The Psychoactive Substances Act 2013 regulates the availability of psychoactive substances in New Zealand. The Act protects the health of and minimises harm to New Zealanders who use psychoactive substances.
In Tauranga, we are proposing to adopt a Psychoactive Substances (Local Approved Products) Policy so that we have the ability to designate appropriate locations for the sale of approved psychoactive substances in our city. We are not able to prohibit the sale of psychoactive substances in Tauranga.
Have your say by 5pm on Thursday, 23 August 2018
Draft Psychoactive Substances (Local Approved Products) Policy (86kb pdf) Statement of proposal (81kb pdf)
Map – proposed approved locations for potential retail premises selling psychoactive substances (4mb pdf)
Have your say on the draft Psychoactive Substances (Local Approved Products) Policy
This is a formal consultation. Hearing of submissions will take place on 11 September 2018. We’ll use your feedback to propose a final revised policy for adoption by Council by the end of the year.
If you have any questions please contact the strategic policy and planning team on 07 577 7000 or firstname.lastname@example.org
What are psychoactive substances?
A psychoactive substance refers to a substance, mixture, preparation, article, device or thing that is capable of inducing a psychoactive effect in an individual who uses the psychoactive substance. Psychoactive substances can also be referred to as ‘legal highs’ or ‘synthetics’.
What does the Psychoactive Substances Act 2013 do?
In 2013, the Psychoactive Substances Act came into force.
The Act authorises the Psychoactive Substances Regulatory Authority (PSRA) to issue licences for the importation, manufacture and sale of psychoactive substances in New Zealand. The PSRA also controls what psychoactive substances are deemed to be ‘approved products’ and can be imported, manufactured or sold in New Zealand.
To date, there are no approved products in New Zealand, and no applications for a product have been received.
Why do we need a policy if there are no approved products?
Under the Act, we have the ability to set rules for the sale of psychoactive substances in our city.
Even though there are currently no approved products, products could be approved by the PSRA at any time.
If we don’t have a policy, licensed premises could open anywhere in the city. Even in the absence of any approved products, someone could still apply for a licence to sell substances.
Instead, we want to minimise the potential harm of psychoactive substances on the community by having the ability to influence the location of where approved products may be sold in the future, if any became approved by the PSRA.
The proposed development of a policy should not be interpreted as council endorsing the use of psychoactive substances.
Proposed policy rules, and why we want to make them
Proposed rule: Approved products may only be sold in the Tauranga city centre commercial zone (as defined in the City Plan).
Why: To minimise harm by restricting licensed premises to the city centre.
Proposed rule: Premises selling approved products cannot be within 50 metres of each other.
Why: To ensure sufficient space between licensed premises.
Proposed rule: Premises selling approved products cannot be within 75 metres of any early childhood centre (including kindergartens, playcentres and kōhanga reo) school, tertiary education facility (including associated accommodation), place of worship, or any council community facility (including parks and reserves).
Why: To minimise the community’s exposure to potential harm from psychoactive substances.
Proposed rule: Request that the PSRA consider restricting the hours of operation to 10am-5pm Monday to Friday, and 10am-1pm on Saturday.
Why: We are unable to prescribe opening hours, however we can recommend that the PSRA consider imposing restrictions on opening hours when granting a licence.