New Zealand Introduces Major Amendments to Smoke-Free Law
The New Zealand Ministry of Health has announced significant changes to the Smoke-free Environments and Regulated Products Act 1990.
The amendments include new restrictions on vape shop locations, tighter advertising and display rules, increased penalties, and a ban on disposable vapes.
Some provisions take effect immediately, while others will be implemented after a six-month transition period to give retailers time to comply.
Increased Penalties for Vape Regulation Violations
Effective December 17, 2024, fines for violating vape regulations will rise substantially:
- Selling vapes to minors:
- NZ$100,000 for legal entities (up from NZ$10,000)
- NZ$10,000 for individuals (up from NZ$5,000)
- Infringement fines without prosecution:
- NZ$2,000 for manufacturers, importers, distributors, or retailers (up from NZ$500)
- NZ$1,000 for other cases
- Advertising violations:
- NZ$200,000 for manufacturers, importers, or distributors
- NZ$70,000 for large retailers
- NZ$50,000 for small retailers (up from NZ$15,000)
New Location Restrictions for Vape Shops
From December 17, 2024, new specialist vape retail stores (SVRS) will be prohibited from opening within 100 meters of an Early Childhood Education Centre (ECE).
This rule applies only to new specialty vape shops, not to existing stores or general retailers.
The current rule requiring stores to be located more than 300 meters from schools and community halls remains unchanged.
The Ministry of Health will verify the location of new shop applications to ensure compliance.
New Notification Requirement for Retailers
Also beginning December 17, 2024, all general retailers selling vapes, herbal smoking products, or smokeless tobacco (including supermarkets, convenience stores, and petrol stations) must submit a Regulated Product Seller Notice (RPS) to the Ministry of Health.
The notice must include the retailer’s trade name and store address.
Advertising and Display Restrictions
Starting June 17, 2025, new display and advertising restrictions will take effect:
- General retailers will be banned from displaying vape products and packaging in stores.
- Specialist vape retailers will not be permitted to display products outside their premises.
- The ban also applies to online advertising and vending machine displays.
Ban on Disposable Vapes
From June 17, 2025, the manufacture, distribution, sale, and supply of single-use vapes will be prohibited in New Zealand.
The ban does not apply to refillable or replaceable vape devices.
Stricter Rules for Vape Retailers and Online Stores
Also effective June 17, 2025:
- