H2024054077 Response Letter.pdf

133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
3 December 2024
Cam Slater
By email: [FYI request #28805 email]
Ref:  H2024054077
Tēnā koe Cam
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act), which was
transferred from the office of the Associate Minister of Health, Hon Casey Costello to the
Ministry of Health – Manatū Hauora (the Ministry) on 18 October 2024. You requested copies of
the following documents:
Document entitled "HR Batteries 190723.docx
Documents entitled "H2023029262" about Smokefree regulations: Further advice on
new vaping measures.
The requested documents are itemised in Appendix 1 and copies of the documents are
enclosed. Where information is withheld under section 9 of the Act, I have considered the
countervailing public interest in release in making this decision and consider that it does not
outweigh the need to withhold at this time.
I note these documents relate to a previous OIA response you received from the Ministry
(H2024050899 refer). Please note:
• your request references “H2023029262”, however we have interpreted it to be for
H2023029282, which is the briefing with that title.
• the document HR Batteries 190723.docx is document 1 in the appendix, the title you
refer to is the name the document was saved as, the actual title of the draft briefing was
Smokefree regulations: Advice on vaping measures. This was the draft working version
of H2023029282 and is not the advice the Ministry provided to the Minister.
I trust this information fulfils your request. If you wish to discuss any aspect of your request with
us, including this decision, please feel free to contact the OIA Services Team on:
[email address].
Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.

Please note that this response, with your personal details removed, may be published on the
Manatū Hauora website at: www.health.govt.nz/about-ministry/information-releases/responses-
official-information-act-requests
Nāku noa, nā
Dr Andrew Old
Deputy Director-General
Public Health Agency | Te Pou Hauora Tūmatanui
Page 2 of 3

Appendix 1: List of documents for release

#
Date
Document details
Decision on release
1
26 July 2023
HR Batteries 190723
Some information has been
withheld under the following
2
Briefing: Smokefree Regulations:  sections of the Act:
Further advice on new vaping
•  9(2)(a) - to protect the
measures (H202302982)
privacy of natural
persons, including
deceased natural
persons; and
•  9(2)(h) - to maintain
legal professional
privilege.

Page 3 of 3

Document 1
Briefing
Smokefree Regulations: Advice on vaping measures
Date due to MO:  N/A
Action required by:
26 July 2023
Security level:
IN CONFIDENCE
Health Report number:  H2023029282
1982
To:
Hon Dr Ayesha Verral , Minister of Health
Consulted:
Health New Zealand: ☐    Māori Health Authority: ☐
ACT
Contact for telephone discussion
Name
Position
Telephone
Andrew Old
Director-General, Public Health Agency /
S9(2)(a)

Te Pou Hauora Tūmatanui  INFORMATION
Jane Chambers
Group Manager, Public Health Policy and  S9(2)(a)

Regulation, Public Health Agency / Te Pou
Hauora Tūmatanui
OFFICIAL
Minister’s office to complete:
☐ Approved
☐ Decline
☐ Noted
THE
☐ Needs change
☐ Seen
☐ Overtaken by events
☐ See Minister’s Notes
☐ Withdrawn
Comment:
UNDER
RELEASED

Document 1
Smokefree regulations: Advice on vaping
measures

Security level:
IN CONFIDENCE
Date:
26 July 2023
1982
To:
Hon Dr Ayesha Verral , Minister of Health
ACT

Purpose of report
S9(2)(h)
Summary
INFORMATION
2.
The regulations are scheduled for LEG consideration on 3 August 2023.
S9(2)(h)
OFFICIAL

THE
UNDER

RELEASED
Briefing: H2023029282

2

Document 1
Recommendations
We recommend you:
a)  Note the advice in this report.
Noted

b)  Indicate  your preferred option  for inclusion in the Smokefree
1982
Environments and Regulated Products Amendment Regulations 2023:

ACT
a.  continue to require al  vape products to have removable
Yes/No
batteries, or
b.  only require disposable vape products to have
Yes/No
removable batteries at this time (and defer the

implementation of a broader regulation for al  vape
products), or

c.  defer the requirement for al  vape products to have
Yes/
INFORMATION  No
removable batteries, delaying implementation .

OFFICIAL

  Dr Diana Sarfati
THE    Hon Dr Ayesha Verral
Director-General of Health
  Minister of Health
Te Tumu Whakarae mō te Hauora
Date:
  Date:

UNDER


RELEASED

Briefing: H2023029282

3

Document 1
Vaping regulations: Further advice on
removable batteries
Background
7.
Amendments to the Smokefree Environments and Regulated Products Regulations  1982
2021 are required to implement both the smoked tobacco regulatory regime and
additional requirements for vaping products to reduce their appeal and
ACT
addictiveness to youth and improve product safety.
8.
Cabinet recently agreed to drafting of regulations that require al  vaping products to
have removable batteries. This was consulted on along with several other proposals
such as to amend flavour name requirements, require child safety measures, reduce
the maximum nicotine strength al owed in single-use (disposable) vapes, and set
proximity restrictions for new Specialist Vape Stores.
S9(2)(h)
INFORMATION
OFFICIAL
THE
UNDER
RELEASED
Briefing: H2023029282

