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Misfits of science and creatures of habitus : ecological expert witnesses across water resource management fields : a thesis submitted to Massey University in partial fulfilment of the requirements for the degree of Doctor of Philosophy
(Massey University, 2024-11-01) Russell, Matthew
This thesis applies Bourdieusian field-theory to investigate the way scientific knowledge is converted into evidence to inform decision making across four key fields central to the development and enforcement of water resource management law in New Zealand: the New Zealand Environment Court, the Environmental Protection Authority, regional councils plan hearings, and ministerially appointed science and technology advisory groups. The New Zealand publicly funded science system now exhibits most of the characteristics of a “neoliberal science regime” (Lave, 2012), a regime constituted by an extensive and influential science "consultocracy" (Hodge and Bowman, 2006) a marketplace of expertise which encompasses the seven Crown Research Institutes, hybrid scientific research institutes and significant aspects of the university sector. This regime has structurally entrenched a series of contradictions across New Zealand’s publicly funded science system which have a decisive influence on 1.) scientific habitus across institutional settings, 2.) the production of ‘public good' environmental expert knowledge claims, and 3.) the way that ecological expertise is converted into evidence to inform decisions on RMA law and policy. While the autonomy of New Zealand’s publicly funded science system has been greatly diminished, the New Zealand Environment Court has developed a set of procedures and rules that are designed to reconstruct the idealised or ‘pure’ autonomous scientific community inside the juridical field. Some of these procedures and rules, most significantly those that relate to the still developing practice of expert-conferencing, have been replicated within regional authority plan hearings and science and technology advisory groups. These procedures function relatively effectively inside the Environment Court. Within quasi-juridical fields like the EPA, councils and STAGs however, politics and power have a significant influence in the process of converting scientific knowledge into evidence to inform actions and judgements, as well as the evidentiary burden that is placed on ecological and biophysical evidence versus other forms of expertise. The neoliberal regime favours agents with the greatest economic capital to engage experts, primarily industry and local and regional authorities. Aside from a small number of highly active ‘misfit' individuals, university-based experts are not major players in the Environment Court, which points towards the powerful authority assigned to expert-knowledge claims produced outside academia. Within this context, mātauranga Māori increasingly represents a corrective to the technocratic, ecological modernisation project embodied in the New Zealand RMA. Ecological misfits see mātauranga Māori as the most powerful articulation of 'public good' environmental values in Aotearoa today. However, the most vocal champions of mātauranga Māori tend to argue around the contradictions produced by the neoliberal science regime, rather than challenging them directly, arguably blunting its transformative potential.
Due diligence and psychosocial risk : examining the construction of compliance : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Management at Massey University, Auckland, New Zealand
(Massey University, 2024-07-20) Deacon, Louise Joy
New Zealand’s Health and Safety at Work Act 2015 introduced two significant changes to the country’s work health and safety regulatory landscape: (1) it placed a duty upon officers to ensure that the business of which they are an officer complies with its duties under the Act; (2) it broadened the definition of health to include mental health. The latter inclusion confirmed the scope of the Act to apply to psychosocial risks at work. Despite the officers’ duties being lauded as a profound change to New Zealand’s regulatory landscape, there has been little research investigating how officers respond to these legal duties. Further, internationally, there are significant gaps in knowledge regarding the role senior company managers play in psychosocial risk management, particularly relating to the intersect of legal responsibilities and psychosocial risks. This research adopted a Foucauldian analytical approach to examine how ideas about compliance and psychosocial risks are constructed and organised. Specifically, the research questions led to an investigation of the ways in which officers conceptualised and carried out their due diligence duties as they applied to the protection of workers’ mental health and the implications thereof. Semistructured interviews were conducted with 24 officers of large companies operating in New Zealand. The findings indicate that officers tended to discursively construct risk in ways which frequently obfuscated causes of harm arising from work while also problematising the possibility of eliminating or minimising risks to workers. Further, through a process of “risk translation,” psychosocial risks were often transformed into risks which were individualised, psychologised and managerialised. This translative effect functioned to displace psychosocial risks with risks which were more recognisable and amenable to management and posed less challenge to management prerogative. In this way, a dominant construction of risk came to represent worker mental health as a cause of risk to the organisation and the object of compliance, rather than a consequence of psychosocial risk exposure. The resultant compliance responses may therefore be considered symbolic in that they represented attention to legal ideals while marginalising the management of risks arising from work. Thus, the potential of work health and safety legislation to regulate psychosocial harm arising from work was largely curtailed, highlighting the limits of self-regulation in a legal context characterised by uncertainty and ambiguity.
