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In a significant policy shift, the New Zealand Government has announced it will revoke the 2023 regulation that required all vaping devices to have removable batteries. This change, effective from September 1, addresses a legal dispute initiated by Mason Corporation Limited, a major player in the vaping industry.
**Legal Challenge Prompted Policy Reversal**
The 2023 regulation was introduced under the previous Labour Government and aimed at broader vaping controls. However, it quickly became contentious when Mason Corporation challenged it in court, arguing that the rule imposed unreasonable constraints on vape product design and market availability.
After reviewing legal advice, the current Government decided to revoke the rule, confirming that this action would resolve the case.
**Vaping Devices Can Retain Built-In Batteries**
Once the changes are implemented, vaping products will no longer be required to have removable batteries. Manufacturers and importers can continue to supply and sell built-in power source models, aligning with international norms and addressing industry concerns about safety risks, design challenges, and compliance burdens.
**No Negative Impact on Smoking or Vaping Rates Expected**
Minister Casey Costello assured the public that this regulatory change will not hinder New Zealand’s broader tobacco harm reduction goals. “It is not expected that the revocation will negatively impact our falling smoking or vaping rates,” she stated.
The Government’s broader vaping control measures, including a legislated ban on disposable vapes—widely criticized for their appeal to youth and environmental harm—remain in place. Costello highlighted: “These have been popular among young people, and they are now off the market. That is a major win for youth health.”
**Striking a Balance Between Regulation and Innovation**
The move underscores the Government’s balancing act between regulatory control and market innovation in the fast-evolving vaping sector. While committed to preventing youth uptake and curbing nicotine addiction, policymakers aim to create a legally sound, enforceable, and commercially viable regulatory regime.
This revocation appears to mark a shift toward more pragmatic regulation, recognizing that overly restrictive rules may lead to unintended consequences such as market disruption, consumer confusion, and legal uncertainty.
**A Revised Approach to Vape Regulation**
The revocation comes amid a broader reassessment of New Zealand’s approach to vaping and tobacco regulation. Since taking office, the new Government has signalled a shift from prohibition-style controls to an evidence-based, targeted regulatory framework that supports smoking cessation without encouraging youth vaping.
This includes:
– Banning disposable vapes
– Restricting vape store proximity to schools and marae
– Requiring plain packaging and fewer flavours
– Maintaining age restrictions and penalties for non-compliance
While the vaping industry welcomes this as a victory for common sense and product innovation, health advocates will monitor the Government’s vigilance regarding youth uptake, long-term health impacts, and industry accountability.
**Looking Ahead**
With this revocation, the market for vaping devices in New Zealand regains flexibility in design and product offerings, provided they adhere to core public health safeguards. The Government is expected to continue refining its regulatory approach to ensure both consumer safety and public health goals are met—especially in a dynamic and polarizing sector like vaping.
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📚 Reading Comprehension Quiz
What significant change has the New Zealand Government announced regarding vaping devices as of September 1, 2023?
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