Photo: RNZ
Ethnic business leaders claim new legislation on the sale and advertising of vape products is putting store owners at risk.
Acknowledging their concern, police and health authorities are offering support to help retailers navigate the new restrictions.
From 17 June, vaping devices, products and packaging can no longer be displayed at general retailers.
Specialist vape stores must not display products in any way that makes them visible from outside their place of business - that includes advertising, displays in online stores and in vending machines.
Retailers claim the changes will force them to cover windows, with the loss of visibility from the street making them easy targets for retail crime.
Two members of the government's advisory group on retail crime expressed similar concerns.
Sunny Kaushal, chair of the advisory group, said he was "really worried" about the loss of street visibility for vape stores.
"It even goes against police's own business crime prevention guidance for retailers," Kaushal said.
"[It] advises improving visibility to increase safety," he said. "The guidance says: 'The better you can see both within your business and outside your business, the less risk of crime. The darker your business is, and the more hidden you are from the street, the greater the opportunity for theft and robbery'.
"Are windows clear of posters and displays to allow visibility from the checkout counter to outside?
"Vape stores remain some of the most targeted retail shops for ramraids, burglary or robberies because what they sell is easily fenced."
As fines for non-compliance could cost as much as $50,000, Kaushal said the only way to avoid punishment was to apply frosted film to windows and doors.
"That'll put retailers at risk," he said.
Dairy and Business Owners Group vice-chair Himanshu Parmar, who is also a member of the advisory group on retail crime, claimed the stricter display rules would leave small retailers "unfairly burdened and dangerously exposed".
"Forced to hide high-value vapes behind counters or out of sight, these businesses become prime targets for theft and violent robberies," Parmar said, noting that retailers experienced an uptick in crime when tobacco display bans were introduced in 2012.
Jaspreet Kandhari, general secretary of the New Zealand Indian Business Association, said the legislation contained "ambiguity around visibility standards".
"Notably, bottle store outlets are advised to keep the outside windows clear, whereas vape shops have been issued an advisory to screen the outside windows to block access."
Rajesh Goyal, president of the Auckland Indian Retailers Association, called on the government to educate retailers, many of whom were unclear about what was permitted under the changes.
"Retailers want to do the right thing," Goyal said. "But they need support, not just penalties. Together, we can make our town centres safer and healthier, especially for our rangatahi."
Concerns acknowledged
The Health Ministry acknowledged retailers' concerns about crime prevention in relation to visibility.
"For this reason, the legislation is not prescriptive in the requirement to cover front windows. It requires that retailers ensure their products are not visible from outside the store," a spokesperson said in a statement.
"Retailers can consider how to best comply with this requirement based the layout of their individual stores, and any concerns and preferences they may have.
"[Retailers] may consider using enclosed display units so products cannot be seen from outside the store.
"[Or] arranging shelves and counters so that vaping products and packaging are not visible from the doorway or windows.
"[Or] using partial walls, screens or shelving units to block lines of sight from outside the store."
The Health Ministry restated the government's commitment to achieving its Smokefree 2025 goal.
"This means ensuring that people have the practical tools and supports to quit smoking, including being able to access vapes. Many people have switched from smoking to vaping and this has been a contributing factor to recent drops in smoking rates," the spokesperson said.
"At the same time, the government would like to see youth vaping rates come down and has introduced a number of measures to tackle youth vaping, including restricting the visibility of vapes so they are out of the general public's sight."
Police offer support
Police would be available to help retailers navigate the implementation of the new laws with a view of maintaining the best possible balance with prevention initiatives, said George Grove, supervisor of the National Retail Investigation Support Unit.
"In terms of crime prevention advice, there are many things police can recommend for consideration," Grove said.
"Some things retailers could consider include: having the checkout counter near the door, having the cash register bolted to the counter, having vapes in a locked opaque cabinet, having a screen in place to prevent people getting behind the checkout counter, good lighting, ensuring the entire business is visible from the checkout counter, having carefully positioned mirrors and CCTV, and considering security measures such as fog cannons.
"In vape shops - where there are a large number of vapes in glass cabinets and uncovered windows - retailers could consider frosting parts of the cabinets so they aren't visible externally if their windows aren't covered or having lower wall shelves and partially covering lower parts of external windows."