Three essays on the impact of regulatory changes on firms’ operation : a dissertation presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Finance, Massey Business School, School of Finance and Economics
(Massey University, 2023-12-04) Nguyen, Van Phuc
This dissertation offers an in-depth exploration of how major and cross-country laws, such as anti-collusion, enhanced by a leniency program and the recently emerging free trade agreement, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), influence firms' operational efficiencies and strategies across various contexts. Employing rigorous methodologies, including advanced Difference-in-Differences (DiD) estimators and Propensity Score Matching (PSM-DiD), this research spans multiple countries and time periods to furnish a detailed understanding of regulatory impacts. The first essay investigates the implications of leniency laws on firms' operational efficiency across 64 countries from 1990–2020. Findings reveal that in response to leniency laws, firms adopt a dual strategy: they initially extend credit terms, which pose short-term risks to asset turnover, while also optimizing fixed asset utilization for long-term sustainable growth. The study uncovers considerable heterogeneity in the laws' impact, notably more pronounced in developing economies and within specific cultural frameworks. The study identifies that leniency laws, in particular, affect larger and more profitable firms by leading them to extend more favorable payment terms. Additionally, the laws have a more pronounced impact on developing economies and cultures characterized by specific traits such as low power distance, collectivism, high uncertainty avoidance, and long-term orientation, as outlined by Hofstede (2011). The second essay examines the influence of the CPTPP on Vietnamese firms from 2017–2021, a transformative era where Vietnam pivoted from an agrarian economy to a manufacturing powerhouse where operational efficiency plays a key role (Laiprakobsup & Chorkaew, 2018). This pivotal change, spurred by the “China Plus One” strategy, not only cements Vietnam’s status as a key player in global manufacturing but also warrants an in-depth analysis as to how its competitive labor and production costs, enhanced by a strategic location, contribute to its increasing economic allure. Our study reveals an initial dip in operational efficiency during the first year of the CPTPP, indicating a strategic realignment phase with increased fixed asset investments and trade credit extensions. However, subsequent years saw a substantial recovery in operational efficiency, marking the successful adaptation of the new trade conditions. The CPTPP's effects were particularly pronounced for high profitability, large-sized firms, those listed on HOSE, and, since 2020, those resilient to the impact of COVID-19. Financially constrained firms seek to use the CPTPP for revenue gains and stress relief but remain cautious about major investments due to debt management concerns. Our findings underscore the transformative role of major trade agreements, and the strategic shifts firms employ to harness these opportunities. The third essay explores the influence of the CPTPP on Research and Development (R&D) investment strategies within Japanese firms. The CPTPP's Chapter 18, with its comprehensive intellectual property protections, presents an opportunity for Japan to rejuvenate its innovation sector, especially as the nation seeks to reclaim its status as a technological leader amid a historical decline in patent registrations. The study presents a detailed impact of the CPTPP on R&D activities within Japanese firms. While enhanced intellectual property protections boost R&D investment, this is counterbalanced by opportunities for market expansion. Manufacturing firms aligned with Japan's cultural long-term orientation consistently increase R&D activities, while service-oriented and technology-intensive firms initially scale down, but eventually recover. Financially constrained firms and those with high sales growth exhibit similar, but distinct patterns in R&D investment. All these findings are framed within the Pecking Order Theory and Japan's cultural norms. Collectively, navigating through the intricacies of international industries and cultures, these essays shed light on the strategic adaptations of firms across the globe. They provide a valuable addition to the scholarly conversation and offer practical guidance for decision-makers worldwide.
