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Why Going to the Beach in Summer and Not Getting a Real Fruit Ice-Cream is Illegal?

28 January 2025 | Mikayla Whalley
Real fruit icecream

Why Going to the Beach in Summer and Not Getting a Real Fruit Ice-Cream is Illegal?

(Sort of - not really, but it’s fun to think about.)

Is Skipping Real Fruit Ice Cream at the Beach Actually Illegal?

Okay, let’s clear this up: it is not actually illegal to skip the iconic real fruit ice cream while lounging at the beach. But if you are not indulging in this Kiwi classic, it might feel like you’re breaking some kind of ‘unwritten law.’ So, let’s dive into the legal side of things and explore why choosing real fruit ice cream at the beach is almost a mandatory summer tradition.

The Legal Framework: Fair Trading Act 1986

Here’s the deal. In New Zealand, our summer beach trips are pretty much synonymous with a classic Kiwi treat - real fruit ice cream. But did you know that there’s actually law in place that helps make sure this refreshing, fruity treat stays up to scratch?

The "real fruit ice cream" you see on beach side carts and at local ice cream shops is actually protected by Fair Trading Act 1986. For it to be called “real fruit,” the ice cream must genuinely contain a percentage of real fruit, and be made fresh, not from concentrate.

Now, here's where the illegal part comes in - if your real fruit ice cream doesn’t meet these criteria, then technically, the seller could be misrepresenting what you’re buying, and that’s restricted under 13 (a) of the Fair Trading Act.

So, in theory, the law is on your side to make sure the product you’re getting is exactly what it says on the label - fruit and ice cream, no shortcuts. So, if you’re chilling by the beach and you pick the delicious real fruit goodness, you're actually supporting food transparency and fair-trade practices.

A Kiwi Summer Tradition

But just to set the record straight - no one’s going to arrest you for choosing a plain cone over a real fruit option (though you might get a few side-eyes). It’s just that when you’re at the beach enjoying those summer vibes, why not follow the “law” of Kiwi summer tradition? After all, a real fruit ice cream is as much a part of summer here as the sun and surf.

So, next time you’re at the beach, remember choosing real fruit ice cream isn’t just delicious (and if you get the mixed berry flavour, may even tick off your 5+ a day) - it is, in essence, your right as a Kiwi. And, let’s face it, why miss out on the freshest, fruitiest, most delicious beach treat NZ has to offer?

Real people. Real solutions. Real fruit ice cream fans!

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Article by:

Mikayla Whalley

Law Clerk

Mikayla joined Godfreys Law in August 2024 as a Law Clerk. Mikayla is in her third year at the University of Canterbury studying a Bachelor of Laws.

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