Tobacco bans in NZ and the UK.

Written By: - Date published: 8:13 am, December 6th, 2023 - 9 comments
Categories: Christopher Luxon, election 2023, national, uk politics - Tags: , , , , ,

Originally published on Nick Kelly’s blog

In October, UK PM Rishi Sunak announced that he would follow New Zealand’s policy of gradually lifting the age at which people can buy tobacco. This would mean anyone born after 2009 would never be legally allowed to purchase tobacco. Last week, the new centre-right National Party-lead government in New Zealand announced it would be repealing this policy.

Two centre-right governments in English-speaking nations, both clients of Crosby Textor, yet opposite responses to tobacco regulation. The incoming NZ Health Minister Dr Shane Reti expressed concerns about a black market in tobacco sales if the ban was to be implemented. Reti also used the straw man argument that the tobacco ban was a factor driving recent ram rads of shops in New Zealand.

Worst of all, a key motivation for repealing the 2021 NZ tobacco legislation is to fund tax cuts. Before the election, it was clear that the National Party’s tax policy was unrealistic, just as Liz Truss’s tax cuts were in the UK. So the new government’s answer, remove restrictions on tobacco sales and use the revenue to fund tax cuts rather than funding the health system that tobacco tax revenue should be used for.

The decision in 2021 to introduce the smoking ban was a courageous one. Smoking causes many deaths each year and places a strain on the country’s health system. Smoking is addictive and we should do all we can to discourage young people from taking up this habit. This being said, putting a total ban on tobacco sales of people born after 2009 is well-meaning, but would likely have unintended and profoundly negative consequences.

There is a considerable body of evidence showing that prohibition does not work. Attempts at banning the sale of alcohol in the USA famously resulted in black market moonshine being sold. Attempts to stop the sale of narcotics in the so-called war on drugs have been a resounding failure. While it still may not be a popular view, the evidence shows that banning substances rarely stops consumption. Worse, it drives manufacturing and sales underground giving criminal gangs a great source of income and power.

The weird thing about the NZ ban is that in 2020 there was a real possibility that marijuana would be legalised. Run in parallel with the 2020 general election, the referendum on legalising marijuana was held. The result was 48.4 % in favour of legalising and 50.7 against it. In a country where studies have found that 80% of the population have tried pot, the level of cognitive dissonance of many voters is astounding.

Further, during the election campaign in 2020, Jacinda Ardern refused to state whether she supported legalising marijuana, despite earlier admitting she had tried the substance before. The concern from NZ Labour strategists was that Jacinda coming out in favour of legalising would be used against them by the opposition. As it happened, Labour won with a huge majority and the referendum was narrowly lost.

Jacinda Ardern had earlier stated her personal support for the legalisation and party members have voted at conferences in favour of policy remits calling for the same. Jacinda and other Labour frontbenchers could have openly stated their support for legalisation and still comfortably won the 2020 election. That they did not was an uncharacteristic failure of leadership by Jacinda Ardern and her team. This may have contributed to NZ still having drug laws that are disproportionately used against Maori and Pacifica populations and completely fail to stop the widespread use of marijuana.

That being said, it should not need the Prime Minister saying she supported legalisation for the referendum to succeed. The evidence from both NZ and overseas should have been enough.

All the arguments for legalising marijuana apply to tobacco as well. As a nonsmoker, I would be delighted if everyone stopped smoking. But I realise there will always be some who choose to. There will be black markets in tobacco, especially when other countries do not legislate for similar bans so people will be smuggling tobacco into the country. Further, while the state should encourage people to make good health choices and drive behaviours, banning tobacco is a bridge too far.

It might seem strange that a center-left Labour Party member would take this position. But it is a position based on evidence. Yes regulate the sale, add taxes, and limit where these products can be sold, which was also part of the 2021 NZ legislation. But prohibition of tobacco, like alcohol or marijuana will not work and will result in negative and unintended consequences.

It is unclear whether Rishi Sunak’s Conservative government will be successful in implementing a similar tobacco ban to that which NZ has just repealed. While there will be support across the political aisle for stronger restrictions, it is difficult to see how banning sales to people born after 2009 would work. Given how readily available hard drugs such as cocaine, MDMA and ketamine are on the streets of London, one has to be sceptical about the UK’s ability to successfully ban tobacco.

Instead of looking to the criminal justice system to tackle a health problem, we need policies that support people with addictions. Yes control the sale, and heavily regulate the strength and quality of what is being sold. But history has shown time and again that just banning things does not fix the problem.

