred with the under-18 sale and supply of cigarettes to young people:

• from December 2003 the under-18 ban on the sale of cigarettes and tobacco products extended to toy cigarettes and herbal smoking products – retailers will have a defence if they sighted a photo ID proving the buyer is 18 years or over

• from 10 December 2003, the supply of tobacco or herbal smoking products in a public place, to under 18-year olds was prohibited. There are no exceptions as to who supplies the tobacco or herbal smoking product in a public place, therefore the prohibition covers not only retailers, but also includes friends, parents and relatives

• from December 2004 cigarette vending machines can only be operated by a staff member of the premises, by remote control (serving only people 18 years or over).

E2) Who is affected by the youth access restrictions?

The following people are affected:

• young people under 18

• tobacco sellers to youth - retailers

• vending machine operators - licensed premises

E3) What may retailers not sell to people under 18?

The sale of cigarettes or other tobacco products to people under 18 is prohibited, including any herbal smoking products, even if they do not have tobacco in them, and toy cigarettes.

The ban does not extend to confectionery cigarettes.

E4) Why ban sales of herbal cigarettes to under 18s, when the product doesn't contain tobacco?

A prohibition on the under-18 sale of herbal smoking products is consistent with the current ban on under-18 sale of tobacco smoking products. See F9 for the definition of ‘herbal smoking product’.

This does not affect the prohibitions against the use, possession, sale and supply of cannabis or any other herbal smoking product under the Misuse of Drugs Act 1975.

Herbal cigarettes are sometimes promoted as a ‘safe’ non-addictive alternative to tobacco because they do not contain nicotine. However, herbal cigarettes may contain similar levels to tobacco products of harmful substances such as carbon monoxide and tar, which may contribute to cancers and respiratory diseases.


E5) How do retailers protect themselves against children claiming they are 18 or over?

The Act provides a defence for retailers accused of underage selling if they can prove they saw an ‘evidence of age’ document indicating that the buyer was 18 years or older. Photo identification is based on the same definition as under the Sale of Liquor Act 1989 (eg, passport, HANZ card, or driver’s licence).

It is not a defence to claim that the young person was buying cigarettes on behalf of someone aged 18 or over (eg, “I’m buying them for my mother”).

Retailers should ask for photo ID before selling cigarettes and other smoking products to people whose age is not certain.

E6) What can happen to retailers who repeatedly sell smoking products to people under 18?

A person who has been convicted of selling tobacco products to a person under 18 at least twice within a two-year period may find themselves subject to a prohibition order.

The prohibition order prevents a person from selling tobacco products for up to three months.

A prohibition order may be made in addition to any other sentence (ie, a fine) that the court is able to impose. It will be up to the courts to decide whether or not to impose a prohibition order in each case.

A person who fails to comply with a prohibition order may be fined up to $4000 (individual) or $10,000 (body corporate).

E7) Can children under 18 be prosecuted for trying to buy cigarettes?

No.


E8) Why should retailers be the only ones who are prosecuted, when adults buy cigarettes to give to young people?

This is no longer the case. The smokefree law bans anyone, including parents, older siblings and friends, from giving cigarettes to a person under 18, in a public place.

The penalty for the supply of a tobacco or herbal smoking product to a person under 18 years in a public place is a fine of up to $2000.

E9) Are there exceptions to the ban on giving children cigarettes?

There is no exception for who gives a young person cigarettes in a public place. The prohibition includes friends, parents, and relatives. There is a fine of up to $2000 for doing so.

The offence is limited to people who supply children with cigarettes in a ‘public’ place, such as on the street, outside a dairy, in a park etc.

The Ministry of Health is not empowered to enforce this ban in people’s private homes. However, the ban will encourage adults and parents to encourage a smoke-free (auahi kore) lifestyle and be positive role models for young people.

E10) What changes are there for cigarette vending machines?

Vending machines are generally placed in licensed premises that sell liquor, so minors cannot access them. However, surveys and evidence indicate that under 18-year-olds are still able to access cigarettes from vending machines.

Access to vending machines is now restricted to staff on the premises. Member of the public (18 years and over) may buy cigarettes from the vending machine by asking an employee, who may use a remote controlled device.

Vending machines must also comply with any requirements for health messages to be displayed, even though the public may not have visual access to the machine.

E11) What else can retailers of smoking products be liable for?

There are further restrictions that apply to all retailers of tobacco products. These include:

the display of tobacco products at each ‘point of sale’ is limited to 100 packages and 40 cartons, unless the retailer’s place of business is a ‘tobacconist’s shop’.

A ‘point of sale’ means:

• a checkout where tobacco products may be bought, and

• includes a till or cashbox, whether part of a checkout or not.

• no tobacco product that is sold inside the premises being visible from the outside

• not more than two tobacco packages and two tobacco cartons of the same kind being exposed for sale at any point of sale

• limitations on the size of tobacco packages and cartons

• all tobacco products are to be further than 1 metre away from children’s products (including toys and confectionery) unless, because of the size of the premises, it is not reasonably practicable to do so

• no tobacco product being exposed for sale on any counter top or similar surface

• the display of a “Smoking Kills” sign at each point of sale where tobacco products are exposed for sale

• tobacco products cannot be packaged or sold with other products such as lighters, CDs and other items, at a single price. This is because of a concern that co-packaging of tobacco products with other products may induce young people to take up smoking.

View further information on tobacco displays and the regulation of smoking products .

Last updated 29 June 2005