Psychoactive Substances Local Approved Products Policy 314 Contents
1
Purpose
Page 2
2
Scope and Objectives
Page 2
3
Responsibility
Page 3
4
Definitions
Page 3
5
Policy
Page 3
Appendix 1
Page 4
Appendix 2
Page 5
Waimate District Council ‐ Psychoactive Substances Local Approved Products ‐ Policy 314
– 25 November 2014 – Page 1
1.
Purpose
The purpose of the Psychoactive Substances Act 2013 (the 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. The Act provides for licences to be issued by the Psychoactive Substances Regulatory Authority (PSRA) for the right to retail psychoactive substances. Significant social harm can result from the inappropriate location of retail outlets for legally approved psychoactive substances and the Act allows territorial authorities to develop a policy for their area which defines the location of retail outlets for approved psychoactive substances. The Act refers to these policies as Local Approved Products Policy. The Act provides that a Council Local Approved Products Policy (LAPP) may define: 
Location of premises from which approved products may be sold by reference to broad areas within the district.  Location from which approved products may be sold by reference to proximity to other premises from which approved products are sold within the district.  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, pharmacies, places of worship, or other community facilities. In establishing a LAPP the Waimate District Council is seeking to: 
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2.
Support the purpose and intent of the Act. Minimise the potential for adverse effects from the sale of psychoactive substances. Minimise the potential for harm to communities or occupants of premises likely to be sensitive to issues arising from the sale of psychoactive substances. Provide guidance to the Psychoactive Substances Regulatory Authority (PSRA) on the location of any premises licenced to sell psychoactive substances. Scope and Objectives
The objectives of the LAPP are to:  Minimise the harm to the community caused by psychoactive substances by providing a clear view to the PSRA of where retail premises that sell psychoactive substances may be located in the Waimate District. This LAPP does not apply to retail premises where internet sales only are made, or to premises where the sale of approved products is by wholesale only. The requirements of the Resource Management Act 1991, the Hazardous Substances and New Organisms Act 1996 and any other applicable regulation (including all applicable Bylaws of the Waimate District Council) must be met in respect of any premises holding a retail licence. Waimate District Council ‐ Psychoactive Substances Local Approved Products ‐ Policy 314
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3.
Responsibility
It is the responsibility of all persons who wish to sell or supply psychoactive substances, to adhere to the requirements of this policy. 4.
Definitions
When interpreting this LAPP, unless the context requires otherwise, the definitions of words or terms used in the LAPP that are also used in the Act are those defined in that Act. Otherwise use the following definitions. Business 1 Zone Means the area of the Waimate District specifically defined as the Business 1 Zone within the Waimate Township, as identified in Appendix 1 Sensitive Site Includes kindergartens, early childhood centres, schools, pharmacies, places of worship, or other community facilities 5.
Policy
Broad Areas The retail premises selling psychoactive substances shall be restricted to the “Business 1” Zone of the Waimate Township, as defined by the Waimate District Council District Plan and identified in Appendix 1. Proximity to Other Premises New licences for the sale of approved psychoactive products are not permitted within a distance of 100 metres of the closest legal boundary of an existing premise holding a licence (interim or full) to sell approved products. For the purposes of this policy the total distance measured shall be from boundary to boundary. Proximity to Sensitive Sites Premises within the Waimate District from which approved products may be sold are not permitted to be located within a distance of 100 metres of the closest legal boundary of any sensitive site existing at the time the licence application is made. For the purposes of this policy the total distance measured shall be from boundary to boundary.
Waimate District Council ‐ Psychoactive Substances Local Approved Products ‐ Policy 314
– 25 November 2014 – Page 3
APPENDIX 1:
Waimate District Council ‐ Psychoactive Substances Local Approved Products ‐ Policy 314
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APPENDIX 2
Waimate District Council ‐ Psychoactive Substances Local Approved Products ‐ Policy 314
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Publication Details
All inquiries or suggestions regarding this document
should be referred to:
Property and Regulatory Manager
Revision:
Final Version
Revision Date:
25 November 2014
Effective Date:
25 November 2014
Revision Dates:
New Policy
Minimum Review by:
September 2019 (5 yearly), or at the request of Council, or in response to changed legislative and statutory requirements, or in response to any other issue that may arise.
Document Owner – Release Signature:
Property and Regulatory Manager
Chief Executive – Release Signature:
Policy can only be amended by:
Resolution of Council
Policy filed at:
L:\SUPPORT SERVICES\Policies, MOUs
and Strategies
Policy Writer:
Property and Regulatory Manager
Waimate District Council ‐ Psychoactive Substances Local Approved Products ‐ Policy 314
– 25 November 2014 – Page 6