9 comments on “Tobacco bans in NZ and the UK. ”

  1. mikesh 1

    The legislation that the government intends to repeal is not legislation that actually bans tobacco altogether, either now or in the future, so reversing legislation which merely discourages its use looks like a bad move on the part of the government.

    • Populuxe1 1.1

      It bans it for an entire generational cohort. And while I'm not against it on principle, I was never convinced by it. Firstly, because I think vapes are a bigger danger to that age demographic, and secondly, because banning it for one group while it's still available for others is just a recipe for creating a demand and fuelling crime.

      • Stuart Dodd 1.1.1

        Just wrong. Tobacco is and will always be far more deadly than vapes regardless of age, and vaping needs to be regulated as the intention was to promote it as a way to quit tobacco not create a new generation of nicotine addicts. Oh, and why even try peddling this right wing tobacco lobby talking point that suggests that the problems of banning tobacco will be anything like the harms avoided – it's utter rubbish – 4000 people a year die of tobacco-related diseases in NZ.

        • Populuxe1 1.1.1.1

          They might be more deadly, but it's the uptake that is the significant factor. What is with you people that whenever someone disagrees with you it must be a right wing talking point?
          Anyway, I'll try to use small words. If you tell young people they can't have something, even though it is still widely available, you glamourise it and create a demand. Progressive taxation, education, and painting it as a sad, gross habit for old boomers, is always going to be more effective than simply handing the gangs a black market.

  2. observer 2

    There is a legitimate debate to be had about this aspect of health policy. It should of course be driven by evidence.

    The problem is that for the new NZ government it isn't a health policy. It's a tax policy.

    The policy is driven by the need to increase revenue, not reduce smoking. Luxon, Willis and co have engaged with the people who sell cigarettes and want people to smoke, not with the people who deal with the consequences of smoking. There has been no engagement with the health sector at all.

    Here are just some of the voices opposed to the repeal … where are the voices in favour? Anyone?

    Smokefree law repeal ‘immoral’ – 105 organisations sign open letter to Luxon, Peters, Seymour, Reti and Willis | New Zealand Doctor (nzdoctor.co.nz)

    “There is no way that the Smokefree 2025 goal – a goal set by the National-led coalition in 2011 – will be achieved without this ground-breaking legislation.”

    If the government really wants to reduce smoking rates, they should press pause on the repeal, talk and listen to health professionals, and develop a policy based on evidence.

  3. Attempts at banning the sale of alcohol in the USA famously resulted in black market moonshine being sold

    Yeah bit, alcohol is fun , as a ex smoker of nearly 20 years for most of that time I a didn't want to any more and b new it was killing me, and would be most smokers are the same

    One of the things that helped me quit was banning smoking in bars , .

  4. Ed1 4

    I recall some discussion about catering for tourists that are addicted, and for those that are younger who become addicted despite not being in the group permitted to purchase. From memory the thoughts were to use the equivalent of a prescription. At that stage, taxes will be bringing in little finance – if it then treated as a health issue, the government could fund purchase of tobacco products in bulk on a similar basis to Pharmac – if prices are cheaper than illegally imported tobacco products there would be little incentive for gangs to be involved. Isn't that much what has been done with some other addictive substances that cannot be sold, but where we have addicts in our community?

  5. Georgecom 5

    I didn't have a real issue with the generational ban and I am a smoker. Once the law was passed Seems silly to repeal it on the basis of choice, giving people the choice whether they want to smoke or not. Is is a sensible thing to give people to take up a habit which is addictive and harmful. We don't give people a choice of whether they can legally drink and drive. We don't give people a choice whether they wear a seat belt driving. We don't give people a choice about what speed they should do driving past a school.

    Lowering nicotine in tobacco does not seem to have huge "unintended consequences" to me. The rates get lowered. It becomes less addictive.

    Maybe unintended consequences with limiting outlets. Yes, that might make stores selling tobacco a target for ram raiders. If so repeal that aspect of the law.

    But let's also start to treat vapimg in a similar manner as tobacco. Seeing it as it was originally sold to us as being a path off smoking, not a new product to promote and a market for non smokers. Start to treat it in similar to tobacco like banning any advertising, plain packaging, limit flavors, have it out of sight etc. Even over time start to increase the price so it becomes an alternative and pathway of ciggys and not a new growth market. I don't of course see the coalition of chaos delivering anything like that. They have tax cuts to fund

  6. barry 6

    The ban is not prohibition. It is just an extension of the current restrictions.

