Smoking bill: Foodstuffs, Z Energy oppose immediate limit of number of tobacco retailers

An amendment bill aimed at preventing anyone under the age of 14 from buying tobacco products was discussed in select committee on Wednesday. Photo / 123rf.com

Foodstuffs NZ and Z Energy are lobbying the Government to drop a proposed immediate limit to the number of retailers able to sell tobacco products in an amendment bill deemed world-leading smoking legislation.

But the Cancer Society NZ says maintaining the thousands of tobacco retailers across the country will significantly hinder New Zealand's Smokefree 2025 aim.

The health select committee today heard public submissions on the bill, which would mean people aged 14 and under would never be able to legally buy tobacco and dramatically reduce nicotine levels.

While both Z Energy and Foodstuffs - owner of New World, Pak'nSave, Four Square and Liquorland - supported the intent of the bill, representatives of both companies pushed for the limit to tobacco retailers to be dropped.

The bill proposed the director general of health would set a "single current maximum or a series of reducing maximum number" of approved retailers in an area.

According to a Cabinet paper on the corresponding Smokefree Aotearoa Action Plan, modellers had used a 95 per cent reduction of the estimated 8000 retailers, but noted the final number would need to account for differences in rural and urban areas.

Foodstuffs Government relations general manager Melissa Hodd told the committee she supported retailers being vetted against criteria in order to sell tobacco products, but didn't want to see a limit on the number of retailers.

"Wide availability where supply is spread across a large number of retailers, each selling relatively modest amounts ... ensures an orderly market where supply finds equilibrium with demand in each locality," she said.

Associate Minister of Health Dr Ayesha Verrall is a champion of the proposed legislation. Photo / Sylvie Whinray

Z Energy corporate affairs manager Matt Hardwick acknowledged a reduction was necessary but implored against it occurring immediately, instead taking place over two years.

"Z strongly encourages a gradual phase down in the number of retailers currently selling tobacco and adult vape products given a sudden reduction in retailers will change the risk profile of those retailers licensed to sell products."

Hardwick did reference the effectiveness of recent investment into security measures, indicating its capacity to cope with any increased risk.

Cancer Society chief executive Lucy Elwood and health promotion manager Rebecca Gilbert both called for at least a 95 per cent reduction in retailers, and confessed they did not value the reasons given by Z Energy and Foodstuffs in their opposition.

"We think it's grounded more in fear than evidence," Elwood said.

She said claims retailers would be hit by the move echoed a similar discussion had almost 20 years ago when hospitality businesses feared they would go under if they forced to go smokefree - something Elwood said did not occur.

Elwood compared the current figure for tobacco retailers (8000) with the number of pharmacies (900) and McDonald's branches (167), saying she wanted to see more pharmacies than tobacco retailers.

Other submissions included a spokesperson from the New Zealand Council for Civil Liberties, who argued the bill impinged on human rights.

That was despite Attorney-General David Parker's determination that the bill "appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act".

The smokefree goal

• The Smokefree goal is that by 2025 less than 5 per cent of New Zealanders will be smokers.

• This target was established in March 2011 in response to the recommendations of a landmark Parliamentary inquiry by the Māori Affairs select committee.

• Smoking rates are decreasing, but there are still significant inequities for Māori, Pacific peoples and those living in socioeconomically deprived areas.

• The current smoking rate of New Zealand adults is 13.4 per cent in 2019/2020, which has decreased from 16.6 per cent in 2014/15 15 and from 18.2 per cent in 2011/12.

• The current Māori smoking rate is 31.4 per cent in 2019/20, which has decreased from 38.1 per cent in 2015/15, and 40.2 per cent in 2011/12.

• Māori women have New Zealand's highest smoking rates, at 32 per cent. Māori men also have a disproportionately higher current smoking rate of 25 per cent.

• About 4500 to 5000 people die due to smoking tobacco products every year in New Zealand – about 12 to 13 deaths.

• Since that landmark Māori Affairs Committee Inquiry in 2010, more than 50,000 New Zealanders have died of smoking-related causes.