Tuesday 22 April 2025 | Written by Supplied | Published in Letters to the Editor, Opinion
The Cook Islands News ran a story on 19-4 2025,telling its readers that the Cook Islands Health Protection unit is confiscating approximately 100 vapes every week as enforcement of the national vape ban continues at the country's main entry port.
The importation of imitation tobacco products like E-cigaretts or vapes is prohibited.
Any breach will be a fine of $100,000 or imprisonment not exceeding 3 months.
Ok,this is a stretch,but let's just say for mathematical purposes.that all of these breaches were done individually.
The Cook Islands Tobacco Products Control Amendment Act 2024 went into force in May of that year. So,roughly after 1 year that would be 5,200 vapes confiscated. At $100,000 for each breach of the Act,that would amount to $52 million dollars in fines or 46,800 days in prison.
I can't ever recall reading in the Cook Islands News Court briefs that anyone was charged under the Act. And the reason being is,customs agents exercised their discretion to confiscate the prohibited vapes and didn't charge anyone under the Act.
Customs agents are law enforcement officials,they receive extensive training in law enforcement techniques. Customs agents have the authority to conduct investigations,conduct searches,use force when necessary and make arrests.
And these powers and procedures of the aforementioned customs agents are applicable to our police officers.
So,why are customs agents allowed to use their discretion in enforcing the Tobacco Products Control Amendment Act 2024 and the police never use any discretion in arresting individuals for pakalolo under the Narcotics and Misuse of Drugs Act 2004?
There is no rhythm or reason to this insanity. Imitation tobacco products are far more dangerous than pakalolo and when eaten in moderation pakalolo edibles have not been proven to have any apparent harmful health effects.
Is the new police Commisioner,Tai Joseph going to instruct his officers to confiscate and not arrest anyone with pakalolo like customs agents are doing at our main entry point with imitation tobacco products?
How about it Tai,will you give equal constitutional protection under the law for pakalolo users?
Steve Boggs