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Selling psychoactive substances

This policy restricts the location of the premises selling approved psychoactive substances in the district. It addresses community concerns regarding the location of premises selling psychoactive products, while being in accordance with the statutory requirements of the Psychoactive Substances Act 2013 (“the Act”).

The Psychoactive Substances Policy (Local Approved Products) for the Gisborne district.  Under Section 68 of the Psychoactive Substances Act 2013.

Council readopted the policy 11 August 2022.

Local Psychoactive Substances Policy

A Local Approved Products Policy (“the Policy”) is a set of policy criteria determined by the Council, in consultation with the community, which may restrict the location of the premises selling approved psychoactive substances in the district. This Policy addresses community concerns regarding the location of premises selling psychoactive products, while being in accordance with the statutory requirements of the Psychoactive Substances Act 2013 (“the Act”).

The Policy provides the Psychoactive Substances Regulatory Authority with a policy framework, when making a decision on an application to sell psychoactive substances in Gisborne.

The objectives of the policy are to:

1. Minimise the harm to the community caused by psychoactive substances by defining the permitted location of retail premises;

2. To minimise the potential for harm to sensitive communities (such as places of worship, family focussed and child focussed areas) from the sale of psychoactive substances.

3. To allow the local community to have influence over the location of retail premises in the Gisborne district.

Sensitive site in the policy means a site which contains:
  • any childcare centre, kindergarten, school, or any other educational institution; and
  • any library, public swimming pool, museum, place of worship and all marae; and
  • any public riverbank walkway.

Riverbank walkway means any public riverside walkway, whether formed or not, in the Gisborne district.

Unless otherwise defined, terms in this policy shall have the same meaning as those terms have in the Psychoactive Substances Act 2013.

  1. An outlet may only be located on Gladstone Road between Reads Quay and Roebuck Road.
  2. Approved products are not permitted to be sold within 50 metres of any existing sensitive site or a riverbank walkway.
  3. Points of sale for psychoactive substances must be located a minimum of 200 metres apart from each other.
  4. The trading hours of the outlet shall be limited to 9am - 5pm Monday to Friday and 10am - 3pm Saturday.
  5. Separation distances shall be measured from the external legal boundary of each premises in question.

If any part of this Policy is found by a Court or by the Regulatory Authority to include matters outside the scope of the Act, those parts shall be severed and may be disregarded when applying this Policy.

Gladstone Road map

Gladstone Road map