Part 5Regulations, enforcement, and other matters
Regulations
82BRegulations relating to requirements for smoked tobacco products
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
- prescribing safety standards for smoked tobacco products:
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- for the purposes of section 57F(1),—
- prohibiting constituents of smoked tobacco products:
- prescribing limits for the quantities of constituents in smoked tobacco products or their emissions and a method of determining whether those limits have been exceeded:
- prohibiting constituents of smoked tobacco products:
- prescribing standards and requirements for testing for the purposes of section 57G(3) or 57H(3).
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Before preparing regulations under subsection (1)(a) or (c), the Minister must consider—
- the risks and benefits to the population (including both users and non-users of smoked tobacco products) of regulating the constituent; and
- the risks and benefits to Māori (including both users and non-users of smoked tobacco products) of regulating the constituent; and
- whether regulating a constituent of a smoked tobacco product will reduce the use of the product by reducing the appeal or addictiveness of the product, including—
- the likelihood that existing users of smoked tobacco products will stop using the product; and
- the likelihood that those who do not use smoked tobacco products will start using the product.
- the likelihood that existing users of smoked tobacco products will stop using the product; and
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 82B: inserted, on , by section 42 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
- Section 82B(1)(b): repealed, on , by section 15(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).
- Section 82B(1)(e): repealed, on , by section 15(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).
- Section 82B(2): amended, on , by section 15(2) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).