Where there’s smoke there’s fire: Tighter laws urged for vape and tobacco shops

Anti youth-vaping lobby Vape-Free Kids NZ is calling for laws to enable the closure of shops that continually breach tobacco and vaping regulations.

The call specifically targets slashing the number of tobacco and vaping outlets to improve enforcement, which Vape-Free Kids NZ (VFKNZ) advocates say has been shown to be pointless, based on recent cases. They include a Hastings shop’s offending over more than two years before a prosecution that ended in Hastings District Court on September 11. Fines totalling $8000 were imposed on an owner and employee for breaches of the regulations.

In Christchurch last month, a dairy operator, who had fled the country, was fined $56,000. Both cases involved allegations of selling cigarettes to minors and illegally selling single cigarettes to customers who used code or passwords at the counter to shield the nature of the offending.

Youth smoking and vaping issues arise in Parliament's Smoke-free Environments and Regulated Products Amendment Bill No 2, on which submissions close on Friday night. Photo / NZME

Submissions on the Smokefree Environments and Regulated Products Amendment Bill No 2, being considered by Parliament’s health select committee, were originally set to close at 11.59pm Friday, but have been extended for one week until October 4.

The Ministry of Health revealed last week that, of 600 retailers targeted in a controlled purchases operation to detect illegal sales of cigarettes and vapes and related offences, a record 64 (more than 10%) had received infringement notices, which carry a $500 penalty, for selling to minors.

Christchurch VFKNZ advocate Anna Stewart, who attended the court case involving the Christchurch dairy, said 14-year-olds were buying vapes in circumstances that showed the retailers were “well aware” what they were doing was illegal and why the regulations existed.

Vape-Free Kids, established last year by concerned mums, has bases in Auckland, Wellington and Christchurch and representatives in other areas, including Hawke’s Bay.

Stewart was not surprised when she read of the Hastings case involving a Discount Specialist outlet, because she was aware of how common offending had become, despite warnings and non-compliance notices being issued by the ministry through its public health units.

VFKNZ says there are now nearly 8000 outlets nationwide selling vapes with vulnerable youngsters a target. It wants the number reduced to no more than 600 so the sector can be adequately monitored.

“They know they can get away with it because there are not enough resources to enforce the regulations,” Stewart said.

“If it were alcohol, they could be shut down. So, why should this be any different?”

This story was updated on Saturday September 28 to acknowledge the extension of the submission period.