Opposition leader Judith Collins has hit out at "weak" Jacinda Ardern for "blaming a backbench National MP" for holding back vaping legislation.
On Monday, Ardern claimed the delay in getting the Smokefree Environments and Regulated Products (Vaping) Amendment Bill across the line is due to a supplementary order paper (SOP), proposed by National list MP Nicky Wagner, which would allow vaping retailers to sell oral nicotine pouches as a smoking alternative. The pouches are banned under the current Bill.
"My very strong view is that vaping legislation should not be used as a backdoor to bring in other nicotine products," Ardern told The AM Show. "That has been one of the complicating factors.
"If the National Party wants to withdraw that amendment, that would certainly help us make some progress."
Speaking to The AM Show on Wednesday, Collins blasted Ardern's claims as "nonsense".
"I mean for goodness sake, where's the leadership? She's got the numbers in Parliament to pass whatever she wants. She's got New Zealand First, the Greens and her party - they've got the numbers - so why is she blaming National?" Collins argued.
"She's blaming our outgoing MP Nicky Wagner for holding up the Bill. For goodness sake, doesn't she realise - Jacinda Ardern - that she's the Prime Minister and she's got the numbers? If she can't control [her Government], is that my problem?"
The SOP, submitted on July 2, says "up to 10,000 New Zealanders" currently use oral pouches as an alternative to smoking.
Wagner's proposed amendment reads: "During the consideration of the bill the Ministry of Health advised the Health Select Committee that oral nicotine products are significantly less harmful than smoking.
"As oral tobacco-free nicotine pouches are administered through the oral route (between the top lip and the gum) no respiratory risk is associated and the route of administration has been proven through nicotine gum and sprays with no adverse health problems."
Smokeless, oral nicotine pouches, commonly known as 'snus', can contain either tobacco or non-tobacco ingredients. The pouch, placed between the top gum and upper lip, is used as a smoking alternative and can help smokers kick the habit.
However, Collins referred to the product outlined in the amendment as "chewable tobacco", saying the smoking alternative is "used by people in our military who happen to be addicted to nicotine".
Yet according to Ministry of Health guidelines, in 2018 the District Court found that all tobacco products may be lawfully imported, sold and distributed under the SFEA - "except types that are chewed or otherwise absorbed through the oral mucosa e.g. snus". As aforementioned, snus or oral nicotine pouches do not have to contain tobacco.
Collins argued that the SOP is "sensible", saying Ardern can either "get behind" the amendment or pass "whatever she wants".
"Why is Ardern blaming a backbench MP for it? Why doesn't she just get behind it and understand that this is a sensible amendment which is why New Zealand First is supporting it?" Collins said.
"What's causing [the delay] is that the Prime Minister can't control her numbers and she won't let this amendment go through. If she can't control her Government, that's not my problem - and it's not the problem of Nicky Wagner, who's a backbench National MP.
"If she can't do that, that shows how weak she is on it. She needs to take a stand."
Speaking to The AM Show on Tuesday, Wagner called Ardern's earlier claims "inaccurate", arguing the whole point of the Bill is to provide additional "mechanisms" and alternatives to help Kiwis quit smoking.
Wagner says she "played around" with the SOP, which still bans all oral nicotine except from "one minor item".
"Which is a nicotine pouch," she said.
"It's not tobacco. It isn't snus. She told a colourful story about snus. It's not snus."
Another SOP released by the National MP on July 30 amends the Bill to make "non-tobacco nicotine pouches a notifiable product for the purpose of the Bill" - removing the pouches from the prohibition on the sale and distribution of oral nicotine products - in recognition of the product's utility "as an aid to help smokers quit".