Exploring the use of social media and messaging apps to buy and sell drugs in New Zealand : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Public Health, Massey University, Albany, New Zealand
(Massey University, 2023) van der Sanden, Robin
Introduction: The use of social media and messaging apps to facilitate drug trading has been increasing in recent years. This thesis presents the first exploration of social media drug markets in New Zealand. Methods: Initial statistical analysis of New Zealand Drug Trends Survey data (N=23,500) was complemented by thematic analysis of anonymous semi-structured messaging app-based interviews (N=33) with people who purchased and/or sold drugs via social media. Additional observational data was collected on Discord drug servers (N=7). Qualitative data were analysed using an interdisciplinary theoretical framework drawing on concepts from drug market and drug use studies as well as communications and social media scholarship. Findings: Survey modelling indicated that younger age groups (16<20 years) were most likely to purchase drugs via social media. Social media drug purchasing was also associated with a greater likelihood of transacting with a commercial seller type. These patterns indicate potential for young people to engage with higher-risk commercial local drug markets. This was evidenced in interview and observational data on “lower tier” Discord drug servers, where members often contended with ‘fake’ drugs and robbery. However, interview data showed not all social media and messaging apps facilitated the same types of digital drug market dynamics. Encrypted messaging apps were often linked to trusted commercial sellers, while ‘low security’ options like Messenger and Snapchat were often used in contexts of social supply due to their association with pre-existing friendships. The latter dynamic could enable young people to extend many of the risk reducing benefits of social supply. Many interviewees reported low concern for being caught by police as part of social media drug trades, but continued to engage in digital risk management behaviours aimed at reducing their potential for exposure to others, including the police, on social media. Conclusions: The incorporation of diverse social media and apps in harm reduction strategies to reach different groups is recommended. However, the convenience of social media drug access and potential for increased drug market harm add to the case for substantial drug policy changes in New Zealand, including changes to prioritise decriminalisation and non-punitive responses to drug use and low-level drug supply behaviours.
Worker voice and the health and safety regulatory system in New Zealand : an interpretivist case study inquiry in the commercial construction industry : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Management at Massey University, Palmerston North, New Zealand
(Massey University, 2021) Farr, Deirdre
The importance of involving workers in effective management of workplace health and safety (WHS) risks is well established. Transforming this rhetoric into sustainable practice continues to be a global problem. The siloed nature of industrial relations, WHS, human resource management and organisational behaviour debates has resulted in researchers talking past each other. Consequently, there is a dearth of literature drawing WHS research into contemporary debates exploring a broad range of direct and indirect forms of ‘worker voice’. The purpose of this thesis is to determine how and why the current statutory framework is contributing to enhancing workers’ involvement in workplace decisions that affect their WHS outcomes. This interpretivist constructivist multiple-case study applies a Multidisciplinary Analytical Model of Worker Voice to demonstrate how a multidisciplinary approach bridges divides and facilitates rich understanding of a contemporary phenomenon. The thesis clarifies the ambiguity and misunderstanding of terms that influence the interpretation and enactment of duties in the Health and Safety at Work Act 2015 (HSWA). It identifies and maps the different forms of worker engagement, participation and representation (EP&R) that exist under the current statutory provisions in New Zealand, and more importantly, the influence of worker voice. This research enables us to understand how and under what conditions worker EP&R can thrive. The two-phase study involved semi-structured interviews with 14 key stakeholders at the macro and industry levels, and 31 case study participants in three large commercial construction organisations at the meso level. Secondary qualitative data sources included 12 observations, and public and organisational documents. Hermeneutic analysis and interpretation revealed how the current HSWA stimulated improvements in leadership and risk management. The characteristics of effective worker voice systems were co-constructed with the key stakeholders and developed into an EP&R Compliance Maturity Model of Worker Voice. This model highlighted proactive and reactive responses to the HSWA in the organisations operating in a low-union, high-risk context. The overarching perceptions of the HSWA reinvigorating interest in worker voice underpinned improvements in macro level tripartism and meso level engagement. However, traditional representation structures have been eroded rather than strengthened.
The planning framework for Maori land : a thesis presented in partial fulfilment of the requirements for the degree of Master of Resource and Environmental Planning at Massey University
(Massey University, 2000) Stephenson, Janet Rhona
The thesis examines the relationship between Maori land and the resource management planning framework within New Zealand, within an analytical framework of the Treaty of Waitangi and contemporary indigenous collaborative management regimes. Maori land is a unique class of land in New Zealand, representing the remains of tribal lands still in Maori ownership. Maori traditional forms of resource management were integrally linked with tenure and the allocation of use-rights, but legislation and practices introduced following the signing of the Treaty of Waitangi transformed the tenure system and gave no recognition to Maori resource management practices. Maori land and Maori needs were virtually ignored by planning legislation while the Maori Land Court carried out a central role in planning decisions relating to Maori land. From 1977, planning law gave some recognition of Maori values, which over time influenced the development of district scheme provisions relating to the use of Maori land. The 1991 Resource Management Act gave Maori issues greater prominence, but when translated into district plan provisions failed to give Maori any significant role in resource management on their own land. Contemporary Maori concerns about the planning framework include its lack of recognition of Maori as a legitimate resource authority, the lack of incorporation of the principles of the Treaty of Waitangi, and the failure to give any real effect to the concept of rangatiratanga. The Waitangi Tribunal has also identified shortcomings of the current planning framework in terms of the principles of the Treaty. These findings, together with current trends such as the development of iwi/hapu management plans; the growth of parallel services for Maori in education and health; and the increasing international recognition of indigenous land and resource management rights, challenge the current planning regime as it relates to Maori land. Contemporary planning needs to recognise its basis in a dual heritage by reshaping its institutions and laws so as to accommodate the co-existence of an indigenous planning system. It is suggested that this be by way of collaborative management agreements whereby resource management planning responsibilities for Maori land are largely devolved to iwi within a framework delineating national requirements for sustainable management.
