HNZ00090435 Response.pdf

9 July 2025

Brynn Pierce
[FYI request #31253 email]

Tēnā koe Brynn
Your request for official information, reference: HNZ00090435
Thank you for your email on 10 June 2025, asking Health New Zealand | Te Whatu Ora for the
following under the Official Information Act 1982 (the OIA):
“Total number of controlled purchase operations undertaken within the Wellington Region,
since the beginning of 2025.

The percentage of stores which failed these controlled purchase operations.

The resulting enforcement actions taken against
a) Individuals, such as store attendants and owners
b) The company as a whole

The specific stores that have been visited, and the result from this investigation (ex, which
stores specifically passed/failed.) Health NZ's approach to issuing infringement notices
rather than starting criminal proceedings. My understanding is that infringement notices is
the usual approach; given the severity, and low penalty comparative to the profits, why is
this the case.

Health NZ's method for undertaking controlled purchase operations in Wellington, and the
frequency these are done at.
Reoffending rates, and what is done to manage this.”
Response
For clarity, I will address each part of your request.
Total number of controlled purchase operations undertaken within the Wellington Region,
since the beginning of 2025.
The percentage of stores which failed these controlled purchase operations.
The resulting enforcement actions taken against
a) Individuals, such as store attendants and owners
b) The company as a whole
I can advise that from 1 January 2025 to 4 July 2025; 34 premises have been tested for
compliance with the law where tobacco and regulated products must not be sold to persons under
18 years of age. Two of the 34 (5.9%) premises failed and sold to a minor.
The legal entity of each premises who sold to a young person under 18 years of age receives an
infringement notice of up to $2,000.
The specific stores that have been visited, and the result from this investigation (ex, which
stores specifically passed/failed.
Please refer to the below table for the compliance result of these 34 premises.

Table One: Premises visited between 1 January 2025 to 4 July 2025 and the compliance result.
Premises
Store
Result
Type*
Shosha Lower Hutt
SVR
No Sale
Park Ave Vape
SVR
No Sale
Discount T Vape Lower Hutt
SVR
No Sale
Cosmic Corner Lower Hutt
SVR
No Sale
Vape Hub Lower Hutt
SVR
No Sale
I-Vape Taita
SVR
No Sale
Vape King
SVR
No Sale
Vape Pen Zone
SVR
No Sale
The Vape Shop
SVR
No Sale
Vape & Juice Petone
SVR
No Sale
Kiwi Vapes
SVR
No Sale
Petone Vape
SVR
No Sale
E Vape Petone
SVR
No Sale
Supervape
SVR
Sale (Vape)
Shosha Otaki
SVR
No Sale
Otaki Minimart Vape Store
SVR
No Sale
Vape Vend Paraparaumu
SVR
No Sale
E-Vape Paraparaumu
SVR
No Sale
Caktus Vape
SVR
No Sale
Shosha Paraparaumu
SVR
No Sale
I-VAPE Shop Waikanae
SVR
No Sale
E Vape Waikanae
SVR
No Sale
Big Barrel Newtown
Tobacco
No Sale
Central Street
GR
No Sale
Coromandel Corner Store
GR
No Sale
Eastern Food Distributors
GR
No Sale
Jimmy’s Fruit Mart
GR
Sale (Vape)
New World Newtown
GR
No Sale
One General Grocer Newtown
GR
No Sale
Vasana Traders
Tobacco
No Sale
E Vape Newtown
SVR
No Sale
Capital Mart
GR
No Sale
Invincible mini-mart
GR
No Sale
Willis Street Superette
GR
No Sale

*SVR Specialist vape retailer, GR general retailer who sells tobacco and regulated products
including vapes, Tobacco sells tobacco products only.
Health NZ's approach to issuing infringement notices rather than starting criminal
proceedings. My understanding is that infringement notices is the usual approach; given the
severity, and low penalty comparative to the profits, why is this the case.
Health NZ takes a graduated and proportionate approach to enforcement to ensure responses are
appropriate to the nature and seriousness of the offending. Infringement notices are typically

issued as the first enforcement step to address breaches of regulated product laws. This allows for
timely intervention to correct non-compliance before next steps of legal action.
Prosecutions are generally reserved for the most serious or deliberate breaches, or where a
retailer demonstrates an ongoing pattern of non-compliance, despite receiving infringement notices
or other enforcement action.
Health NZ's method for undertaking controlled purchase operations in Wellington, and the
frequency these are done at.
Controlled purchase operations (CPOs) involve trained young persons aged 15–17 years who
enter retail premises and attempt to purchase products that are legally restricted based on age. In
selecting sites for CPOs, Wellington staff prioritise premises based on a range of factors; including
prior compliance history, local demographics and levels of deprivation, complaints received and the
time elapsed since the last operation. The CPOs are typically conducted during school holidays,
when participating young people are more readily available.
Repeat CPOs are conducted with those who breach the Smokefree, Environments and Regulated
Products Act (SERPA).
Reoffending rates, and what is done to manage this
Health NZ closely monitors compliance trends, including instances of reoffending by retailers and
individuals. Where a pattern of non-compliance is identified, stronger enforcement responses i.e.
prosecution, approval suspension can be applied to ensure repeated breaches are appropriately
addressed.
How to get in touch
If you have any questions, you can contact us at [email address].
If you are not happy with this response, you have the right to make a complaint to the
Ombudsman. Information about how to do this is available at www.ombudsman.parliament.nz or
by phoning 0800 802 602.
As this information may be of interest to other members of the public, Health NZ may proactively
release a copy of this response on our website. All requester data, including your name and
contact details, will be removed prior to release.
Nāku iti noa, nā

Sasha Wood
Head of Government Services
Health New Zealand | Te Whatu Ora

TeWhatuOra.govt.nz
Health NZ, PO Box 793,
Wellington 6140, New Zealand