Insights from our team
Regulating the vaping industry
In 2023, the Government made changes to the Smokefree Environments and Regulated Products Regulations 2021, reducing the maximum nicotine strength for nicotine salt vaping substances from 50 mg/mL to 28.5 mg/mL. Three companies involved in the manufacturing, importation and sale of vaping products in New Zealand brought judicial review proceedings challenging the Government’s decision
Emergent Challenges to Private Sector Enterprise and Public Policy: Smith v Fonterra
The Supreme Court has allowed claims of ‘climate system damage’ to proceed to trial, in a decision highlighting the ongoing role of common law in regulatory frameworks. Whatever the outcome of this particular claim, the Court’s reasoning suggests proceedings of this type may now become a tool to challenge alleged systemic harms resulting from not only private sector enterprise but public policy.
Lessons for regulators from the Whakaari - White Island Disaster
On 9 December 2019, Whakaari/White Island erupted with 47 people on the island. A subsequent investigation by WorkSafe New Zealand (WorkSafe) resulted in multiple entities being charged with breaches of the Health and Safety at Work Act 2015 (HSWA), including the owners of the island, multiple tour operator companies, as well as government agencies.