A contractual framework for two-stage early-contractor involvement (2S-ECI) in New Zealand commercial construction projects : a thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy (PhD) in Construction at Massey University, School of Built Environment, Massey University, Albany, Auckland, New Zealand
(Massey University, 2021) Finnie, David
Two-stage early contractor involvement (2S-ECI) is a two-stage procurement process for firstly employing a contractor during the design stage, and then entering into a contract for construction. 2S-ECI contractual practices remain generally unknown in New Zealand despite the well-documented advantages of involving contractors in the design-stage planning. Clients, with the help of their consultants or lawyers, must draft their own, often bespoke contract to engage the contractor’s services during the design stage because there are no standard forms of pre-construction services agreements (PCSAs) in New Zealand for employing contractors during the design stage. Some of these contracts, especially if done without professional advice, are drafted inadequately. This study attempts to remove these ambiguities and explore the effect 2S-ECI has on contractual risks; the optimal contractual ingredients to consider at the pre-construction stage such as timing, obligations and liabilities; the effect of 2S-ECI on market pricing; and the overall benefits, challenges, and opportunities to improve the effective use and uptake of 2S-ECI in New Zealand. A mixed-method research approach was adopted which comprised case law analysis, contract document analysis, and comparing these legal doctrines against industry perceptions which was obtained through conducting interviews and surveys. Three bespoke contract agreements used on 2S-ECI in New Zealand commercial construction projects were compared with two standard form PCSAs published in the UK. Perceptions of 2S-ECI use in New Zealand were explored through interviews of 21 senior construction practitioners. Interview findings were validated through surveying the interview sample. A contractual framework was developed to provide a clearer contractual process, identify contract ingredients for the pre-construction stage and establishing the effect of early involvement on the contractor’s obligations during the construction stage. The framework helps clients and project managers to develop procurement strategies using 2S-ECI, including as a starting point, the type of project suited to 2S-ECI. It also helps decision makers like architects, engineers, and quantity surveyors, to make more informed decisions on who should pay for instructed drawing details that come after entering into a construction contract such as the New Zealand Standard NZS3910:2013 Conditions of Contract for Building and Civil Engineering Construction. The framework considers; (i) when to treat claims for drawing details as variations; (ii) the legal implications of a contractor’s involvement in design development; and (iii) the legal implications on construction managers if there are claims from direct trade contractors against the client under a construction management procurement. Findings from the survey analysis shows the majority of interviewees see value in early collaboration between designers and contractors, but qualify this in that the actual value depends on the extent of the contractor’s contribution and that the tangible benefits are difficult to measure. Many felt that contractors had a moral duty to reduce their claims for design development during the construction. However, none was aware of the effect of early involvement on the contractor’s contractual obligations during the construction stage. 2S-ECI may have the potential to reduce the cyclical boom bust nature of construction pricing and provide a more equitable risk distribution between the contracting parties. 2S-ECI is best suited for projects involving work to existing building operations where the cost of disruption outweighs any premium incurred with the contractor’s early involvement in logistical planning; where the selection of preferred contractors through open-book negotiation is desirable; where securing resources in heated markets is otherwise difficult through competitive tender; and where designers want the contractor’s input for more complex design solutions. Challenges to the effective use and uptake of 2S-ECI in New Zealand were identified as part of the survey. The challenges include lack of clear 2S-ECI definition, unclear expectations and difficulty measuring the benefits, incomplete design documentation, and amendments made to standard contract terms transferring greater risks to contractors – without fully considering which party may be best able to manage the risk. The bespoke pre-construction contract documentation used often lacked scope of obligations and liabilities. Opportunities for improving the use and uptake of 2S-ECI in New Zealand include educating industry about 2S-ECI, developing a standard form of pre-construction services agreement (PCSA) for New Zealand, contractors developing specialist expertise in design coordination, buildability analysis and value management, and agreeing fixed-price construction contracts based on fully complete quality drawings. These findings also contribute to developing procurement policies that support transparency and appropriate risk equity and transfer toward the party who is best able to manage the risk within the New Zealand construction industry. A pre-construction services agreement (PCSA) was drafted with ingredients based on the findings (appendix 4). The framework also includes a flowchart that guides claims entitlement and a table comparing head or main contractor and consultant construction manager obligations was developed. This provide a practical guide for contract administrators and includes a summary of interpretation of terms to inform contract drafters that can help reducing ambiguity for all construction contracts. This has the potential to help avoid unwarranted disputes. It was also recommended that skills in construction law and buildability analysis within the construction industry be enhanced and for tertiary education institutions to play a greater role. These include skills in buildability-related claims-entitlement, the effect of early contractor involvement, the application of design buildability analysis, and design coordination and management within a building information model (BIM) system environment.
