Last updated: December 10, 2021
in relation to an organised activity, means to do all or any of the following:
(a) to organise or promote, before the activity is to take place, or during the time that it takes place, some or all of the activity:
(b) to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution towards some or all of the activity:
(c) to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution to a person—
(i) in respect of that person’s organisation or promotion of some or all of the activity; or
(ii) in respect of that person’s participation in some or all of the activity.
The definition of "sponsor” provided in the law is more limited than the definition of “tobacco sponsorship” contained in the FCTC because it applies to activities only.
To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and to aid in enforcement of the ban on sponsorship, the law should contain a definition of “tobacco sponsorship” in accordance with the definition provided in FCTC Art. 1(g).
Any form of contribution to any event, activity, or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use directly or indirectly. (FCTC Art. 1(g))
Tobacco Advertising and Promotion
“Regulated product advertisement”—
(a) means any words, whether written, printed, or spoken (including on film, video recording, or other medium, or broadcast or telecast), and any pictorial representation, design, or device, used to—
(i) encourage the use of a regulated product; or
(ii) notify the availability of a regulated product; or
(iii) promote the sale of a regulated product; or
(iv) promote smoking or vaping behaviour; and
(i) any trade circular, any label, and any advertisement in any trade journal; and
(ii) any depiction of a regulated product or a regulated product trade mark in a film, video recording, telecast, or other visual medium where in return for that depiction any money is paid, or any valuable thing is given, to any person; and
(iii) the use of the company name of a regulated product manufacturer in any advertisement or promotion to the public where the company name or any part of it is used as, or is included in, a regulated product trade mark,—
and advertising has a corresponding meaning.
The term “regulated product advertisement” contained in the law is narrower than the definition of “tobacco advertising and promotion” contained in the FCTC because it covers “advertising” but does not necessarily cover “promotion” of tobacco products. Specifically, the definition covers forms of communication and recommendations but does not necessarily cover “actions” with the aim or effect of promoting tobacco products. However, the law bans tobacco promotion through other substantive provisions and, therefore, this narrower definition does not impinge on the law's ability to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines.
Any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. (FCTC Art. 1(c))
“Tobacco product” means any product manufactured from tobacco and intended for use by smoking, inhalation, or mastication; and includes nasal and oral snuff; but does not include any medicine (being a medicine in respect of which there is in force a consent or provisional consent given under section 20 or section 23 of the Medicines Act 1981) that is sold or supplied wholly or principally for use as an aid in giving up smoking.
The definition of “tobacco product” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
(a) insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or
(b) send to any person, by post or otherwise; or
(c) deliver to any person or leave upon premises in the occupation of any person; or
(d) broadcast within the meaning of the Broadcasting Act 1989; or
(e) include in any film or video recording; or
(f) include in any disk for use with a computer; or
(g) disseminate by means of any other electronic medium; or
(h) distribute by any means; or
(ha) display by way of a sign, notice, poster, or other means; or
(i) bring to the notice of the public in New Zealand in any other manner.
This broad definition of “publish” is significant because the law prohibits publishing or arranging for publishing of tobacco advertisements.
Point of Sale
“Point of sale” means a checkout, till, or cashbox where regulated products may be bought.
The definition of “point of sale” is significant because the law contains restrictions on tobacco product display at points of sale and prohibits display within other parts of a retail establishment that sells tobacco.
“Trade mark” includes any trade mark whether or not it is registered or registrable as such under the Trade Marks Act 2002; and also includes—
(a) any brand name:
(b) any company name, where that name is used for advertising or promotional purposes:
(c) any name, word, or mark that so resembles any trade mark that it is likely to be taken as, or confused with, that trade mark.
The definition of “trade mark” is significant because the law prohibits the use of a tobacco trademark for the purpose of advertising any service, activity, event, scholarship, fellowship, or educational benefit; and prohibits financial contributions to events, activities and individuals where the activity uses a tobacco trademark or company name. This functions as a tobacco sponsorship prohibition.
"Regulated product" means a tobacco product, vaping product, or herbal smoking product.
The definition of "regulated product" is significant because it includes tobacco products; therefore, provisions such as restrictions on advertising applying to regulated product advertisements apply to tobacco product advertisements.