20PApplication for approval as specialist vape retailer

1. A person who sells vaping products from retail premises may apply to the Director-General for approval to be a specialist vape retailer in relation to specified retail premises and, if applicable, specified Internet sites.

2. The Director-General must not give a person approval to be a specialist vape retailer unless satisfied that—

3. the retail premises in which the vaping products are or will be sold are—
   1. a fixed permanent structure; and
   2. appropriate premises from which to operate; and
4. the retail premises in which the vaping products are or will be sold are—
   1. at least 300 metres from the boundary of a registered school listed, on the date on which the application for approval is received, on an Internet site provided by the Ministry of Education; and
   2. at least 300 metres from the boundary of a marae listed, on the date on which the application for approval is received, on an Internet site provided by the Ministry of Māori Development—Te Puni Kōkiri; and
   3. at least 100 metres from the boundary of a licensed early childhood service listed, on the date on which the application for approval is received, on an Internet site provided by the Ministry of Education; and
5. at least—
   1. 70% of the total sales from the retail premises are or will be from the sale of vaping products; or
   2. 60% of the total sales from the retail premises are or will be from the sale of vaping products and the Director-General is satisfied that the lower threshold is appropriate in the circumstances; and
6. the applicant understands its obligations under this Act (including about sales to minors); and
7. any requirements in regulations have been met.

8. In determining whether the lower threshold is appropriate in the circumstances, the Director-General must, in accordance with regulations (if any), have regard to—

9. the geographic location of the retail premises; and
10. the population in relation to which the retailer carries out their business; and
11. any criteria prescribed in regulations.

12. In making an assessment under subsection (2)(b), the Director-General may take into account the total sales from the retail premises for the previous 12 months (if any) and any other information that the Director-General considers relevant.

13. A person who, without reasonable excuse, provides false or misleading information in an application for approval to be a specialist vape retailer commits an offence and is liable on conviction to a fine not exceeding $10,000.