The purpose of this Act is to regulate the availability of psychoactive substances in New Zealand to protect the health of, and minimise harm to, individuals who use psychoactive substances.

In performing functions or duties or exercising powers (either individually or collectively) under this Act, a person or body must take into account the following principles to the extent that they are relevant to those functions, duties, or powers:

This Act applies to the importation, manufacture, sale, supply, or possession of a psychoactive substance or approved product for the primary purpose of inducing a psychoactive effect in an individual who uses the substance or product.

Schedule 1 contains application, savings, and transitional provisions that affect this Act’s other provisions as from time to time amended, repealed, or repealed and replaced (see section 107).

In this Act,—

This section is a guide only to the general scheme and effect of this Act and does not limit or affect the other provisions of this Act.

This Act binds the Crown.

In this Act, unless the context otherwise requires,—

In this Act, unless the context otherwise requires, psychoactive substance means a substance, mixture, preparation, article, device, or thing that is capable of inducing a psychoactive effect (by any means) in an individual who uses the psychoactive substance.

Psychoactive substance includes—

Despite subsections (1) and (2), psychoactive substance does not include—

This section establishes the Psychoactive Substances Regulatory Authority.

The Authority is the Director-General of Health.

The office of the Authority must be administered by the Ministry.

This section establishes the Psychoactive Substances Expert Advisory Committee.

The functions of the advisory committee are—

For the purposes of subsection (2)(a), the matters that the advisory committee must have regard to in evaluating psychoactive products include—

The advisory committee may comprise up to 6 members who between them must have appropriate expertise in—

The Authority may appoint members of the advisory committee on any terms and conditions that the Authority thinks fit.

The Authority must appoint 1 member as chairperson of the advisory committee.

The Authority must consult the Minister before making an appointment to the advisory committee.

The Authority may give terms of reference—

The advisory committee may, subject to any provision of this Act or the regulations, determine its own procedure.

In performing its functions under this Act, the advisory committee must—

The advisory committee must provide the Minister with a written annual report of its operations.

In performing the function set out in section 11(2)(a), the advisory committee must not have regard to the results of a trial that involves the use of an animal.

However, the advisory committee may have regard to the results of a trial undertaken overseas that involves the use of an animal if the advisory committee considers that the trial shows that the psychoactive product would pose more than a low risk of harm to individuals using the product.

A person who is a New Zealand resident may apply to the Authority for 1 or more of the following licences:

An application must—

The Authority may refuse to process an application for a licence if the application does not comply with section 13.

If the Authority refuses to process an application under subsection (1), the Authority must give the applicant written notice of the refusal and the reasons for it.

The Authority may request an applicant for a licence to supply further particulars, information, documents, or other material before deciding whether to grant a licence.

An application for a licence lapses if the further particulars, information, documents, or other material requested is not supplied within—

The Authority must grant a licence if the Authority is satisfied that—

In determining under subsection (1)(c) or (d) whether an applicant is a fit and proper person to hold a licence or a body corporate of good repute, the Authority must take into account—

For the purposes of subsection (2)(a), relevant offence means—

It is a condition of a licence to import that the licence holder must, before each importation of a psychoactive substance by the licence holder,—

It is a condition of a licence to manufacture that the licence holder must comply with the code of manufacturing practice at all times.

It is a condition of a licence to sell psychoactive substances that are not approved products that the licence holder may only sell psychoactive substances in New Zealand to a person who holds—

It is a condition of every licence that the licence holder must—

It is a condition of every licence that the licence holder must, before each exportation of a psychoactive substance by the licence holder,—

The Authority may, when granting a licence, impose any other conditions on the licence in addition to a relevant condition specified in section 17 that the Authority thinks fit.

If a licence holder asks the Authority for the reasons for imposing conditions on the licence under subsection (1), the Authority must, as soon as practicable, provide written reasons.

A licence remains in force for 3 years after the date that it is granted unless—

A licence may not be transferred to, or vest by operation of law in, a person other than the person who was granted the licence.

If the Authority proposes to refuse to grant a licence, the Authority must give the applicant—

If, after considering any submissions provided by the applicant under subsection (1)(b), the Authority decides to refuse to grant the licence, the Authority must, as soon as practicable, give the applicant written notice of—

The Authority may suspend or cancel a licence if the Authority is satisfied, at any time after the licence has been granted, that—

The Authority may suspend a licence under subsection (1), for a period of time that is reasonable in the circumstances, to enable the Authority to consider whether to cancel the licence.

The Authority may cancel a licence under subsection (1) only after—

If a licence holder asks the Authority for the reasons for the suspension or cancellation of the licence, the Authority must, as soon as practicable, provide written reasons.

If a licence holder ceases to undertake the activity to which a licence relates, the licence holder must, within 30 days of ceasing to undertake the activity, surrender the licence to the Authority.

A licence holder may surrender a licence at any other time.

On receiving a licence under subsection (1) or (2), the Authority must cancel the licence.

A person commits an offence in respect of an application for a licence if the person provides information that the person knows, or ought to have known, is false or misleading in any material respect.

A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both.

A person must not, without reasonable excuse, import a psychoactive substance without a licence to import.

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

A person must not, without reasonable excuse, manufacture a psychoactive substance without a licence to manufacture.

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

A person must not, without reasonable excuse, sell an approved product by retail or by wholesale without an appropriate licence that authorises the sale.

A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $40,000.

A person who holds a licence must not breach any conditions of the licence.

A person who contravenes subsection (1) commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both.

The Authority must issue a code of manufacturing practice relating to the manufacture of psychoactive substances.

The code must come into force no later than 6 months after the commencement of this Act.

In developing the code and any amendments to it, the Authority must—

The Authority must ensure that the code, and any amendment to the code, specifies the date on which it takes effect.

The code is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

This section applies to a manufacturing facility in which a psychoactive substance is being manufactured under a licence to manufacture.

For the purpose of assessing whether the manufacturing facility complies with the code and, if applicable, any conditions of the licence to manufacture, the Authority may do 1 or both of the following:

The Authority may conduct an audit under subsection (2)(a) in any manner that the Authority considers is appropriate and consistent with the principles of this Act.

The Authority may authorise a person (an authorised person) to enter a manufacturing facility during the normal business hours of the facility and to exercise any power set out in this section for the purpose of—

For the purpose of subsection (1)(a) or (b), an authorised person may—

An authorised person must provide—

The Authority must ensure that—

An authorisation under subsection (1) must be in writing and specify—

For the purposes of subsection (1), enter a manufacturing facility includes to go on, into, under, or over the manufacturing facility.

The Authority may issue a compliance notice to any person whose manufacturing facility has been audited under section 30 that requires the person to do, or to refrain from doing, within a specified time, a particular thing that affects the person’s compliance with the code of manufacturing practice or any condition of the person’s licence to manufacture.

A person who is a New Zealand resident may apply to the Authority for approval of a psychoactive product as an approved product.

The application must—

The application must not be accompanied by, or contain, any particulars, information, documents, or other material relating to any trial that the advisory committee must not have regard to under section 12.

The Authority may refuse to process an application for approval of a product if the application does not comply with section 33.

If the Authority refuses to process an application under subsection (1), the Authority must give the applicant written notice of the refusal and the reasons for it.

The Authority may request an applicant to supply further particulars, information, documents, samples, or other material before deciding whether to approve a psychoactive product as an approved product.

An application for approval of a product lapses if the requested further particulars, information, documents, samples, or other material is not supplied within—

This section applies if the Authority has received an application for approval of a psychoactive product under section 33 that includes confidential supporting information specified in, or given in relation to, the application.

The Authority—

Despite subsection (2), the Authority may, during the protected period, disclose the confidential supporting information referred to in subsection (1)—

In this section,—

The Authority must approve a psychoactive product as an approved product if the Authority is satisfied that—

To avoid doubt, if the Authority is unable to satisfy itself of the matter in subsection (1)(b), the Authority must refuse to approve a psychoactive product as an approved product.

In deciding whether or not to approve a psychoactive product as an approved product, the Authority must not have regard to any particulars, information, documents, or other material relating to any trial that the advisory committee must not have regard to under section 12.

The Authority may, when approving a psychoactive product, impose conditions on the approval as the Authority thinks fit.

If the applicant asks the Authority for the reasons for imposing conditions under subsection (1), the Authority must, as soon as practicable, provide written reasons.

If the Authority proposes to refuse to approve a psychoactive product as an approved product, the Authority must give the applicant—

If, after considering any submissions provided by the applicant under subsection (1)(b), the Authority decides to refuse to approve the product, the Authority must, as soon as practicable, give the applicant written notice of—

The Authority may, at any time, by notice in the Gazette, revoke an approval of a psychoactive product granted under section 37 if the Authority considers on reasonable grounds that the product poses more than a low risk of harm to individuals using the product.

If the Authority revokes an approval, the Authority—

A person commits an offence in respect of an application for approval of a psychoactive product if the person—

A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both.

A person commits an offence if, without reasonable excuse, the person imports, manufactures, or sells an approved product in breach of any conditions of the approval imposed by the Authority under section 38.

A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both.

The Authority must keep and maintain a register of—

The purpose of the register is—

The Authority must publish the register on an Internet site maintained by, or on behalf of, the Authority.

This section is subject to section 36.

This section establishes the Psychoactive Substances Appeals Committee.

The function of the appeals committee is to determine appeals against decisions of the Authority made by or under this Act.

The appeals committee must consist of 3 members, each appointed by the Minister on any terms and conditions that the Minister thinks fit.

One member of the appeals committee must be a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006) of not less than 7 years’ legal experience.

The appeals committee may, subject to any provision of this Act or the regulations, regulate its own procedure.

In performing its functions or exercising its powers under this Act, the appeals committee must—

A person who has applied for a licence under section 13 or been granted a licence under section 16 may appeal to the appeals committee against any decision of the Authority—

A person who has applied for approval of a psychoactive product under section 33 may appeal to the appeals committee against any decision of the Authority—

The appeal under subsection (1) or (2) must be made within 60 days after the decision appealed against is given, or within any further period that the appeals committee may allow.

A decision of the Authority against which an appeal is lodged continues in force unless the appeals committee orders otherwise.

An appeal under subsection (1) or (2) is by way of rehearing.

On hearing the appeal, the appeals committee may—

The appeals committee must not review any decision, or any part of a decision, not appealed against.

The appeals committee may, instead of determining any appeal under section 45, direct the Authority to reconsider, either generally or in respect of any specific matter, the whole or any part of the matter to which the appeal relates.

In giving any direction under subsection (1), the appeals committee must—

In reconsidering any matter referred back to it under subsection (1), the Authority must have regard to the appeals committee’s directions and the appeals committee’s reasons for giving the directions.

An appeal against a determination or direction of the appeals committee on a question of law only may be made to the High Court in accordance with the rules of court.

A person under the age of 18 years commits an offence if the person buys or possesses any psychoactive substance, including an approved product.

Subsection (1) does not apply to a person who buys a psychoactive substance or an approved product at the request of a constable or an enforcement officer acting in the course of his or her duties.

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $500.

A person must not sell an approved product to a person who is under the age of 18 years.

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

It is a defence to a charge under subsection (2) if the defendant proves that he or she had reasonable grounds to believe that the person to whom the approved product was sold was aged 18 years or over.

Without limiting subsection (3), reasonable grounds exist for the purposes of that subsection if the defendant proves that, before or at the time of the sale of the approved product,—

It is not a defence to a charge under subsection (2) that—

A person must not supply an approved product to a person—

A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

It is a defence to a charge under subsection (2) if the defendant proves that he or she had reasonable grounds to believe that the person to whom the approved product was supplied was aged 18 years or over.

Without limiting subsection (3), reasonable grounds exist for the purposes of that subsection if the defendant proves that, before or at the time of the supply of the approved product, there was produced to the defendant a document purporting to be an approved evidence of age document, and the defendant believed on reasonable grounds that the document—

It is not a defence to a charge under subsection (2) that—

Subsections (1) and (2) do not apply to a person who is acting in the performance or exercise of a function, duty, or power under this Act or any other enactment.

Subsection (2) applies irrespective of any liability that may attach to a person who has supplied the approved product concerned to any other person.

A person must not employ a person under the age of 18 years to sell (including by Internet sale) an approved product on behalf of the person.

A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

A person must not sell an approved product from any of the following:

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

This section applies to an offer of an approved product by Internet sale to which a prescribed restriction or prescribed requirement applies.

A person must not offer an approved product by Internet sale in a way that does not comply with the prescribed restriction or prescribed requirement.

A person who contravenes subsection (2) commits an offence and is liable on conviction,—

A manufacturer, importer, wholesaler, or retailer of an approved product must not—

A manufacturer, importer, wholesaler, or retailer of an approved product must not—

Subsection (2) does not apply to a payment or reward to any person who purchases or attempts to purchase an approved product—

A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—

A person must not sponsor an organised activity that is to take place, is taking place, or has taken place, in whole or in part, in New Zealand and that involves the use of, in the name of that activity, or on or through any thing other than an approved product, 1 or more of the following:

A person sponsors an activity for the purposes of subsection (1) if the person does 1 or more of the following:

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

A person must not advertise an approved product—

A person must not advertise an approved product—

Advertising for an approved product (except a product sold by Internet sale)—

A person must not advertise an approved product in a way that does not comply with subsection (3).

A person who contravenes subsection (1), (2), or (4) commits an offence and is liable on conviction,—

This section applies to a retailer of an approved product.

The retailer of an approved product may display the retailer’s name or trade name at the outside of the retail premises from which approved products are sold, but only if that name is not and does not include either or both of the following:

A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

A label for an approved product must not be designed in a manner or way, or using a medium or form, so as to particularly appeal, or to be likely to particularly appeal, to minors.

A label for an approved product must include the following information in a prominent position on the label:

A person must not sell an approved product with a label that does not comply with subsection (1) or (2).

A person who contravenes subsection (1), (2), or (3) commits an offence and is liable on conviction,—

A person must not sell an approved product to which a prescribed restriction or prescribed requirement relating to packaging applies in a package that does not comply with that restriction or requirement.

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

A person must not sell an approved product without an appropriate health warning relating to the product on the label.

For the purposes of subsection (1), the health warning must contain the information prescribed in the regulations.

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

A person must not sell an approved product to which a prescribed requirement relating to signage applies without displaying signage that complies with that requirement.

A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

A person who sells an approved product to which a prescribed restriction or prescribed requirement relating to storage or display applies must not store or display the product in a way that does not comply with that restriction or requirement.

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

An importer, manufacturer, or seller of a psychoactive substance to which a prescribed restriction or prescribed requirement relating to disposal applies must not dispose of the substance in a way that does not comply with that restriction or requirement.

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

A person who holds a licence under this Act in respect of psychoactive substances or approved products must—

A person who fails to comply with subsection (1) commits an offence and is liable on conviction,—

This section applies if a person has been convicted of any offence under this Act and, within 2 years of being sentenced for that offence, the person is convicted of another offence under this Act.

In imposing the sentence for the second or subsequent offence, the court may (in addition to any sentence it might impose and any other order in the nature of a penalty it might make) make an order—

The order must state—

A person who contravenes an order made under subsection (2) commits an offence and is liable on conviction to a fine not exceeding $50,000.

Any territorial authority may have a policy relating to the sale of approved products within its district.

A local approved products policy may—

No territorial authority is required to have a local approved products policy.

Two or more territorial authorities may adopt a single local approved products policy for their districts.

If subsection (1) applies, the 2 or more territorial authorities are to be treated in respect of the local approved products policy as if they were a single territorial authority with a single district.

A local approved products policy may include policies on 1 or more of the following matters:

A territorial authority that wishes to have a local approved products policy must adopt the policy in accordance with the special consultative procedure in section 83 of the Local Government Act 2002.

