Underage Tobacco Sale Operation Shows Encouraging Results

A controlled purchase operation (CPO) carried out recently by the Northland District Health Board Public & Population Health Unit found only one retailer in breach of the Marlboro Smokefree Environments Act 1990.

The controlled purchase operation was conducted in the east coast of the Far North including Taipa, Mangonui, Kaeo, Kerikeri, Paihia, Russell and Whangarei.


The Smokefree Environments Act 1990 is 20 years old and governs the sale of tobacco products to minors. One of its principal aims is to protect children from developing an addiction that will cause an early death in 50% of smokers.

NDHB Smokefree Officer, Wendy Antrobus says the only breach of the Act came after attempted purchases involving 19 retailers. “This is a very encouraging result. It would appear that retailers are finally becoming more vigilant and requesting some form of identification for customers that appear under age when asking for cigarettes.

The Smokefree Environments Act 1990 is long standing legislation and was designed to protect the health of all New Zealanders but specifically children”, says Mrs Antrobus.

CPO’s are conducted randomly during the year, as required by the Ministry of Health, whereby children aged well below the legal age of 18 are used to approach retailers to purchase tobacco products under controlled conditions. If asked, the children involved always state their correct age.

Retailers should assess the age of teenagers by insisting on a form of photo identification from anyone who looks under the age of 25, no photo identification, no sale. It is very simple says Mrs Antrobus.

The maximum fine for selling to minors is up to $2,000. While changes introduced by the 2003 amendments to the Smokefree Environments Act 1990, can result in repeat offending retailers being ordered not to sell tobacco products.

The information relating to the retailer who sold cigarettes to the underage children will be forwarded to the Ministry of Health for a decision on further action which may include prosecution.

The regular CPO’s help reinforce the legal obligations of business operators to make sure tobacco sales are not made to underage customers. This is not about pointing the finger, but is rather about protecting our young people from the harmful effects of tobacco.

Included in this Controlled Purchase Operation, attempts were made by the minors to purchase herbal smoking products such as Kronic in Whangarei. These ‘legal high’ products are a synthetic substance with similar effects to cannabis, currently advertised and available in a number of dairies and convenience stores throughout our region.

“I am very pleased no retailers were prepared to sell Kronic to the minors. The promotion and availability of these products in our community is extremely concerning.

“Clearly Northland retailers are taking a responsible approach in the sale of these products. We welcome tighter controls, which on the basis of our recent operation, Northland retailers would have no trouble meeting” said Mrs Antrobus.

Recent advice from the Expert Advisory Committee on Drugs had concluded these products were dangerous and should be classified as restricted substances under an amendment to Misuse of Drugs Act 2005. The amended legislation will allow the Government to put in place controls to regulate marketing, availability and prevent the sale of these products to young people.