4

Document 1
Comment
15.
The stated objective of requiring removable batteries was to make vaping products
safer. There is a fire risk for batteries within a vaping product (for example, being
crushed on disposal). Requiring al  vape batteries to be accessible, so that they can
be checked for signs of wear or deterioration, would provide a safety improvement
as would ensuring the batteries could be disposed of safely.
16.
MBIE raised issues around the applicability of the proposed battery requirements.  1982
They considered it may be difficult to justify the different treatment of batteries in
vaping products compared to other products which similarly rely on lithium-ion
batteries, such as mobile phones, which also arguably present a fire risk. MBIE could
ACT
not see any immediate alternative courses of action (eg, via the development of a
vaping product standard under their legislative framework) but have offered to work
with us on this matter.
S9(2)(h)
INFORMATION
OFFICIAL
THE
UNDER
Options – seeking your direction
RELEASED
21.
Cabinet has agreed to the policy proposal to require al  vape products to have
removable batteries [CAB-23-MIN-0182 refers]. You announced this decision,
amongst others, on 6 June 2023. The draft regulations are due to go to Cabinet on
3 August 2023 (with lodgement on 27 July).
Briefing: H2023029282

5

Document 1
22.
S9(2)(h)
we seek your direction on the fol owing options:
a.  Option 1: continue with immediate regulation to require al  vape products to
have removable batteries
This option reflects Cabinet’s agreement.
S9(2)(h)
1982
ACT
b.  Option 2: amend the regulatory measure to only require disposable products to
have removable batteries
This option would not impact reusable products.
S9(2)(h)
INFORMATION
Should you decide to progress implementation of the regulation in respect of
disposable vape products only, we wil  prepare communications accordingly.
c.  Option 3: defer the making of any regulations for batteries  (recommended)
OFFICIAL
S9(2)(h)
THE
Should you decide to defer the making of battery regulations to al ow more
time, we wil  prepare communications accordingly. This would likely mean that
implementation of regulations for batteries are delayed until 2024.
UNDER
Equity
23.
Vaping products are not used evenly across society, with higher rates for Māori and
pacific peoples. Pacific adults (15+) are one and a half times more likely to vape than
non-Pacific. Māori adults (15+) are more than twice as likely to vape daily as non-
Māori. For 14–15-year-olds, 25.2% of Māori girls and 18.3% of Māori boys vape daily
RELEASED
– much higher than the average for that age, which is 10.1%. Ensuring that vape
products are safe will have a disproportionately positive effect on those populations.
Briefing: H2023029282

6

Document 1
Next steps
24.
We wil update the Cabinet paper to reflect your decisions if needed, prior to
lodging.

1982
ENDS.

ACT

INFORMATION
OFFICIAL
THE
UNDER
RELEASED
Briefing: H2023029282

7

Document 1
Minister’s Notes

1982
ACT
INFORMATION
OFFICIAL
THE
UNDER
RELEASED
Briefing: H2023029282

8

Document 2
Briefing
Smokefree Regulations: Further advice on new vaping measures
Date due to MO:  N/A
Action required by:
26 July 2023
Security level:
IN CONFIDENCE
Health Report number:  H2023029282
1982
To:
Hon Dr Ayesha Verrall, Minister of Health
ACT
Consulted:
Health New Zealand: ☐    Māori Health Authority: ☐
Contact for telephone discussion
Name
Position
Telephone
Dr Andrew Old
Deputy Director-General, Public Health
S9(2)(a)

INFORMATION
Agency | Te Pou Hauora Tūmatanui
Sally Stewart
Manager,  Public  Health  Policy  and  S9(2)(a)

Regulation, Public Health Agency | Te Pou
Hauora Tūmatanui
OFFICIAL
Minister’s office to complete:
THE
☐ Approved
☐ Decline
☐ Noted
☐ Needs change
☐ Seen
☐ Overtaken by events
☐ See Minister’s Notes
☐ Withdrawn
Comment:
UNDER
RELEASED

Document 2

Smokefree Regulations: Further advice on
new vaping measures

Security level:
IN CONFIDENCE
Date:
26 July 2023
1982
To:
Hon Dr Ayesha Verrall, Minister of Health
ACT

Purpose of report
S9(2)(h)
Summary
INFORMATION
2.
The regulations are scheduled for LEG consideration on 3 August 2023.
S9(2)(h)
OFFICIAL
THE
UNDER

RELEASED
Briefing: H2023029282

2

Document 2

Recommendations
We recommend you:
a)  Note the advice in this report and indicate your preference below.
Noted

b)  Indicate  your  preferred  option  for  inclusion  in  the  Smokefree
1982
Environments and Regulated Products Amendment Regulations 2023:

ACT
Removable batteries

a.  continue with the proposed measure to require all vape
Yes/No
products to have removable batteries, or

b.  amend the proposed measure to only require disposable
Yes/No
vape products to have removable batteries at this time

(and defer the implementation of broader regulation for
all vape products), or

INFORMATION

c.  defer the proposed requirement for all vape products to
Yes/No
have removable batteries, delaying implementation of

the measure.
Nicotine concentration
OFFICIAL
d.  continue with the proposed measure to amend the
Yes/No
nicotine concentration in a reusable vaping device that
THE
uses nicotine salts to not exceed 28.5mg/mL, or
e.  defer the proposed amendment to the nicotine
Yes/No
concentration for use in a reusable vaping device,

delaying implem
UNDER  entation of the measure.