A local approved products policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

A territorial authority must, as soon as practicable after adopting or amending a local approved products policy, provide a copy of the policy to the Authority.

A territorial authority must complete a review of a local approved products policy within 5 years after the policy is adopted and then at intervals of not more than 5 years.

A local approved products policy does not cease to have effect because it is due for review or is being reviewed.

A person commits an offence if the person, without reasonable excuse,—

Subsection (1) does not apply to a person who holds a licence to sell psychoactive substances that are not approved products that applies to the psychoactive substance.

Subsection (1) also does not apply to—

A person who commits an offence against subsection (1) is liable on conviction,—

A person commits an offence if the person has a psychoactive substance that is not an approved product in his or her possession.

Subsection (1) does not apply to a person who holds a licence in respect of the psychoactive substance.

Subsection (1) also does not apply to a drug and substance checking service provider if the service provider has possession of the psychoactive substance in the course of performing the service provider’s functions.

Subsection (2A) is subject to the conditions of the service provider’s licence.

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $500.

In this subpart,—

A person who is alleged to have committed an infringement offence may—

If a constable observes a person committing an infringement offence, or has reasonable grounds to believe that such an offence is being or has been committed by the person, the constable may serve an infringement notice in respect of the offence on the person.

A constable (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence.

An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.

An infringement notice must be in the prescribed form and must contain the following particulars:

If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with all necessary modifications.

All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.

The Authority may appoint enforcement officers to enforce this Act.

A person appointed as an enforcement officer may be—

A person appointed under subsection (1) is not by virtue of that appointment alone—

The Authority must not appoint a person under subsection (1) unless the Authority is satisfied that the person is suitably qualified and trained and is a fit and proper person for appointment as an enforcement officer.

The Authority may do 1 or more of the following:

An enforcement officer must have an instrument of appointment identifying the holder as an enforcement officer appointed under this section.

An enforcement officer’s instrument of appointment must state—

A constable may enter and search a place (except private premises), vehicle, or other thing without a warrant if the constable has reasonable grounds—

The provisions of Part 4 (except subpart 3) of the Search and Surveillance Act 2012 apply.

An enforcement officer or a constable may at any reasonable time enter and inspect any retail premises (or any part of the premises) to ascertain whether the licence holder is complying with the provisions of this Act and the conditions of the licence.

For the purposes of subsection (1), an enforcement officer or a constable may—

A person must not, without reasonable excuse,—

The licence holder or any other person appearing to be in charge of the retail premises (or any part of the premises) must not, without reasonable excuse, refuse or fail—

A person who contravenes subsection (3) or (4) commits an offence and is liable on conviction to a fine not exceeding $2,000.

An issuing officer (within the meaning of section 3(1) of the Search and Surveillance Act 2012) may issue a search warrant in relation to a place, vehicle, or other thing if, on application made by an enforcement officer or a constable in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds—

The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

Subsection (2) applies to an enforcement officer or a constable who, at any time, has reasonable grounds to suspect that within the previous 14 days an approved product was sold to a person under the age of 18 years at a place in contravention of section 49.

The enforcement officer or constable may,—

An enforcement officer or a constable who suspects that a person referred to in subsection (2)(a) is under the age of 17 years must not require that person to give the officer or constable his or her name and address and date of birth unless—

If an enforcement officer or a constable suspects that a person referred to in subsection (2)(b) is under the age of 17 years, the enforcement officer or constable must not require that person to give the name and address and date of birth of any other person if the other person is in the place concerned and appears to be of or over the age of 17 years.

The powers conferred by this section must be used only for, and only to the extent necessary for, finding out the name and address of (or, if the address is not within the knowledge of the person asked, the name and any other identifying information within that person’s knowledge and relating to) a person the enforcement officer or constable believes to have sold an approved product to a person under the age of 18 years.

A constable who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit an offence against section 48, 50, or 71 may require the person to provide particulars of his or her full name and address and date of birth.

A constable who believes on reasonable grounds that any particulars provided under subsection (1) are false may require the person concerned to provide satisfactory evidence of the particulars.

