Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Regulations

82B: Regulations relating to requirements for smoked tobacco products

You could also call this:

"Rules about making smoked tobacco products safer"

The Governor-General can make rules about smoked tobacco products. You need to know that these rules can include safety standards for these products. The rules can also prohibit certain ingredients in smoked tobacco products or set limits for the quantities of these ingredients.

When the Minister is preparing these rules, they must think about the risks and benefits to the population, including users and non-users of smoked tobacco products. They must also consider the risks and benefits to Māori, including both users and non-users of these products. The Minister will think about whether regulating a constituent of a smoked tobacco product will reduce the use of the product.

The rules made under this section are called secondary legislation, which means they are a type of law that is made under another law, and you can find more information about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS809896.


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"Rules for selling and giving out smoked tobacco products"


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Part 5Regulations, enforcement, and other matters
Regulations

82BRegulations relating to requirements for smoked tobacco products

  1. 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:

  2. prescribing safety standards for smoked tobacco products:
      1. for the purposes of section 57F(1),—
        1. prohibiting constituents of smoked tobacco products:
          1. 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:
          2. prescribing standards and requirements for testing for the purposes of section 57G(3) or 57H(3).
              1. Before preparing regulations under subsection (1)(a) or (c), the Minister must consider—

              2. the risks and benefits to the population (including both users and non-users of smoked tobacco products) of regulating the constituent; and
                1. the risks and benefits to Māori (including both users and non-users of smoked tobacco products) of regulating the constituent; and
                  1. 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—
                    1. the likelihood that existing users of smoked tobacco products will stop using the product; and
                      1. the likelihood that those who do not use smoked tobacco products will start using the product.
                      2. 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).