The Misuse of Drugs Amendment Bill and Supplementary Order Paper 298
Submissions of the New Zealand Retailers Association to the Health Select Committee in respect of
The Misuse of Drugs Amendment Bill (No 3) and Supplementary Order Paper 298
January 2005
Introduction
These submissions are presented by the New Zealand Retailers Association.
Background
The Association is the largest trade association involved in the retail industry in New Zealand. We represent an industry that has annual sales of $50b, and which employs some 325,000 people (17% of the workforce) in some 49,000 outlets throughout New Zealand. Our membership includes the major supermarket and general merchandise chain stores, specialised chains, traditional department stores and thousands of owner operators. We also represent a number of specialised trade groups of plumbing materials suppliers, metal fastener distributors, bicycle dealers, pet shops, jewellers and equestrian suppliers.
Overview of Submission
The Association has not historically involved itself in making submissions on this type of legislation which has traditionally been seen as outside of our core areas of interest. Nevertheless, the proposals contained in the Supplementary Order Paper do have implications for the retail industry, and we consider it is important that we make a submission as the SOP 298 proposals could well lead to restrictions upon substances that currently are legally able to be sold within New Zealand.
The Association is well aware of the detrimental affect that drugs have upon society at large as well as individual citizens of New Zealand. We accept that such proven harmful substances such as Class A, B or C drugs should quite correctly be banned. However, as a general principle, we question a process that without adequate consultation could lead to a ban of sales on substances that currently are legally available for sale to the public in general retail outlets throughout the country.
We note that the principle intent of the SOP proposals is to provide for the possibility of some form of regulation for legal substances which are subject to abuse but which do not warrant risk Class A, B or C drug classifications. We note that a "blank" schedule is proposed to be created for such substances and that such substances would only be added to the schedule after they had been assessed by the Expert Committee on Drugs and recommendations made to the Associate Minister of Health on the types of controls that may be proposed, such as possible restrictions, on age, labelling and advertising.
If the Select Committee is mindful to support this SOP we consider it is highly desirable to include an amendment that would require appropriate consultation with interested parties, not only by the Expert Committee on Drugs, but also by the Associate Minister of Health prior to the acceptance of a specific recommendation from the Expert Committee on Drugs that some forms of restriction was warranted on a particular substance.
Such consultation is a mandatory requirement under, for instance, the Fair Trading Act where the Minister of Consumer Affairs is required to consult prior to the enactment of any product safety or consumer information standards that may be gazetted under the Fair Trading Act.
We see such a requirement to consult likely affected interested parties such as retailers is essential if in fact general types of consumer goods such as petrol, glue, hair spray, air fresheners, lighter fluids and nail polishes and laughing gases are to be brought under the purview of the proposed new regime.
In summary we do not question the need for adequate safeguards against the misuse of drugs. However, we see that the ultimate affect of the SOP proposals could be to remove the current individuals' responsibility to determine whether or not a particular substance or product should or should not be purchased and used for a particular purpose. Accordingly we consider it is essential that interested parties should have the opportunity of making appropriate submissions on a particular substance either to the Expert Committee on Drugs or to the Associate Minister of Health before any decisions are taken that could place impediments on the availability of a particular substance. We need to ensure that we don't restrict sensible use for the vast majority of the population to overcome a problem of personal responsibility for the few.
We would like the opportunity to appear to speak to our submissions
New Zealand Retailers Association
January 2005
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