A constable may seize and remove a psychoactive substance or an approved product if the constable has reasonable grounds to believe that an offence against this Act has been, is being, or is about to be committed in respect of the psychoactive substance or approved product.

If a person is found guilty of an offence against this Act in respect of a psychoactive substance or an approved product seized under subsection (1), the psychoactive substance or approved product is forfeit to the Crown.

A psychoactive substance or an approved product is forfeit to the Crown if—

If a person is acquitted of an offence against this Act, the psychoactive substance or approved product seized under this section in relation to the offence—

If subsection (2), (3), or (4) does not apply, subpart 6 of Part 4 of the Search and Surveillance Act 2012 applies in respect of a psychoactive substance or an approved product that is seized under subsection (1).

A person commits an offence if the person—

A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500.

An enforcement officer, a constable, a Customs officer, or an officer of a relevant law enforcement agency with which there is an agreement of the kind referred to in subsection (3)(a) who is involved in an international controlled delivery—

Subsection (1) does not affect the liability of any person charged with an offence under this Act.

In this section, international controlled delivery means allowing a psychoactive substance to pass through or into the territory of 1 or more countries—

If a person (the agent) commits an offence against this Act while acting as an agent (including a contractor) or employee of another person (the principal), the principal commits the same offence if it is proved—

If a body corporate commits an offence against this Act, every director and every person concerned in the management of the body corporate commits the same offence if it is proved—

The Authority may, by notice in the Gazette, declare a person or body to be a recognised authority—

Before declaring a person or body to be a recognised authority for a specified purpose under this Act or a provision of this Act, the Authority must be satisfied that the person or body (whether in New Zealand or overseas)—

The Authority may, by notice in the Gazette, approve a laboratory for the purposes of this Act.

An approval under subsection (1) may be granted on the terms and conditions (if any) that the Authority thinks fit and that are specified in the notice approving the laboratory.

The Authority may issue a recall order to the importer, manufacturer, wholesaler, or retailer of an approved product.

On receipt of a recall order, the importer, manufacturer, wholesaler, or retailer of the approved product must—

An importer, manufacturer, wholesaler, or retailer who fails to comply, in any respect, with a recall order issued under subsection (1) or any requirement under subsection (2) commits an offence and is liable on conviction,—

In this section, recall order means an order directing the recall of an approved product or requiring the destruction of an approved product because the Authority has reasonable grounds to believe that the approved product poses more than a low risk of harm to individuals using the product.

A person may apply to the Authority for an export certificate in relation to an approved product.

An application for an export certificate must—

An export certificate is a written statement that the Authority is satisfied that the approved product poses no more than a low risk of harm to individuals using the approved product.

The Authority may determine the form and content of the export certificate.

The Authority may withdraw the export certificate at any time if the approval of the product is revoked under section 40 or the Authority is satisfied that—

An export certificate is not a guarantee that the approved product—

The Minister must take all reasonable steps to ensure that the direct and indirect costs of administering this Act that are not provided for by money appropriated by Parliament for the purpose are recovered under this subpart, whether by way of fees, levies, or otherwise.

In determining the most appropriate method of cost recovery under section 90, the Minister must, as far as is reasonably practicable, have regard to the following principles:

Costs should not be recovered under this subpart unless—

Subsection (2) does not require consultation in relation to specific fees or charges, or the specific levels of fees or charges, as long as the fees or charges are set reasonably within the scope of any general consultation.

A failure to comply with subsection (2) does not affect the validity of any regulations made for the purposes of this subpart.

This section does not require the strict apportionment of the costs that are to be recovered for a particular function or service based on usage.

Without limiting the way in which fees and charges may be set under this subpart, a fee or charge may be set at a level or in a way that—

The methods by which costs may be recovered under this subpart are as follows:

Except as provided in subsection (2), any regulations under this subpart that set a fee, charge, or levy that applies in any financial year—

Subsection (1) does not prevent the alteration or setting during any financial year of a fee, charge, or levy payable in that year if—

Subsection (1) does not prevent the amendment of any regulation setting a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.

