Faafoi Kris: Smoke-free Environments (Controls and Enforcement) Amendment Bill — Instruction to Committee In Committee 
Faafoi Kris: Smoke-free Environments (Controls and Enforcement) Amendment Bill — Instruction to Committee In Committee 
[Volume:674;Page:20091] 
KRIS FAAFOI (Labour—Mana) 
: 
 Thank you very much Mr Chair for giving me the opportunity to speak to Part 2 of the Smoke-free Environments (Controls and Enforcement) Amendment Bill. It is nice to have the lights back on and to have a chance to talk in this debate. It is nice to have the lights back on! As I was having a Twitter debate with Tau Henare after the lights went off I will take this chance to touch on a couple of notes from his history lesson earlier—and it is good to see the Minister of Health the Hon Tony Ryall in the Chamber right now. Tau Henare might want to add just one aspect into his history lesson: about 2½ years ago the Minister of Health said there was no evidence to support the removal of tobacco advertising from our displays. I tell Mr Henare that he should add that one to his history lesson. I also received a letter from Imperial Tobacco; this is one instance where I will agree with Tau Henare. The fact that the company had the nerve to send us a letter that asked for its company to have more input—because it had the resources—with the Ministry of Health in order to discuss issues about tobacco laws is a bit on the nose. If the company is going to be so open let it open up everything it has on the research it has done into tobacco. 
Part 2 sets out amendments relating to offences and regulations further to Part 1. It sets out the penalties that are available to authorities if people are seen to be in breach of the new display regulations. I think it is good that this bill has teeth. There is a $10000 fine for anyone who is caught transgressing these measures. As a number of members have said there were a number of submissions on what the appropriate level of fines should be for both front-line staff and proprietors. I thank the officials for the work on that because we traversed a number of difficult issues. Getting the appropriate level of penalties and fines right in relation to this bill was difficult because we had a number of different submissions. So I thank the officials for that. 
Section 36(1A) amended in clause 12 sets up a $10000 fine for anyone who has transgressed in relation to display. But I will concentrate on new section 36(3A) inserted by clause 12 which states: “Every manufacturer importer distributor or retailer of tobacco products who in contravention of section 25A(1) sponsors … any organised activity commits an offence and is liable—(a) in the case of a manufacturer an importer or a distributor to a fine not exceeding $50000; or (b) in any other case to a fine not exceeding $10000.” This relates back to clauses 4(cb) and 4(cc) of Part 1. 
We should take notice of that because we should not underestimate just how sneaky the tobacco industry has been in relation to some of the ways it has tried to market without bending the rules. Tobacco companies have been very creative about how they promote themselves at various activities. They have entered into exclusive-sale arrangements with people who are holding activities and also into exclusive promotional rights. Although they do not explicitly say how they are pushing their products—and they cannot say because it has been illegal—they have been very particular about making sure they push their brand’s colours and their tobacco brands in that way. As a non-smoker I have been oblivious to these kinds of things but I know that it is amazing what lengths tobacco companies will go to in order to take promotion absolutely to the wire. As they sign up for these exclusive sole arrangements and covert sponsorship deals using brand colours I think this law will tighten that up and it will also put in a pretty hefty penalty of $10000 or $50000 as I mentioned earlier to make sure this kind of thing is cracked down on. 
As we sit here today and all support these changes I think we should also send a message to the tobacco companies that we will continue to be vigilant because as we change the rules here today they will be looking for ways to manipulate the new laws we are bringing in to make sure they can push their products and to make use of their vast resources to jump through loopholes. I am sure that the Minister in charge of this bill will be very aware of that and that all members of the House will be vigilant on that note. Part 2 as I said sets up the penalties and I think it is great that it has teeth.