Kia ora Spencer,
  
Thank you for your request for official information. The reference number
for your request is: H2024035220
  
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/  
  
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account. 

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: [3][email address] or by calling 0800
802 602.

 
Ngā mihi 
 
OIA Services Team 
[4]Ministry of Health information releases 
 
 
 

------------------- Original Message -------------------
From: Spencer Woodman <[FOI #25513 email]>;
Received: Thu Jan 25 2024 08:25:13 GMT+1300 (New Zealand Daylight Time)
To: OIA Requests <[email address]>; OIA <[email address]>;
Subject: Official Information request - Vape Regulation Information

Dear Ministry of Health,

This is for the Vaping Regulatory Authority. I am particularly interested
in understanding the processes and decision-making mechanisms involved in
the formulation and development of legislation.

I would like to obtain information on:

1.   Who was the decision maker, and who or which company provided legal
advice surrounding the interpretation of 50mg nicotine strength that
resulted the in Ministry of Health losing a court case and costing the tax
payers $249,267.50.
b. Who was the decision maker that made the call to refuse a meeting with
the affected vape retailer which would have saved the tax payers
$249,267.50?
c. Are the responsible parties for this cost to the tax payer still
employed by the Ministry Of Health, and/or still used for legal advice?
d. What is the total cost for this legal battle to the tax payer?
Including compensation to the other party.

2.   It has come to my attention that the current flavour naming
regulations may appear to include flavors that lack clarity or logic.
Furthermore, there seems to be a direct conflict with the Fair Trading
Act, particularly in cases where vape products, containing more than two
flavors or a flavor not on the list, may necessitate misrepresentation for
legal sale.

Given these concerns and the potential legal implications for the Ministry
of Health, I am seeking information to better understand:

a. What is the rationale behind the current formulation of flavour naming
regulations for vape products?
b. What considerations or assessments have been made regarding the
alignment of these regulations with the Fair Trading Act?
c. What steps or initiatives have been taken by the Ministry of Health to
address potential conflicts or legal challenges arising from the current
regulatory framework?
d. Who is responsible for developing the list of flavour names?
e. How many vape products utilize the flavour name "Oat"?
f. How many vape products utilize the flavour name "Clove"?
g. How many vape products utilize the flavour name "Pepper"?
h. How many vape products utilize the flavour name "Nutmeg"?

3. It was previously communicated by the Ministry of Health that vape
machines were required to have removable batteries. However, on January
24, 2024, there was a shift in the interpretation of the legislation,
indicating that merely having removable battery packs was no longer
sufficient, and the batteries themselves must now be removable.

To gain a better understanding of the rationale behind this change and its
implications, I kindly request the following information:

a.    The specific details and reasoning behind the initial requirement
for vape machines to have removable batteries.
b.    The reasons for the Ministry of Health's change in interpretation,
specifically necessitating the removal of the batteries themselves.
c.    Any studies, assessments, or expert opinions considered in making
this interpretation adjustment.
d.    Any consultations or feedback sought from industry experts, or the
public regarding this change.

4.    Please provide all relevant documentation, reports, or guidelines
that outline the responsibilities and roles of individuals or entities
involved in the legislative process.

I believe that transparency in this matter is crucial for ensuring public
confidence in the regulatory process and compliance with relevant
legislation. I request that you provide comprehensive information on the
above points within the statutory timeframe specified by the Official
Information Act.

If my request is denied in whole or in part, I request that you provide
written reasons for the denial, including reference to the specific
provisions of the Official Information Act that justify the withholding of
information.

Yours faithfully,

Spencer Woodman

 

****************************************************************************
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References

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1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. mailto:[email address]
4. https://www.health.govt.nz/about-ministr...

hide quoted sections

Kia ora Spencer,

 

Thank you for your request for official information received on 25 January
2024 requesting:

“1.   Who was the decision maker, and who or which company provided legal
advice surrounding the interpretation of 50mg nicotine strength that
resulted the in Ministry of Health losing a court case and costing the tax
payers $249,267.50.
b. Who was the decision maker that made the call to refuse a meeting with
the affected vape retailer which would have saved the tax payers
$249,267.50?
c. Are the responsible parties for this cost to the tax payer still
employed by the Ministry Of Health, and/or still used for legal advice?
d. What is the total cost for this legal battle to the tax payer?
Including compensation to the other party.