Recovery may be made in any financial year of any shortfall in cost recovery for any of the preceding 4 financial years, and allowance may be made for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).

The Minister must review the levels and methods of cost recovery in relation to any class of psychoactive substance or approved products, persons, or other matter at least once in every 3-year period occurring since the original setting of, or latest change to, the cost recovery of those things.

The Minister must ensure that appropriate consultation takes place in relation to any such review.

A review may make provision for recovery in any relevant financial year of any shortfall in cost recovery for any of the preceding 4 financial years, or make allowance for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).

Subsection (1) does not—

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the payment of fees or charges.

The regulations may—

If an exemption is provided under subsection (2)(c), the reasons for it must be set out in the explanatory note of the regulations.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the payment of a levy.

The regulations may—

If an exemption is provided under subsection (2)(f), the reasons for it must be set out in the explanatory note of the regulations.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

This section applies if a fee, charge, or levy imposed by regulations made under section 95 or 96 is wholly or partly unpaid 20 working days after a request for payment.

The Authority may recover the fee, charge, or levy from a person responsible for paying it as a debt due in a court of competent jurisdiction.

A person specified in subsection (2) must, as soon as is reasonably practicable, notify the Authority if the person becomes aware of any adverse reaction arising from the use of a psychoactive substance or an approved product by any individual (whether in New Zealand or overseas).

The persons are—

A notification under subsection (1) must include—

A person who contravenes subsection (1) commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations declaring, by name or description,—

Before making a recommendation under subsection (1), the Minister must—

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

Applications for licences and approvals

Place-of-sale restrictions or prohibitions

Internet sales restrictions or requirements

Advertising restrictions or requirements

Labelling restrictions or requirements

Packaging restrictions or requirements

Health warnings

Signage requirements

Quantity, dosage, and serving restrictions or requirements

Restrictions or prohibitions on form of approved products

Storage, display, and disposal restrictions or requirements

Prescribing telephone service

Confidential supporting information

Procedure

Record-keeping requirements

General

Before making a recommendation under subsection (1), the Minister must consult any person or organisation that the Minister considers to be representative of the interests of persons likely to be substantially affected by the proposed regulations.

Regulations made under this section may—

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Authority may, as the Authority thinks fit, delegate to any person any of the Authority’s functions, duties, or powers under this Act.

A delegation under subsection (1)—

A person to whom any functions, duties, or powers are delegated under subsection (1)—

A person purporting to act under any delegation under subsection (1) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

This section applies to the following:

The person is protected from civil and criminal liability for any act that the person does or omits to do in the carrying out or intended carrying out of the person’s functions or duties or the exercise or intended exercise of the person’s powers under this Act and that is done—

This section applies to a psychoactive substance that is also a hazardous substance within the meaning of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act).

Nothing in this Act affects the application of the HSNO Act in relation to the psychoactive substance.

However, in the event of any inconsistency—

The provisions of the Customs and Excise Act 2018, except sections 388 and 389 of that Act, apply to a psychoactive substance that is not an approved product (or part of an approved product) as if it were prohibited goods under that Act, unless the person importing the psychoactive substance—

The Ministry must, no later than 5 years after the commencement of this Act,—

As soon as practicable after receiving the report, the Minister must present a copy to the House of Representatives.

The application, savings, and transitional provisions set out in Schedule 1 have effect for the purposes of this Act.

This section amends the Search and Surveillance Act 2012.

In section 45(1)(b), after “Arms Act 1983”, insert “; or”.

After section 45(1)(b), insert:

In section 45(2)(b), after “Arms Act 1983”, insert “; or”.

After section 45(2)(b), insert:

This section amends the Children, Young Persons, and Their Families Act 1989.

After section 272(3)(b), insert:

In section 272(5), replace “subsection (3)(c), where a young person is charged with” with “subsection (3)(ba) or (c), where a young person is charged with an infringement offence referred to in subsection (3)(ba) or”.

Amend the enactments specified in Parts 1 and 2 of Schedule 2 as set out in that schedule.

The regulations specified in Part 3 of Schedule 2 are revoked.