Since vape products contain nicotine, which is a regulated substance, it is natural for New Zealand's Ministry of Health (Manatū Hauora) to pass legislation that regulates the use and distribution of vape products. Users and sellers alike are expected to adhere to these laws to ensure proper use and public safety. As responsible users and sellers, it is important that we have a good understanding of these laws.
Current Regulations
As of writing, there are three major pieces of legislation in New Zealand that oversee the use and sale of vape, tobacco, and other nicotine-based products. These laws provide guidelines, restrictions, and penalties surrounding the consumption and distribution of vape products. Here is a quick overview of these laws:
| Legislation | Description | Goal |
|---|---|---|
| Smokefree Environments and Regulated Products Act 1990 | The act that established the legal framework for the production, sale, advertising, importation, packaging, and use of vaping or tobacco products in New Zealand. | Aimed to protect public health through the reduction of smoking-related health risks while considering vape as a less harmful alternative to traditional cigarettes. |
| Smokefree Environments and Regulated Products Regulations 2021 | Provided detailed operational rules to enact the Act. It regulates how businesses must comply by establishing product standards, nicotine limits, disclosures, packaging, and advertising rules. | Aimed to set safety standards for all vape products in New Zealand by providing clear, detailed technical requirements and compliance procedures. |
| Smokefree Environments and Regulated Products Amendment Act 2024 | Introduced stricter rules for retail and advertising of vape products in response to rising youth vape use. It banned disposable vape products, prohibited retailers from giving discounts and giveaways on vape products, and increased penalties for non-compliance. | Aimed to reduce youth access while preserving vaping as a smoking cessation tool for adult smokers. |
While these laws provide detailed guidelines, reading and understanding them can be quite a task. So, to sum up, here are the key points to understand from these laws.
Age Restriction
One must be at least 18 years of age to purchase and use vape products. Selling vape products to minors is strictly prohibited and is punishable by law, and penalties for this offence have significantly increased over the years. Retailers must always verify age before selling vape products to any individual.
Technical Standards
The Smokefree Environments and Regulated Products Regulations 2021 provide detailed technical standards for all vape products manufactured, imported, and sold in New Zealand. These standards include a maximum nicotine concentration of 28.5mg/mL, applying to both nicotine salt and freebase e-liquids, along with device specifications, safety features and child locks, device quality, and full product disclosures, including a health warning, on packaging.
Business Standards
Retailers are not allowed to advertise vape products. Giving out discounts and vape product giveaways is also prohibited. Retailers must be approved as a specialist vape retailer to sell the full product range. Retailers are also not allowed to display vape products in public view. Products may be displayed inside stores, but under strict compliance, and must not be visible from outside the store.
Public Safety
Public health is the primary concern behind these laws, so vaping is prohibited in places where smoking is prohibited, such as workplaces, schools, and most indoor public places. Local government and certain establishments can designate specified smoking and vaping areas.
Penalties
These laws impose penalties on those who violate the set standards. Penalties range from infringement fines of a few hundred dollars up to $100,000 for offences such as selling to minors, and up to $200,000 for publishing a prohibited advertisement, with imprisonment possible for the most serious cases. These penalties reflect how seriously the government treats public health and safety in this area.
Continuous Updates
Another important thing to keep in mind is that these laws allow the Ministry of Health to continuously update the regulations. This ensures existing rules remain relevant to current developments in the vaping industry and helps protect the public from those who try to find ways around them. One example of this is 17 June 2025, which reshaped the vaping industry in New Zealand with two major changes:
-
Ban on disposable vape products. The government banned the production, importation, sale, and use of disposable vape products. This ban:
- Minimised youth access to disposable products, which were cheaper than their refillable counterparts.
- Reduced the risk caused by improper disposal of such products.
-
Marketing and advertising restrictions. Retailers are prohibited from advertising vape products.
- Giving discounts, promotions, and giveaways on vape products is not allowed.
- Vape products must not be displayed in public view by retailers.
- Health warnings must be included on packaging.
Why Do I Need to Know These?
While some countries ban vaping products outright, the New Zealand government takes a different approach that promotes responsible use. These laws ensure that retailers, users, and the public are aware of the risks that irresponsible use poses. Knowing them helps protect you and others from the harm that unregulated nicotine content and substandard products can cause.
Sources
- Ministry of Health (Manatū Hauora): Recent Changes to Smokefree Laws
- Ministry of Health (Manatū Hauora): About the Smokefree Act
- Ministry of Health (Manatū Hauora): Regulatory Guidelines for Retailers of Vaping and Other Notifiable Products
- New Zealand Legislation: Smokefree Environments and Regulated Products Regulations 2021
- Beehive.govt.nz: Vape Stores Go Dark, Disposable Vapes Banned
This article is a general summary for informational purposes only and does not constitute legal advice. Legislation and penalty amounts can change; for definitive guidance, consult the Ministry of Health (Manatū Hauora) or the Vaping Regulatory Authority directly. Vaping products are restricted to adults 18+ under New Zealand's Smokefree Environments and Regulated Products Act.