Dr Andrew Old
  Hon Dr Ayesha Verrall
RELEASED
Deputy Director-General of Health
  Minister of Health
Public Health Agency
Date: 26 July 2023
  Date:

Briefing: H2023029282

3

Document 2

Smokefree Regulations: Advice on vaping
measures
Background
6.
1982

Amendments to the Smokefree Environments and Regulated Products Regulations
2021 are required to implement both the smoked tobacco regulatory regime and to
regulate vaping products in a way that seeks to minimise harm, especially harm to
ACT
young people and children.
7.
Cabinet recently agreed to the drafting of regulations relating to vaping that:
a.  limit flavour descriptions on vaping products and their packages,
b.  set out proximity requirements for approval as a specialist vape retailer,
c.  include additional product safety requirements for vaping products including
requirements for child safety mechanisms, removable batteries and restrictions
relating to nicotine concentration.
INFORMATION
S9(2)(h)
OFFICIAL
THE
UNDER
RELEASED
Briefing: H2023029282

4

Document 2

S9(2)(h)
1982
ACT
INFORMATION
OFFICIAL
THE
UNDER
RELEASED
Briefing: H2023029282

5

Document 2

S9(2)(h)
1982
ACT
INFORMATION
OFFICIAL
Options – seeking your direction
THE
Removable batteries
24.
Cabinet has agreed to the policy proposal to require all vape products to have
removable batteries, based on the earlier advice provided.  [CAB-23-MIN-0182
refers]. You announced this decision, amongst others, on 6 June 2023. The draft
UNDER
regulations are due to go to Cabinet on 3 August 2023 (with lodgement by 10am
Friday 28 July).
25.
S9(2)(h)
we seek your direction on the following options:
a.  Option 1: continue with immediate regulation to require all vape products to
have removable batteries
This opti
RELEASED  on reflects Cabinet’s agreement.
S9(2)(h)
Briefing: H2023029282

6

Document 2

S9(2)(h)
1982
b.
ACT
  Option 2: amend the regulatory measure to only require disposable products to
have removable batteries
This option would not impact reusable products.
S9(2)(h)
Should you decide to progress implementation of the regulation in respect of
INFORMATION
disposable vape products only, we will prepare communications accordingly.
c.  Option 3: defer the making of any regulations for batteries
S9(2)(h)
OFFICIAL
Should you decide to defer the making of battery regulations, we will prepare
THE
communications accordingly. This would likely mean that implementation of any
new regulations for batteries are delayed until 2024.
Nicotine concentration
26.
On 17 July 2023, Cabinet agreed to amend regulation 15 of the Smokefree
UNDER
Environments and Regulated Products Regulations 2021 to state the maximum
allowable nicotine concentration in reusable vaping products that use nicotine salts
is 28.5 mg/mL [CAB-23-MIN-0305]. As above, draft regulations are due to go to
Cabinet on 3 August 2023 (with lodgement on 28 July).
27.
S9(2)(h)
we seek your direction on the following options:
a.  Option 1: continue with the proposed measure to amend the nicotine
RELEASED
concentration in a reusable vaping device that uses nicotine salts to not exceed
28.5 mg/mL
Briefing: H2023029282

7

Document 2

S9(2)(h)
b.  Option 2: defer the proposed amendment to the nicotine concentration of
1982
nicotine for use in a reusable vaping device, delaying implementation of the
measure
This option would not impact the nicotine concentration of single use vaping
ACT
substances which will be set at 20mg/mL.
S9(2)(h)
Should you decide to defer the making of regulations regarding nicotine we will
prepare communications accordingly. This would likely mean that
implementation of any new regulations for nicotine concentration of reusable
vaping devices are delayed until 2024.
INFORMATION
S9(2)(h)
Equity
28.
Vaping products are not used evenly across society, with higher rates for Māori and
OFFICIAL
pacific peoples. Pacific adults (15+) are one and a half times more likely to vape than
non-Pacific. Māori adults (15+) are more than twice as likely to vape daily as non-
Māori. For 14–15-year-olds, 25.2% of Māori girls and 18.3% of Māori boys vape daily
THE
– much higher than the average for that age, which is 10.1%. Ensuring that vape
products are safe will have a disproportionately positive effect on those populations.
Next steps  UNDER
29.
We will update the Cabinet paper to reflect your decisions if needed, prior to
lodging.


ENDS.
RELEASED

Briefing: H2023029282

8

Document 2

Minister’s Notes

1982
ACT
INFORMATION
OFFICIAL
THE
UNDER
RELEASED
Briefing: H2023029282

9