G/TBT/N/NZL/109  
22 December 2021  
(21-9588) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  NEW ZEALAND   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Ministry of Health  
PO Box 5013  
Wellington 6140  
NEW ZEALAND  
Email: tobacco@health.govt.nz   
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authorit y designated to handle comments 
regarding the notification shall be indicated if different from above:   
Standards New Zealand  
Phone: +64 4 498 5990  
Email: wto@standards.co.nz  
Website: www.standards.govt.nz   
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [X], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  24.01 
Unmanufactured tobacco; tobacco refuse: 2401.10 – Tobacco, not stemmed/stripped: 
24.02 Cigars, cheroots, cigarillos, and cigarettes, of tobacco or of tobacco substitutes: 
24.03 Other manufactured tobacco and manufactured tobacco su bstitutes; 
"homogenised" or "reconstituted" tobacco; tobacco extracts and essences: Smoked 
tobacco products that are combustible and intended to be smoked and inhaled. This 
includes cigarettes, loose tobacco, pipe tobacco, roll your own tobacco, cigarillos , small 
cigars, cigars, and any other smoked niche tobacco product.; Unmanufactured tobacco; 
tobacco refuse (HS 2401); Tobacco, unstemmed or unstripped (HS 240110); Cigars, 
cheroots, cigarillos and cigarettes of tobacco or of tobacco substitutes (HS 2402);  
Manufactured tobacco and manufactured tobacco substitutes and "homogenised" or 
"reconstituted" tobacco, tobacco extracts and tobacco essences (excl. cigars, incl. 
cheroots, cigarillos and cigarettes) (HS 2403)  
5. Title, number of pages and language(s) of  the notified document:  Proposed 
changes can be found in the following links:  
• Smokefree Aotearoa 2025 Action Plan - Smokefree Aotearoa 2025 Action Plan - 
Auahi Kore Aotearoa Mahere Rautaki 2025 | Ministry of Health NZ; and  
• Cabinet paper - Smokefree Aotearoa 2025 Action Plan approval, pages 5 -6 -
https://www.health.govt.nz/system/files/documents/information -
releas e/cabinet_paper_smokefree_action_plan_2025.pdf  G/TBT/N/NZL/109  
 
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  6. Description of content:  The Smokefree Aotearoa 2025 Action Plan proposes that the 
Smokefree Environments and Regulated Products Act 1990 (the Act), be amended to 
introduce new requirements for smoked tobac co products.  
The amendments may include:  
• regulatory powers to restrict the design of smoked tobacco products to reduce 
their appeal and addictiveness, including restricting the levels of nicotine to very 
low levels.    
• legislation whereby only smoked tobac co products that meet requirements for 
constituents shall be able to be manufactured, imported, or offered for sale or 
supply in New Zealand.  
• legislation setting out a pre -market application process requiring manufacturers 
or importers to seek approval for smoked tobacco products, prior to sale or 
import. Testing via an approved laboratory may be required, both prior to sale 
or import, and subsequently on a regular basis.  
7. Objective and rationale, including the nature of urgent problems where  
applicable:  Protection of human health or safety  
8. Relevant documents:   
• Smokefree Aotearoa 2025 Action Plan - Smokefree Aotearoa 2025 Action Plan - 
Auahi Kore Aotearoa Mahere Rautaki 2025 | Ministry of Health NZ    
• Cabinet paper - Smokefree Aotearoa 2025 Action Plan approval, pages 5 -6 -
https://www.health.govt.nz/system/files/documents/information -
releas e/cabinet_paper_smokefree_action_plan_2025.pdf   
• Smokefree Environments and Regulated Products Act 1990 - 
https://legislation.govt.nz/act/public/1990/0108/latest/DLM223191.html?search
=ts_act%40bill%40regulation%40deemedreg_smokefree_resel_25_a&p=1   
9. Proposed date of adoption:  Legislation will be passed by end 2022  
Proposed date of entry into force:  Adoption of measures prior to 2025  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Ministry of Health  
PO Box 5013  
Wellington 6140  
New Zealand  
tobacco@health.govt.nz