Smokefree Environments and Regulated Products Amendment Act 2024

JurisdictionNew Zealand
Act Number6
Record NumberLMS939036
Type of DocumentAct
Smokefree Environments and Regulated Products Amendment Act 2024
Contents
1 Title

This Act is the Smokefree Environments and Regulated Products Amendment Act 2024.

2 Commencement

This Act comes into force on the day after Royal assent.

3 Principal Act

This Act amends the Smokefree Environments and Regulated Products Act 1990.

Part 1
4 Section 2 amended (Interpretation)

In section 2(1), repeal the definitions of approved smoked tobacco retail premises, approved smoked tobacco retailer, entity, iwi-Māori partnership board, Māori Health Authority, and responsible person.

5 Section 3A replaced (Purposes of this Act)

Replace section 3A with:

3A Purposes of this Act

The purposes of this Act are, in general, as follows:

  1. to reduce the exposure of people who do not themselves smoke to any detrimental effect on their health caused by smoking by others; and
  1. to prevent the normalisation of vaping; and
  1. to reduce the appeal of regulated products to children and young people; and
  1. to minimise harm from regulated products, in particular to children and young people; and

to regulate and control the marketing, advertising, and promotion of regulated products (whether directly, including through the appearance of regulated products and packages, or through the sponsoring of other products, services, or events) in order to improve public health by—

  1. discouraging people, especially children and young people, from taking up smoking; and
  1. discouraging non-smokers, especially children and young people, from taking up vaping or using smokeless tobacco products; and
  1. encouraging people to stop smoking, vaping, or otherwise using regulated products; and
  1. discouraging people who have stopped smoking, vaping, or otherwise using regulated products from resuming smoking, vaping, or using regulated products; and
  1. to support smokers to switch to regulated products that are significantly less harmful than smoking; and
  1. to regulate the safety of regulated products; and
  1. to monitor and regulate the presence of the constituents of regulated products and their emissions; and
  1. to give effect to certain obligations and commitments that New Zealand has as a party to the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003.
6 Section 3AA amended (Guide to this Act)

Replace section 3AA(3) with:

Replace section 3AA(6) with:

In section 3AA(8)(b)(iii), replace product approval and notification decisions with notifiable product decisions.

7 Section 3AB amended (Te Tiriti o Waitangi (the Treaty of Waitangi))

Repeal section 3AB(a) to (c).

8 Part 1B heading amended

In the Part 1B heading, replace smoked tobacco and vaping products markets with vaping products market.

9 Subpart 1 of Part 1B repealed

Repeal subpart 1 of Part 1B.

10 Cross-heading above section 57A repealed

Repeal the cross-heading above section 57A.

11 Sections 57B to 57E repealed

Repeal sections 57B to 57E.

12 Section 57I repealed (Limits on nicotine for smoked tobacco products)

Repeal section 57I.

13 Section 81 amended (Regulations)

Repeal section 81(1)(20) to (21A) and the headings above section 81(1)(20) and (21A).

In section 81(1)(22)(i), replace approved smoked tobacco retailers, and specialist vape retailers with and retailers of regulated products.

Repeal section 81(22)(ia).

14 Section 82A repealed (Regulations for sale and distribution of smoked tobacco products)

Repeal section 82A.

15 Section 82B amended (Regulations relating to requirements for smoked tobacco products)

Repeal section 82B(1)(b) and (e).

In section 82B(2), replace subsection (1)(a), (c), or (e) with subsection (1)(a) or (c).

16 Section 85 amended (Regulations imposing fees)

Repeal section 85(1)(a)(vi) and (vii).

17 Section 86 amended (Regulations imposing levies)

Replace section 86(1) with:

In section 86(2)(b), replace Parts 1B and 3A with Part 1B.

18 Section 90A amended (Liability for action of employee)

Replace section 90A(1) with:

19 Section 90B amended (Burden of proof of reasonable excuse)

In section 90B, delete 20G(3), 20H(2), 20J(8), and 55(2), 57(6), 57C(8), 57D(8),.

In section 90B, replace 43(4) with 43(3).

20 Section 100 amended (Annual reporting requirements for manufacturers, importers, distributors, and retailers of regulated products)

Repeal section 100(2A).

21 Section 102 amended (Appeals against decision to suspend or cancel product approval or notification)

Replace section 102(1) with:

In section 102(2), delete holder of the approval or the.

22 Section 103 amended (Appeals committee)

In section 103(2), delete an approval of a smoked tobacco product or.

23 Section 105 repealed (Ministry must review certain provisions of Act)

Repeal section 105.

24 Schedule 1 amended

In Schedule 1, repeal clause 17.

In Schedule 1, repeal clause 18(1)(a) and (c) and (2).

Part 2
Part 1
25 Principal Act

This subpart amends the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022.

26 Section 2 amended (Commencement)

Repeal section 2(1) to (3).

In section 2(4), replace The rest of this Act with This Act.

27 Section 20 repealed (Subpart 7 heading in Part 2 amended)

Repeal section 20.

28 Section 21 amended (Section 40 amended (Sale and delivery of regulated product to people younger than 18 years prohibited))

Repeal section 21(1) and (2).

29 Sections 22 to 26 repealed

Repeal sections 22 to 26.

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