2.   It has come to my attention that the current flavour naming
regulations may appear to include flavors that lack clarity or logic.
Furthermore, there seems to be a direct conflict with the Fair Trading
Act, particularly in cases where vape products, containing more than two
flavors or a flavor not on the list, may necessitate misrepresentation for
legal sale.

Given these concerns and the potential legal implications for the Ministry
of Health, I am seeking information to better understand:

a. What is the rationale behind the current formulation of flavour naming
regulations for vape products?
b. What considerations or assessments have been made regarding the
alignment of these regulations with the Fair Trading Act?
c. What steps or initiatives have been taken by the Ministry of Health to
address potential conflicts or legal challenges arising from the current
regulatory framework?
d. Who is responsible for developing the list of flavour names?
e. How many vape products utilize the flavour name "Oat"?
f. How many vape products utilize the flavour name "Clove"?
g. How many vape products utilize the flavour name "Pepper"?
h. How many vape products utilize the flavour name "Nutmeg"?

3. It was previously communicated by the Ministry of Health that vape
machines were required to have removable batteries. However, on January
24, 2024, there was a shift in the interpretation of the legislation,
indicating that merely having removable battery packs was no longer
sufficient, and the batteries themselves must now be removable.

To gain a better understanding of the rationale behind this change and its
implications, I kindly request the following information:

a.    The specific details and reasoning behind the initial requirement
for vape machines to have removable batteries.
b.    The reasons for the Ministry of Health's change in interpretation,
specifically necessitating the removal of the batteries themselves.
c.    Any studies, assessments, or expert opinions considered in making
this interpretation adjustment.
d.    Any consultations or feedback sought from industry experts, or the
public regarding this change.

4.    Please provide all relevant documentation, reports, or guidelines
that outline the responsibilities and roles of individuals or entities
involved in the legislative process."

The Ministry of Health has decided to extend the period of time available
to respond to your request under section 15A of the Official Information
Act 1982 (the Act) as the consultations necessary to make a decision on
the request are such that a proper response to the request cannot
reasonably be made within the original time limit.

You can now expect a response to your request on, or before, 21 March
2023.

You have the right, under section 28 of the Act, to ask the Ombudsman to
review my decision to extend the time available to respond to your
request.

 

Ngâ mihi 

  

 

OIA Services Team

Manatû Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/

hide quoted sections

Kia ora Spencer,
Thank you for your request under the Official Information Act 1982 (the
Act) to Manatū Hauora (the Ministry of Health) on 25 January 2024. We are
requesting clarification on part 4 of your request:
“4.  Please provide all relevant documentation, reports, or guidelines
that outline the responsibilities and roles of individuals or entities
involved in the legislative process.”
Can you please advise which legislative process this part of the request
is referring to by the 8th of March 2024?
We look forward to your response.

Ngā mihi 

  

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/

hide quoted sections

Kia ora Spencer,

 

 

This email is to follow up on our clarification request, sent on 5 March
2024. We are still seeking clarification on part 4 of your request:

 

“4.  Please provide all relevant documentation, reports, or guidelines
that outline the responsibilities and roles of individuals or entities
involved in the legislative process.”

 

Can you please advise which legislative process this part of the request
is referring to by Thursday 14 March 2024?

 

We look forward to your response.

 

 

Ngā mihi 

  

 

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

 

------------------------------------------------------------------------

From: OIA Requests
Sent: Tuesday, 5 March 2024 10:36
To: Spencer Woodman <[FOI #25513 email]>
Subject: Refinement of your request for information ref: H2024035220
CRM:0287022

 

Kia ora Spencer,

 

Thank you for your request under the Official Information Act 1982 (the
Act) to Manatū Hauora (the Ministry of Health) on 25 January 2024. We are
requesting clarification on part 4 of your request:

 

“4.  Please provide all relevant documentation, reports, or guidelines
that outline the responsibilities and roles of individuals or entities
involved in the legislative process.”

 

Can you please advise which legislative process this part of the request
is referring to by the 8th of March 2024?

 

We look forward to your response.

 

Ngā mihi 

  

 

OIA Services Team

Manatū Hauora | Ministry of Health

M[3]inistry of Health information releases 
U[4]nite against COVID-19 

 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/
3. https://www.health.govt.nz/about-ministr...
4. https://covid19.govt.nz/

hide quoted sections

Kia ora Spencer,

 

Please see attached a letter regarding your request for information.

 

Ngā mihi 

  

 

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/

hide quoted sections

Kia ora Spencer,

 

Please see attached a letter regarding your request for information.

 

Ngā mihi 

  

 

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

 

****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************

References

Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/

hide quoted sections