Impacts of the Building (Earthquake-prone Buildings) Amendment Act 2016 on the retention of historical buildings in New Zealand's provincial city-centres : towards promoting seismic resilience through adaptive reuse : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Engineering, Massey University, Auckland, New Zealand
(Massey University, 2020) Aigwi, Itohan Esther
The impacts of the increasing scale of earthquake disasters on New Zealand's historical buildings are becoming so prevalent to the extent of threatening the stability and existence of provincial urban areas, hence, resulting in local resilience emergencies. This thesis is designed to promote seismic resilience and city-centre regeneration through the retention of earthquake-prone historical buildings for New Zealand’s provincial regions that have an abundance of underutilised earthquake-prone commercial historical buildings in their city-centres. No prior research has explored the main factors that contribute to the loss of historical buildings in New Zealand’s provincial city centres as a result of the Building (Earthquake-prone Buildings) Amendment Act 2016, and how the retention of the buildings can be improved. This thesis aims to address such inadequacy by identifying representative New Zealand’s provincial cities and the contributing factors to their inner-city decline with links to the impact of the Building (Earthquake-prone Buildings) Amendment Act 2016. The applicability of the adaptive reuse approach (i.e., the change of use of an existing building) is also explored as a sustainable approach to retain underutilised commercial earthquake-prone historical buildings and promote seismic resilience and city-centre regeneration, by developing a performance-based framework to improve the adaptive reuse decision-making process. Using a sequence of qualitative and quantitative research enquiry modes, the research question was answered to justify the overall aim of the thesis. The findings revealed Whanganui and Invercargill as representative examples of New Zealand’s earliest cities currently experiencing a decline in their city centres, and also identified socio-economic and regulatory factors that may have contributed to their decline. Correspondingly, the impacts of the actions (or inactions) of local councils and building owners regarding compliance with the Building (Earthquake-prone Buildings) Amendment Act 2016 have also been addressed. Examining the importance of heritage buildings in New Zealand and the allocation of government funding in the form of grants for the retention of these buildings imply that though New Zealand’s government heritage grant systems are the most extensive non-regulatory incentives for the protection of built heritage, most of the grants are allocated to the bigger cities with the least per capita distribution of heritage buildings. The provincial regions with the most per capita ratio may continue to struggle to conserve their oversupply of heritage buildings if a disproportionately lower allocation of heritage protection grants to provincial regions continues to happen. Findings from this thesis also revealed the main parameters (economic sustainability, built-heritage conservation, socio-cultural aspects, building usability, and regulatory aspects) for a performance-based framework to prioritise optimal underutilised commercial earthquake-prone historical buildings for adaptive reuse. The findings established the practicality of the validated framework in balancing the diverse interests of all stakeholders in an adaptive reuse decision-making process. The consensus among the multidisciplinary stakeholder group was acknowledged to be consistent and insensitive to reasonable changes in weighting. An in-depth understanding of the characteristics of adaptive reuse stakeholders (i.e., identified as investors, producers, regulators and users) and the effectiveness of collaborative rationality among the diverse stakeholders was also found to improve: (i) active participation of stakeholders for future adaptive reuse prioritisation exercises; (ii) public consciousness and knowledge regarding adaptive reuse issues; (iii) transparency and accountability among the stakeholders; (iv) trust and organised networking among the stakeholders; and (v) legitimacy and quality of adaptive reuse decisions. Accordingly, the efficacy of adaptive reuse has been justified in this thesis as a sustainable approach to renegotiating seismic resilience and vitality in the city centres of Whanganui and Invercargill. This thesis significance updates both the practical and theoretical understanding of seismic resilience and city-centre regeneration through the adaptive reuse of underutilised historical buildings in New Zealand’s provincial areas to mitigate the impacts of the Building (Earthquake-prone Buildings) Amendment Act 2016, hitherto lacking. As a practical significance, the performance-based framework from this thesis guided Whanganui district council, as both a planning and measurement tool to prioritise and conserve underutilised earthquake-prone commercial historical buildings in their city-centre for adaptive reuse, while balancing the diverse interests of all relevant stakeholders. Also, findings from this thesis are of relevance to the theoretical body of knowledge as a guide for other researchers who are pursuing closely related research topics to that of this thesis.
