Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

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Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill
Coat of arms of New Zealand.svg
New Zealand Parliament
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Legislative history
Introduced byAyesha Verrall[1]
First reading27 July 2022[1]

The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill is a proposed Act of Parliament in the New Zealand Parliament that seeks to combat smoking by limiting the number of retailers allowed to sell smoked tobacco products; ban the sale of smoked tobacco products to anyone born on or after 1 January 2009; and to discourage the consumption of smoked tobacco products.[1]

Key provisions

The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill amends the Smokefree Environments and Regulated Products Act 1990 by making three changes:

  1. Reducing the number of retail outlets allowed to sell smoked tobacco products.
  2. Reducing the amount of nicotine allowed in smoked tobacco products.
  3. Prohibiting the sale of tobacco products to anyone born on or after 1 January 2009.[2][3]

Key provisions include:

  • Prohibiting smoking and vaping in workplaces, certain public enclosed areas, registered schools, early childhood education and care centres, and vehicles carrying children.[4]
  • Restricting the sale of smoked tobacco products to approved smoked tobacco retailers, who must apply to the Director-General of Health. Violators are subject to a maximum fine of NZ$400,000.[4]
  • Specialist vape retailers must apply to the Director-General for approval.[4]
  • General vape retailers must inform the Director-General that they are selling vaping products.[4]
  • Prohibiting the sale and delivery of smoked tobacco products to anyone born on and after 1 January 2009 (the "smokefree generation"). Violators are subject to fine not exceeding NZ$150,000.[4]
  • Prohibiting the supply of smoked tobacco products to the "smokefree generation."[4]
  • Internet sites selling smoked tobacco products must display health and prohibition warnings.[4]
  • Automatic vending machines selling smoked tobacco products must not be located in a public space.[4]
  • Empowers the Minister of Health to prescribe the amount of nicotine allowed in smoked tobacco products.[4]

History

Background

On 9 December 2021, Associate Health Minister Dr. Ayesha Verrall confirmed that the New Zealand Government would seek to fulfill the Smokefree 2025 goal by introducing new legislation banning anyone under the age of 14 from legally purchasing tobacco for the rest of their lives. Older generations will only be permitted to buy tobacco products with very low-levels of nicotine while fewer retailers will be allowed to sell tobacco products. The Government's announcement was welcomed by the Green Party and several health experts including New Zealand Medical Association chair Dr Alistair Humphrey, Health Coalition Aotearoa smokefree expert advisory group chair Sally Liggins, and University of Auckland Associate Dean of Pacific Collin Tukuitonga, who stated that it would deal with the health effects of smoking on the public including the Māori and Pasifika communities. By contrast, the opposition ACT Party's health spokesperson Karen Chhour criticised the proposed law, arguing that prohibition did not work and would create a black market for tobacco products.[5][6]

First reading

The Bill passed its first reading on 27 July 2022 by a margin of 109 to 10 votes. While the bill was supported by the governing Labour Party, the allied Green Party, the opposition National, and Māori parties, it was opposed by the libertarian ACT Party.[2][7] Supporters of the bill including its sponsor Dr Verrall, fellow Labour Members of Parliament (MPs) Dr. Tangi Utikere, and Tracey McLellan, argued that it would address the harmful impact of smoking on the public particularly the Māori community.[2]

National Party MPs of including Dr Shane Reti, Matt Doocey, Simon Watts, and Michael Woodhouse expressed support for the Bill's goal to combat the health effects of smoking but expressed concerned about its experimental nature and enforceability. Green MP Chlöe Swarbrick and Māori Party co-leader Debbie Ngarewa-Packer supported the bill's efforts to limit the availability of tobacco products but questioned the effectiveness of reducing nicotine content and prohibition respectively. The ACT Party's deputy-leader Brooke van Velden opposed the bill on the grounds that it limited individual rights and argued that measures to limit smoking could increasing organised crime.[2][7]

Notes and references

  1. 1.0 1.1 1.2 Cite error: Invalid <ref> tag; no text was provided for refs named Parliament
  2. 2.0 2.1 2.2 2.3 "Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill — First Reading". 26 July 2022. Archived from the original on 26 July 2022. Retrieved 2 August 2022.
  3. Verrall, Ayesha (26 July 2022). "New legislation puts New Zealand on a path to a Smokefree future". Beehive.govt.nz. New Zealand Government. Archived from the original on 29 July 2022. Retrieved 29 July 2022.
  4. 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Script error: No such module "Template wrapper". This article incorporates text available under the CC BY 4.0 license.
  5. Witton, Bridie (9 December 2021). "Government to ban tobacco sales to young people for their lifetime in first-ever 'smokefree generation'". Stuff. Archived from the original on 9 December 2021. Retrieved 9 December 2021.
  6. Bruno, Gus (9 December 2021). "New Zealand's government announces bold new Smokefree 2025 Action Plan to BAN young people smoking across the country". Seven News. Seven Network. Archived from the original on 9 December 2021. Retrieved 9 December 2021.
  7. 7.0 7.1 McClure, Tess (27 July 2022). "New Zealand moves ahead with world-first tobacco laws in bid to create smoke-free generation". The Guardian. Archived from the original on 28 July 2022. Retrieved 29 July 2022.

External links