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Resolution
number PKTPP/2023/42
MOVED by Deputy Chairperson F Lai, seconded by
Chairperson E Kumar:
That
the Puketāpapa Local Board:
a) tuhi ā-taipitopito / note the
urgent decision made on 8 March 2023 to provide feedback on the Smoked
Tobacco Regulatory Regime.
b) tuhi ā-taipitopito / note the feedback provided as follows:
i) note the relevance to the aspirations and efforts of
the Puketapapa Local Board, which has a focus on hearing community voices and
has adopted the "Healthy Puketapapa Action Plan" to promote and
build community advocacy and capability at all levels on alcohol,
tobacco and other drugs harm supply.
ii) request stronger protections from tobacco advertising
and sponsorship.
Regulatory
proposal 1a: Number of smoked tobacco retail premises and their distribution
across Aotearoa
iii) agree with
having a separate maximum number of smoked tobacco retail premises for each
area of Aotearoa.
iv) agree with
Ministry of Health (MOH) suggested allocation scenario, as described in Table
1 and note the Supplementary Maps - Indicative Allocation of Stores
Across NZ that Auckland (Tamaki Makaurau) has 13 number of stores so we can
achieve Smokefree Aotearoa and better health outcomes.
Regulatory
proposal 1b: Minimum requirements for approval as a smoked tobacco retailer
v) support the proposed requirements for a 'fit and
proper' person in Appendix 2 of the consultation document.
vi) support the minimum requirements MOH has proposed
for security systems, training, sales systems, delivery systems and other
business systems.
vii) support the idea
that applicants also demonstrate a supply chain for both current products and
low-nicotine products. Allow low-nicotine products to be placed in a
prominent place for easy access to prompt consumers to consider stepping down
from consuming their current level of nicotine containing products. This idea
would support achieving the Smokefree 2025 goal.
viii) request MOH to consider community and
youth centres as sensitive areas while considering allocating tobacco
retail premises.
ix) request MOH
to consider opening hours of tobacco retail premises as this will regulate
the number of hours tobacco could be sold each day, and these hours may be
reviewed as years go by since there will be fewer smokers in
Aotearoa by implementing the Government’s Smokefree Aotearoa 2025
Action Plan. This would align with the current management of other harmful
related substances such as alcohol licencing where its conditions have fixed
operating hours.
x) request MOH to consider retail premises to not have any
tobacco related advertisement, both internal and external of the shop.
xi) request MOH to consider having regular audits or
spot audits to ensure retail premises are adhering to rules and regulations.
Regulatory
proposal 1c: Approval processes and decision-making criteria
xii) agree with the
proposed application process outlined in this proposal as it was consulted
with the Police and it has criteria to distinguish between retail
applications in order to appoint suitable tobacco retailers.
xiii) note the importance of business-related criteria and
proximity and location are to be considered when assessing an application.
xiv) request MOH to consider implementations of how to
prevent the smokefree generation (those born on or after 1 January 2009) from
purchasing tobacco online as that might become a loophole for illegal sales.
xv) request MOH to consider only a limited
number of retail premises within Aotearoa to be able to operate online sales
and not limited to urban or rural areas since it is online sales, and it can
be couriered to many places around NZ. The online sales are to only be
couriered to places where retail outlet is inaccessible.
Regulatory
proposal 2: Low nicotine requirements
xvi) agree with the
proposal to allow the words 'very low nicotine' on qualifying smoked tobacco
products as this can be an option to consumers to cease smoking to help
reduce harm to their body.
Regulatory
proposal 3: Fees
xvii) agree to have MOH charge for the
proposed regulations specify fees.
xviii) agree with MOH cost-recovery
approach.
Regulatory
proposal 4: Notification requirements
xix) agree with the proposal
that distributors and general retailers be required to re-register annually.
Regulatory
proposal 5: Youth Vaping
xx) agree with the
proposal to restrict the flavour names of vaping products to minimise their
appeal to youth.
xxi) agree with the
proposal to extend product safety requirements for disposable vaping products
as these single-use products have several safety concerns, it also creates a lot
of waste to our environment.
xxii) agree with the proposal to
restrict where Specialist Vape Retailers can be located.
(1) Note that while vaping
products were intended as a smoking cessation tool, large and increasing
numbers of young people are experiencing vaping as a gateway to nicotine
addiction.
(2) Believe that youth should not
be exposed to smoking or vaping advertising of any sort.
(3) Seek that MOH consider the
maximum number of retailers within Tamaki Makaurau and Aotearoa.
(4) Seek that
proximity and location should avoid sensitive areas like the tobacco retail
premises.
CARRIED
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