The regulation of takeovers in New Zealand and returns to shareholders : a thesis presented in partial fulfilment of the requirements for a Master of Business Studies at Massey University
(Massey University, 2001) Kittle, Andrew Gordon
Between 1 January 1996 and 30 June 2001 takeovers in New Zealand were governed by a set of regulations that formed part of New Zealand Stock Exchange ("NZSE") listing rules. The NZSE rules were relatively light in their approach to governing takeovers and received much criticism throughout their tenure. Prior to 1 January 1996 takeovers had been regulated by the Companies Amendment Act 1963. We examine the returns to targets and bidders between 1 January 1990 and 30 June 2000 to determine how effective the rules were in promoting shareholder wealth. The change in regulations between 1995 and 1996 also presents an opportunity to examine the impact on returns from moving from a lightly regulated regime to one which is more regulated with a greater amount of required disclosure. We find that returns to both targets and bidders were lower under the NZSE regime than under the Companies Amendment Act 1963. This result is attributed to several specific aspects of the Companies Amendment Act 1963 such as the ability of the target to recover defense costs from bidder and a set period for which the offer must remain open.
A critical analysis of New Zealand's Psychoactive Substances Act 2013 and its implementation process : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Public Health at Massey University, Albany, New Zealand
(Massey University, 2017) Rychert, Marta
Introduction: In July 2013, the New Zealand Parliament passed the Psychoactive Substances Act (PSA), the world’s first law to regulate the availability of new psychoactive substances (NPS, “legal highs”, LH). Under the “interim PSA regime” 47 products were permitted to be sold subject to new retail and other regulations. In May 2014, the Government abruptly ended the interim regime following public protests. This thesis aims to critically evaluate the PSA and its implementation. Methods: A mixed methods approach combined qualitative and quantitative methods of data collection and analysis. Legal analysis of the PSA and related legislation, and content analysis of parliamentary debates and public submissions were completed. Semi-structured interviews were then conducted with key informants (KI) including politicians, government officials, health professionals, and LH industry actors (n=30). Questions about health perceptions and social acceptability of approved products were added to an annual survey of police arrestees (n=834). Analyses of primary data included thematic analysis of interview transcripts and statistical analysis of data from the arrestee survey. Results: The legal definition of “psychoactive substance” (s. 8, 9(1) PSA) overlaps with other regulatory regimes (e.g. medicines, dietary supplements) resulting in an unclear legal status for some products. Interviewed KIs identified a number of issues with the “interim regime”, including the safety of interim products, speed and efficiency of withdrawing problem products, the lack of regulations on price and retail opening hours, slowness of developing regulations for the full PSA regime, and the effectiveness of communicating the new policy to stakeholders and the public. As the market commercialised, the LH industry adopted business and lobbying strategies previously attributed to the alcohol and tobacco sectors, including targeting vulnerable customers. Surveyed police arrestees considered approved synthetic cannabis (SC) products higher health risk and less socially acceptable than alcohol, tobacco and many illegal drugs, reflecting problems with interim product approvals. The ban on animal testing of prospective products is likely to prevent further implementation of the PSA, unless a new political consensus is achieved. Conclusions: The issues experienced during PSA implementation highlight the significant challenges of establishing a legal market for psychoactive products. The time, resources and planning required to successfully implement the PSA may have been underestimated.

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