Local Approved Products Policy

Policy Title Rangitikei District Council Local Approved Products Policy
Date of Adoption by Council 11 December 2014
Resolution No. 14/RDC/275
Date by which review must be completed 11 December 2019
Statutory reference for adoption Psychoactive Substances Act 2013
Statutory reference for review Psychoactive Substances Act 2013 Section 69
Local Government Act 2002 Section 83
  1. INTRODUCTION

    • Rangitikei District Council has developed a Local Approved Products Policy pursuant to Section 66 of the Psychoactive Substances Act 2013. This Policy contains those matters permitted under Section 68 of the Act. The Policy has been developed following consultation with various interested parties in order to be able to respond to community concerns about retail selling of psychoactive products
    • As required by Section 69 of the Act the Policy has been adopted in accordance with the special consultative procedure prescribed by Section 83 of the Local Government Act 2002.
  2. POLICY PURPOSE AND OBJECTIVE

    • The purpose of this Policy is to provide the Psychoactive Substances Regulatory Authority with a clear framework for it to apply to all applications that it considers when granting licences for premises to sell approved products within Rangitikei district.
    • The objectives of this Policy are to:
      1. Protect the health of, and minimise harm to individuals who use psychoactive substances.
      2. Minimise harm to the community caused by approved products by defining the area where retail premises will be permitted within Rangitikei district.
      3. Ensure that Council and the community has a voice and is able to influence the location and density of retailers of approved products within the Rangitikei district.
      4. Minimise the potential for adverse effects upon the wider Rangitikei community caused by the sale and use of approved products.
      5. Minimise exposure to the selling of approved products and the potential harm these products can cause to vulnerable / sensitive sections of our community such as children, young adults and families.
    • Not having this Policy would mean that licenced retailers of approved products would be free to locate wherever they wish within the Rangitikei district with no restrictions.
  3. DEFINITIONS

    • When interpreting this Policy, unless the context requires otherwise, the definitions of words or terms used in this Policy that are also used in the Act are those defined in the Act. Otherwise, use the definitions set out below:
      • Act means Psychoactive Substances Act 2013.
      • Authority means Psychoactive Substances Regulatory Authority.
      • Council means Rangitikei District Council.
      • Policy means Local Approved Products Policy.
      • Sensitive Site means early childcare centres as defined in section 310 of the Education Act 1989; primary, intermediate, secondary and kura kaupapa schools; public libraries, marae and dispensing pharmacies.
  4. POLICY

    • Council proposes the following requirements for licenced retail premises of approved products within the Rangitikei district:
      1. Location of premises from which approved products may be sold

        1. Retail premises licenced to sell approved products are only permitted on the main street of the ‘central business district’ of Taihape and Marton, excluding corner sites as shown on the maps attached as Schedule 1.
        Section 68(a) of the Act provides for Council to determine the location of premises from which approved products may be sold by reference to broad areas within the district.
      2. Location of retail premises in relation to premises or facilities of a particular kind or kinds

        1. No retail premises licenced to sell approved products is to be situated within 50 metres of an existing Sensitive Site.
        • For the purpose of clause 4.2 the separation distance between the retail premises licenced to sell approved products and a Sensitive Site shall be measured from the principal entrance to principal entrance(s) along the footpath, service lane or road.
        • Section 68(b) of the Act empowers Council to determine the location from which approved products may be sold by reference to proximity to other premises from which approved products are sold within the district.
      3. Location of retail premises in relation to other retail premises from which approved products may be sold

        • No retail premises licenced to sell approved products is to be situated within 50 metres of another retail premises licenced to sell approved products.
        • For the purpose of clause 4.3 the separation distance between retail premises licenced to sell approved products shall be measured from the principal entrance(s) to principal entrance(s) along the footpath, service lane or road.
        • Section 68(c) of the Act empowers Council to determine the location of premises from which approved products may be sold by reference to proximity to premises or facilities of a particular kind or kinds within the district (for example, kindergartens, early childhood centres, schools, places of worship, or other community facilities).
  5. REVIEW

    This Policy will be reviewed every five (5) years of it taking effect as required by Section 69(4) of the Act, or earlier at the request of Council, or in response to changed legislative and statutory requirements.
  6. ADOPTION AND COMMENCEMENT

    This Policy was duly adopted by Rangitikei District Council by a resolution passed on the 11th day of December 2014, following the use of the special consultative procedure as set out in Section 83 of the Local Government Act 2002.
  7. RELEVANT LEGISLATION

    • Psychoactive Substances Act 2013.
    • Resource Management Act 1991.
    • Hazardous Substances and New Organisms Act 1996.
    • Customs and Excise Act 1996.
    • Any applicable statutory regulation including Council bylaws.

SCHEDULE 1

CENTRAL BUSINESS DISTRICT OF MARTON
(Broadway between the High Street and Follett Street)

CENTRAL BUSINESS DISTRICT OF TAIHAPE
(SH1 between Kuku Street and Huia Street)