    A shop is currently not allowed to sell tobacco to someone under the age of 16. Under the new law that would change in 2026 to be an age of 17, and then 18 the next year etc. There would be no punishment for the person buying it and they would not be prohibited from smoking it.

    Yes, of course there will be shopkeepers who forget to check the age of buyers. There will be people buying tobacco for their friends. There will be unofficial sales. These all happen now anyway.

Recent Comments

Recent Posts

  • Therapeutic Products Act to be repealed
    The Therapeutic Products Act (TPA) will be repealed this year so that a better regime can be put in place to provide New Zealanders safe and timely access to medicines, medical devices and health products, Associate Health Minister Casey Costello announced today. “The medicines and products we are talking about ...
    BeehiveBy beehive.govt.nz
    2 hours ago
  • Decisions on Wellington City Council’s District Plan
    The Minister Responsible for RMA Reform, Chris Bishop, today released his decision on twenty recommendations referred to him by the Wellington City Council relating to its Intensification Planning Instrument, after the Council rejected those recommendations of the Independent Hearings Panel and made alternative recommendations. “Wellington notified its District Plan on ...
    BeehiveBy beehive.govt.nz
    4 hours ago
  • Rape Awareness Week: Government committed to action on sexual violence
    Rape Awareness Week (6-10 May) is an important opportunity to acknowledge the continued effort required by government and communities to ensure that all New Zealanders can live free from violence, say Ministers Karen Chhour and Louise Upston.  “With 1 in 3 women and 1 in 8 men experiencing sexual violence ...
    BeehiveBy beehive.govt.nz
    5 hours ago
  • Smarter lunch programme feeds more, costs less
    Associate Education Minister David Seymour has today announced that the Government will be delivering a more efficient Healthy School Lunches Programme, saving taxpayers approximately $107 million a year compared to how Labour funded it, by embracing innovation and commercial expertise. “We are delivering on our commitment to treat taxpayers’ money ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • Report provides insights into marine recovery
    New research on the impacts of extreme weather on coastal marine habitats in Tairāwhiti and Hawke’s Bay will help fishery managers plan for and respond to any future events, Oceans and Fisheries Minister Shane Jones says. A report released today on research by Niwa on behalf of Fisheries New Zealand ...
    BeehiveBy beehive.govt.nz
    7 hours ago
  • NZ to send political delegation to the Pacific
    Deputy Prime Minister and Foreign Minister Winston Peters will lead a broad political delegation on a five-stop Pacific tour next week to strengthen New Zealand’s engagement with the region.   The delegation will visit Solomon Islands, Papua New Guinea, Vanuatu, New Caledonia, and Tuvalu.    “New Zealand has deep and ...
    BeehiveBy beehive.govt.nz
    7 hours ago
  • Low gas production threatens energy security
    There has been a material decline in gas production according to figures released today by the Gas Industry Co.  Figures released by the Gas Industry Company show that there was a 12.5 per cent reduction in gas production during 2023, and a 27.8 per cent reduction in gas production in the ...
    BeehiveBy beehive.govt.nz
    12 hours ago
  • Defence industry talent, commitment recognised
    Defence Minister Judith Collins tonight announced the recipients of the Minister of Defence Awards of Excellence for Industry, saying they all contribute to New Zealanders’ security and wellbeing. “Congratulations to this year’s recipients, whose innovative products and services play a critical role in the delivery of New Zealand’s defence capabilities, ...
    BeehiveBy beehive.govt.nz
    21 hours ago
  • Speech to the Minister of Defence Awards of Excellence for Industry
    Welcome to you all - it is a pleasure to be here this evening.I would like to start by thanking Greg Lowe, Chair of the New Zealand Defence Industry Advisory Council, for co-hosting this reception with me. This evening is about recognising businesses from across New Zealand and overseas who in ...
    BeehiveBy beehive.govt.nz
    21 hours ago
  • Speech to the Sixth Annual New Zealand Government Data Summit
    It is a pleasure to be speaking to you as the Minister for Digitising Government.  I would like to thank Akolade for the invitation to address this Summit, and to acknowledge the great effort you are making to grow New Zealand’s digital future. Today, we stand at the cusp of ...
    BeehiveBy beehive.govt.nz
    22 hours ago
  • Ceasefire agreement needed now: Peters
    New Zealand is urging both Israel and Hamas to agree to an immediate ceasefire to avoid the further humanitarian catastrophe that military action in Rafah would unleash, Foreign Minister Winston Peters says.   “The immense suffering in Gaza cannot be allowed to worsen further. Both sides have a responsibility to ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Daily school attendance data now available
    A new online data dashboard released today as part of the Government’s school attendance action plan makes more timely daily attendance data available to the public and parents, says Associate Education Minister David Seymour.  The interactive dashboard will be updated once a week to show a national average of how ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Ambassador to United States appointed
