Your responsibilities as a retailer
Most of the graffiti in Manukau is created by junior offenders using spray paint cans.
As a retailer selling spray paint cans, you must comply with the law and inform your staff about the following legal requirements:
- You must not sell spray paint cans to people under the age of 18 years under any circumstances, even if the sale is for, or claimed to be for, an adult
- Sight specified evidence of age documentation, such as driver licence or passport before selling spray paint cans, unless they are satisfied the person is over 18 years of age
- Inform each employee that if they disregard the instructions above, and sell spray paint to a person less than 18 years of age, they will be committing an offence under section 14A of the Summary Offences Act 1981, and be personally liable for a fine of up to $1500
- Restrict customers’ access to spray paint cans in your shop.
It is also highly recommended that you:
- Obtain written acknowledgement from each employee that they have received the above instructions and warning
- Display appropriate signage in your shop that communicates the law to customers.
You can obtain additional signage imagery and information from the Ministry of Justice at
http://www.justice.govt.nz/policy-and-consultation/crime-prevention.
Your responsibilities as an employee
As an employee of a shop that sells spray paint cans, your responsibilities are:
- Don’t sell spray paint cans to people under 18 years of age, even if the sale is for, or claimed to be for, an adult, a school project or work
- Sight specified evidence of age documentation for a person before selling spray paint cans to that person, unless you are satisfied the person is over 18 years of age
- Be aware that if you sell spray paint cans to a person under 18 years of age, you will be committing an offence under section 14A of the Summary Offences Act 1981, and be personally liable for a fine of up to $1500.
It is also highly recommended that you give written acknowledgement to your employer that you have received the above instructions and warning.
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