1Interpretation

1. In this Part, amendment Act means the Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016.

2No transitional period for manufacturers, importers, or persons who package

1. To avoid doubt, there is no transitional period for a manufacturer or an importer or for a person who packages, or arranges for the packaging of, a tobacco product.

3Transitional period of 6 weeks for distributors

1. Despite anything in this Act, a distributor does not commit an offence against this Act in the 6-week transitional period if the act that would have constituted the offence would not have been an offence against the Act as it was, and as the regulations made under it were, immediately before the commencement of the amendment Act.

2. In this clause, 6-week transitional period means the period of 6 weeks starting at the commencement of the amendment Act.

4Transitional period of 12 weeks for other relevant persons

1. Despite anything in this Act, any other relevant person does not commit an offence against this Act in the 12-week transitional period if the act that would have constituted the offence would not have been an offence against the Act as it was, and as the regulations made under it were, immediately before the commencement of the amendment Act.

2. In this clause,—

   12-week transitional period means the period of 12 weeks starting at the commencement of the amendment Act

   other relevant person—

   1. means a person who sells, offers for sale, or otherwise supplies a tobacco product or a package for a tobacco product; but
   2. does not include a manufacturer, an importer, a distributor, or a person who packages, or arranges for the packaging of, a tobacco product.

5Interpretation

1. In this Part, unless the context otherwise requires,—

   amendment Act means the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020

   commencement date means the date on which the amendment Act comes into force.

6Application of section 7A to schools and early childhood education and care centres

1. The manager of any school premises or premises to which section 7A(4) applies—

2. is not required to comply with section 7A(1)(b) until the date that is 6 months after the commencement of the amendment Act; but
3. until that date, must comply with section 7A(1)(b) (as it was immediately before the commencement of the amendment Act) unless the manager earlier complies with section 7A(1)(b) (as amended by the amendment Act).

7Application for approval as specialist vape retailer

1. Section 14A (which relates to applications for approval to be a specialist vape retailer) does not apply until the date that is 9 months after the commencement date.

8Retailer may elect to operate as specialist vape retailer during transitional period

1. A person may, before the expiry date, elect to be a transitional specialist vape retailer if during the transitional period—

2. the person sells vaping products from retail premises that are a fixed permanent structure; and
3. at least 50% of the person’s total sales are from the sale of vaping products.

4. A person who elects to be a transitional specialist vape retailer—

5. must notify the Director-General of their election:
6. must, on and from the date of notifying the Director-General, operate as an approved specialist vape retailer in accordance with this Act and the regulations:
7. must maintain compliance with subclause (1) while operating as an approved specialist retailer under this clause:
8. ceases to be a transitional specialist vape retailer on the expiry date unless—
   1. the person earlier withdraws their status by notifying the Director-General; or
   2. subclause (5) applies.

9. However, a person to whom subclause (1) applies who has not notified the Director-General of their election (if any)—

10. may, for the 2-week period after the commencement date, operate as an approved specialist vape retailer for the purposes of sections 14(1), 24(l), 25(2), 27(3)(c), 33(4), 33(5), 36(4), and 65(3); but
11. is not required to comply with the requirements of sections 14(2), 14A(3) and (5), and 100 during that period.

12. For the purposes of this clause, the retail premises of a transitional specialist vape retailer must be treated as approved vaping premises.

13. At any time before the expiry date, the Director-General may withdraw a person’s status as a transitional specialist vape retailer if the Director-General has reasonable grounds to believe that the person is not complying with subclause (2)(b) or (c).

14. In this clause—

    expiry date means the date that is 12 months after the commencement date

    to notify means notifying on an Internet site maintained by or on behalf of the Ministry of Health

    transitional period means the period of 12 months after the commencement date.

9Visibility of regulated products from place of business and vending machines

1. The following provisions do not apply until the date that is 6 months after the commencement date:

2. section 37 (which restricts the visibility of regulated products (other than vaping products) from a place of business):
3. section 46 (which restricts the visibility of regulated products (other than vaping products) sold by automatic vending machine).

4. Sections 23A and 36(1A) (as they were immediately before the commencement of the amendment Act) continue to apply in respect of tobacco products, tobacco packages, and tobacco cartons until the date that is 6 months after the commencement date.

10Requirement that substance in notifiable product must not contain colouring substance

1. Section 68(3) (which prohibits a substance or mixture of substances that is intended to be vaporised or aerosolised by a notifiable product from containing a colouring substance) does not apply until the date that is 6 months after the commencement date.

11Notifiable products

1. The following provisions (which relate to the notification of vaping products and smokeless tobacco products) do not apply until the date that is 9 months after the commencement date:

2. sections 61 to 63 (which require a manufacturer or an importer of a notifiable product to notify the product in accordance with Part 4 before sale in New Zealand); and
3. section 65(2) (which restricts the flavours that may be contained in notifiable products sold by retailers); and
4. section 65(3) (which relates to the flavours that may be contained in vaping products sold by specialist vape retailers); and
5. section 77 (which requires the Director-General to establish a database for the purpose of Part 4).

6. Sections 60 and 65(1) (which prohibit the sale of notifiable products that have not been notified) do not apply until the date that is 15 months after the commencement date.

12Appeals committee

1. Section 79 (which establishes an appeals committee) does not apply until the date that is 9 months after the commencement date.

13Continued application of Smoke-free Environments Regulations 2017 to tobacco products and herbal smoking products

1. Until the effective date, the Smoke-free Environments Regulations 2017 apply, with all necessary modifications, in respect of tobacco products and herbal smoking products as if those regulations were made under subpart 1 of Part 5.

2. In this clause, effective date means the date on which the Smoke-free Environments Regulations 2017 are replaced by regulations made under subpart 1 of Part 5.

14Interpretation

1. In this Part, unless the context otherwise requires,—

   amendment Act means the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022

   commencement date means the date on which section 56 of the amendment Act comes into force.

15Obligation of person selling notifiable products

1. Section 20R (which relates to the notification requirement of a person who sells notifiable products) does not apply until the date that is 9 months after the commencement date.

16Obligation of distributor in respect of smoked tobacco products

1. Section 20S (which relates to the notification requirement of a distributor in respect of smoked tobacco products) does not apply until the date that is 9 months after the commencement date.

17Sale of smoked tobacco products other than by approved smoked tobacco retailer (Repealed)

18Smoked tobacco product approval and constituent requirements

1. The following provisions do not apply until the date that is 27 months after the commencement date:

3. section 57F (which prohibits the sale, manufacture, import, or supply of a smoked tobacco product that contains a prohibited constituent or a constituent in excess of prescribed limits).

5. Repealed

19Notifier must not sell product unless it has been notified

1. The requirement in section 60 on a notifier of a notifiable product does not apply in respect of a herbal smoking product until the date that is 9 months after the commencement date.