    Foreign Minister Winston Peters has announced Rosemary Banks will be New Zealand’s next Ambassador to the United States of America.    “Our relationship with the United States is crucial for New Zealand in strategic, security and economic terms,” Mr Peters says.    “New Zealand and the United States have a ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • New permit proposed for recreational gold mining
    The Government is considering creating a new tier of minerals permitting that will make it easier for hobby miners to prospect for gold. “New Zealand was built on gold, it’s in our DNA. Our gold deposits, particularly in regions such as Otago and the West Coast have always attracted fortune-hunters. ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • NZ and the UAE launch FTA negotiations
    Minister for Trade Todd McClay today announced that New Zealand and the United Arab Emirates (UAE) will commence negotiations on a free trade agreement (FTA). Minister McClay met with his counterpart UAE Trade Minister Dr Thani bin Ahmed Al Zeyoudi in Dubai, where they announced the launch of negotiations on a ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • New Zealand Sign Language Week an opportunity for anyone to sign
    New Zealand Sign Language Week is an excellent opportunity for all Kiwis to give the language a go, Disabilities Issues Minister Louise Upston says. This week (May 6 to 12) is New Zealand Sign Language (NZSL) Week. The theme is “an Aotearoa where anyone can sign anywhere” and aims to ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Next stop NASA for New Zealand students
    Six tertiary students have been selected to work on NASA projects in the US through a New Zealand Space Scholarship, Space Minister Judith Collins announced today. “This is a fantastic opportunity for these talented students. They will undertake internships at NASA’s Ames Research Center or its Jet Propulsion Laboratory (JPL), where ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • $1.9 billion investment to keep NZ safe from crime
    New Zealanders will be safer because of a $1.9 billion investment in more frontline Corrections officers, more support for offenders to turn away from crime, and more prison capacity, Corrections Minister Mark Mitchell says. “Our Government said we would crack down on crime. We promised to restore law and order, ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • OECD reinforces need to control spending
    The OECD’s latest report on New Zealand reinforces the importance of bringing Government spending under control, Finance Minister Nicola Willis says. The OECD conducts country surveys every two years to review its members’ economic policies. The 2024 New Zealand survey was presented in Wellington today by OECD Chief Economist Clare Lombardelli.   ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Agreement delivers Local Water Done Well for Auckland
    The Government has delivered on its election promise to provide a financially sustainable model for Auckland under its Local Water Done Well plan. The plan, which has been unanimously endorsed by Auckland Council’s Governing Body, will see Aucklanders avoid the previously projected 25.8 per cent water rates increases while retaining ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Gaza and the Pacific on the agenda with Germany
    Foreign Minister Winston Peters discussed the need for an immediate ceasefire in Gaza, and enhanced cooperation in the Pacific with German Foreign Minister Annalena Baerbock during her first official visit to New Zealand today.    "New Zealand and Germany enjoy shared interests and values, including the rule of law, democracy, respect for the international system ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Decision allows for housing growth in Western Bay of Plenty
    The Minister Responsible for RMA Reform, Chris Bishop today released his decision on four recommendations referred to him by the Western Bay of Plenty District Council, opening the door to housing growth in the area. The Council’s Plan Change 92 allows more homes to be built in existing and new ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Speech to New Zealand China Council
    Thank you, John McKinnon and the New Zealand China Council for the invitation to speak to you today.    Thank you too, all members of the China Council. Your effort has played an essential role in helping to build, shape, and grow a balanced and resilient relationship between our two ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Modern insurance law will protect Kiwi households
    The Government is modernising insurance law to better protect Kiwis and provide security in the event of a disaster, Commerce and Consumer Affairs Minister Andrew Bayly announced today. “These reforms are long overdue. New Zealand’s insurance law is complicated and dated, some of which is more than 100 years old. ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government recommits to equal pay
    The coalition Government is refreshing its approach to supporting pay equity claims as time-limited funding for the Pay Equity Taskforce comes to an end, Public Service Minister Nicola Willis says.  “Three years ago, the then-government introduced changes to the Equal Pay Act to support pay equity bargaining. The changes were ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Transforming how our children learn to read
    Structured literacy will change the way New Zealand children learn to read - improving achievement and setting students up for success, Education Minister Erica Stanford says.  “Being able to read and write is a fundamental life skill that too many young people are missing out on. Recent data shows that ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • NZ not backing down in Canada dairy dispute
