The ongoing battle to enforce our anti-vaping regulations
If vape retailers are bypassing government regulations, can anything be done to stop young people getting hooked?
Mōrena, and welcome to The Bulletin for Friday, June 7, produced in partnership with Blind Low Vision NZ.
In today’s edition: Billions for pothole prevention, claims of a toxic culture in the Act Party election campaign, and more details of the extent of public sector cuts. But first: a new mystery shopper study reveals how vape retailers have been flouting government regulations.
‘Pushing (if not breaking) the boundaries’
New research from Otago University released today has revealed almost all specialist vape stores in the greater Wellington area have been flouting measures brought in late last year to counter youth vaping. The study, using a “mystery shopper”, was carried out in January, a few months after rules were introduced that limited the strength of disposable vapes and required they have child safety mechanisms. The Herald’s Isaac Davison has the key details here, reporting that many stores were “pushing (if not breaking) the boundaries” set by the new regulations. Single-use vapes remained available for $10 or less in most stores, while discounted high-nicotine products were being sold for as little as $2.50 each. While it was limited to one part of the country, the researchers say it’s “likely that the problems identified are systemic and nationwide”.
Vape retailers have already been caught out
Specialist vape stores evading the rules is nothing new, though the scale of this study makes it especially interesting. Earlier this year, I reported for The Spinoff that some vape retailers were openly flouting another set of anti-vaping regulations around what flavours could be sold for reusable devices. A report by RNZ’s Anneke Smith in April described the breaking of the rules by vape retailers as “pervasive”, noting that “one need only travel about 50 metres from parliament to buy an illegal vape”. According to Smith’s report, enforcement from officials has also been minimal: last year saw 79 infringement notices issued from 767 compliance checks, with just one prosecution. Labour’s health spokesperson Ayesha Verrall said the findings in the Otago University study showed more needed to be done to enforce the existing rules. “In my view the Ministry [of Health] is not exercising its ability to take more prosecutions for these breaches,” she told The Bulletin. But the ministry said it was “putting greater resources into compliance and monitoring” and was working with the Te Whatu Ora to increase this.
It’s more than just the products being sold
It’s also about accessibility. The new research shone a light on the location of vape stores in Wellington, finding “clusterings” in the inner-city areas “where young people congregate”, while suburban retailers were “often located in communities with high socio-economic deprivation”. Almost half were located inside other stores, like dairies, in order to sell products that cannot be sold outside of a specialist retailer. As The Post’s Rachel Thomas reported, the new research also showed ID checks were limited. A study in March found that almost a third of the country’s vape stores were within a five-minute walk of a school, as this RNZ report explained. Verrall said that a limit on nationwide store numbers would help avoid certain communities being targeted, something Labour had proposed. The researchers also raised concerns over heavy discounting of vapes as specialist retailers are exempt from a law that prohibits discounted distribution of regulated products, like tobacco.
What can be done?
The minister with oversight for vaping legislation, Casey Costello, told The Bulletin the study’s findings were “disappointing but not unexpected”, and highlighted the government’s forthcoming ban on disposable vaping products (there’s currently no timeline for this to be implemented). “I will be taking specific proposals to cabinet soon,” she said. However, the researchers questioned whether a complete ban would simply lead to a flood of discounted products in the market. As reported by The Spinoff earlier this year, the vape industry is often quick to find workarounds to new regulations – such as releasing compliant reusable devices at the same price point as outlawed disposable products. In comments to the Science Media Centre, the paper’s co-author Jude Ball recommended a law to prevent discounting and to clarify “ambiguities” in the current law as the industry has proved to be “adept at exploiting any weaknesses to circumvent or push the boundaries set by government”. Enforcement efforts also need to be stepped up, Ball said. In a piece published by Newsroom, Auckland University’s Kelly Burrowes referenced an American study that revealed 38.8% of the young people surveyed said they’d likely stop vaping if the flavours were limited to just tobacco or menthol. There’s also the prescription-only approach seen in Australia, as Zoe Madden-Smith from TVNZ’s Re News looked at in a documentary this year. Smith’s report noted retailers have been caught disguising nicotine products as nicotine-free. The next tranche of regulations, such as requiring reusable vaping products to have removable batteries, has been pushed back until October. That delay has upset those fighting to see vape products more tightly restricted, The Press reported in March.
You can find an extended version of today’s Bulletin on The Spinoff.
A good day in the capital
Thank you to everyone who supported The Spinoff Welly 500 over the last couple of weeks. Not only did we reach our target in record time, but the additional donations and messages of support make it possible for us to sustain and grow our work in Wellington. You can check out our recent Welly coverage here.
$4bn for paving our nation’s potholes
The government has confirmed details of its pothole prevention fund, confirming $4bn will be spent over the next three years fixing state highways and local roads. This 1News report explains how that fund will be distributed, with Auckland pocketing almost $500m and Waikato getting $214m. “This represents a 91% increase in funding for state highway pothole prevention and a 50% increase in the total funding for local road pothole prevention,” said transport minister Simeon Brown said. But not everyone is impressed, reported Newshub’s Nick Truebridge. Green MP Julie Anne Genter described the announcement as “a bit of smoke and mirrors”, saying it was just maintenance funding “repackaged”.
‘Culture of fear’ on the Act Party campaign – report
Stuff’s Tova O’Brien has an exclusive report this morning, with bombshell claims levelled against the Act Party over its election campaign. According to O’Brien, the party’s facing a declaration of no confidence in its board, with, in her words, “allegations of a culture of fear, unfair treatment for women and a ‘train wreck’ campaign as senior staff and volunteers quit their roles”. About six staff and volunteers have quit the party since the campaign, O’Brien reported. Leader David Seymour did not respond to Stuff’s questions, but party president Catherine Isaac said an independent review into the campaign had been carried out. “I am confident that all feedback, both positive and critical, has been taken into account and the recommendations will be taken on board,” she said.
Disaster: Houses becoming more affordable in Auckland
That’s the headline from a piece on The Spinoff this morning by Hayden Donnell. It’s in response to reports yesterday morning that house prices, especially in Auckland, have dropped. The reason? More houses being built, especially townhouses. “The situation is critical. It may soon get to the point where you can’t sell a rotting Grey Lynn bungalow for $4.6 million,” writes Donnell.
“If this keeps up, Auckland may never become a city where home ownership is the exclusive preserve of the rich. We might not even see the creation of a new landed gentry. People might be able to do things like hang a painting on the wall or own a pet without getting their landlord’s permission. They could perhaps find a place that suits their needs close to work. Some might even change their commute to public transport or, god forbid, walking or biking.”
Listen: How a cold snap almost caused an national energy crisis
Bernard Hickey goes deep into the mechanics of the electricity distribution system to find out what really happened during a cold snap in May that almost caused a national energy crisis. He talks to Electric Kiwi CEO Luke Blincoe about how to solve the dry winter and cold snap problem without spending billions of dollars on new generation and lines.
Click and Collect
A “national scandal”: Newshub’s Michael Morrah has a must read/watch report on the number of new patients being declined for specialist services.
What’s going on with Skycity’s share price? Tim Hunter at the NBR analyses the situation (paywalled).
The “government axe keeps swinging”, reports Anna Whyte and Glenn McConnell at The Post. They break down the latest public sector job cuts.
Two new Māori place names have been proposed for Auckland suburbs.
Wellington mayor Tory Whanau has opened up on being diagnosed with ADHD, and how it has impacted her job “in a positive sense”.
Prominent health campaigner and TV presenter Michael Mosley, who has visited New Zealand and appeared on a lot of our news programmes, has gone missing in Greece.
There’s been a lot of chat in recent years about a potential stunt category at the Oscars. According to Empire, it could finally be happening.
Think our potholes are bad? What about this Scottish town that looks like the moon.
Are you a “font geek” or a “craft freak”? Daylight is looking for a new senior designer. Find out more here.
Shanti Mathias explains the controversial Fast-track Approvals bill, which thousands are expected to march against this weekend. Anna Rawhiti-Connell argues with herself about whether we should be fearing or embracing AI. Gabi Lardies presents a short history of the term 'fiscal cliff'. Madeleine Chapman reveals where you can find the best cheese scone in Auckland. Jordan from the Māori Literature Blog considers Shakespeare, Chaucer and grammar - all on the English curriculum 'refresh'.
That’s it for another week, thanks for reading. I’ll be back on Monday.
Got some feedback about The Bulletin, or anything in the news? Get in touch with me at thebulletin@thespinoff.co.nz.
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It engages a considerable level of fury in me that the interests of those who would make money out of vaping are to the foreground and care for our young people is of less interest. Cigarette smoking followed exactly the same path and look at the amount of damage that did!! When my local dairy builts a vape shop onto the side of its premises, I want to shout at the owner "what about my grandchildren". Our moral compass has taken a spin and I rage a little and refuse to shop at the local dairy and this seems ineffectual. Where are our community and country leaders when "leading" means making as much money as possible at anyones expense rather than protecting our children from harm!