    Trade Minister Todd McClay says Canada’s refusal to comply in full with a CPTPP trade dispute ruling in our favour over dairy trade is cynical and New Zealand has no intention of backing down. Mr McClay said he has asked for urgent legal advice in respect of our ‘next move’ ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Stronger oversight for our most vulnerable children
    The rights of our children and young people will be enhanced by changes the coalition Government will make to strengthen oversight of the Oranga Tamariki system, including restoring a single Children’s Commissioner. “The Government is committed to delivering better public services that care for our most at-risk young people and ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Streamlining Building Consent Changes
    The Government is making it easier for minor changes to be made to a building consent so building a home is easier and more affordable, Building and Construction Minister Chris Penk says.      “The coalition Government is focused on making it easier and cheaper to build homes so we can ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Minister acknowledges passing of Sir Robert Martin (KNZM)
    New Zealand lost a true legend when internationally renowned disability advocate Sir Robert Martin (KNZM) passed away at his home in Whanganui last night, Disabilities Issues Minister Louise Upston says. “Our Government’s thoughts are with his wife Lynda, family and community, those he has worked with, the disability community in ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Speech to New Zealand Institute of International Affairs, Parliament – Annual Lecture: Challenges ...
    Good evening –   Before discussing the challenges and opportunities facing New Zealand’s foreign policy, we’d like to first acknowledge the New Zealand Institute of International Affairs. You have contributed to debates about New Zealand foreign policy over a long period of time, and we thank you for hosting us.  ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Accelerating airport security lines
    From today, passengers travelling internationally from Auckland Airport will be able to keep laptops and liquids in their carry-on bags for security screening thanks to new technology, Transport Minister Simeon Brown says. “Creating a more efficient and seamless travel experience is important for holidaymakers and businesses, enabling faster movement through ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Community hui to talk about kina barrens
    People with an interest in the health of Northland’s marine ecosystems are invited to a public meeting to discuss how to deal with kina barrens, Oceans and Fisheries Minister Shane Jones says. Mr Jones will lead the discussion, which will take place on Friday, 10 May, at Awanui Hotel in ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Kiwi exporters win as NZ-EU FTA enters into force
    Kiwi exporters are $100 million better off today with the NZ EU FTA entering into force says Trade Minister Todd McClay. “This is all part of our plan to grow the economy. New Zealand's prosperity depends on international trade, making up 60 per cent of the country’s total economic activity. ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Mining resurgence a welcome sign
    There are heartening signs that the extractive sector is once again becoming an attractive prospect for investors and a source of economic prosperity for New Zealand, Resources Minister Shane Jones says. “The beginnings of a resurgence in extractive industries are apparent in media reports of the sector in the past ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Ō-Rākau Remembrance Bill passes first reading
    The return of the historic Ō-Rākau battle site to the descendants of those who fought there moved one step closer today with the first reading of Te Pire mō Ō-Rākau, Te Pae o Maumahara / The Ō-Rākau Remembrance Bill. The Bill will entrust the 9.7-hectare battle site, five kilometres west ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government to boost public EV charging network
    Energy Minister Simeon Brown has announced 25 new high-speed EV charging hubs along key routes between major urban centres and outlined the Government’s plan to supercharge New Zealand’s EV infrastructure.  The hubs will each have several chargers and be capable of charging at least four – and up to 10 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Residential Property Managers Bill to not progress
    The coalition Government will not proceed with the previous Government’s plans to regulate residential property managers, Housing Minister Chris Bishop says. “I have written to the Chairperson of the Social Services and Community Committee to inform him that the Government does not intend to support the Residential Property Managers Bill ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Independent review into disability support services
    The Government has announced an independent review into the disability support system funded by the Ministry of Disabled People – Whaikaha. Disability Issues Minister Louise Upston says the review will look at what can be done to strengthen the long-term sustainability of Disability Support Services to provide disabled people and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Justice Minister updates UN on law & order plan
    Justice Minister Paul Goldsmith has attended the Universal Periodic Review in Geneva and outlined the Government’s plan to restore law and order. “Speaking to the United Nations Human Rights Council provided us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while responding to issues and ...
    BeehiveBy beehive.govt.nz
    1 week ago

Page generated in The Standard by Wordpress at 2024-05-08T05:20:44+00:00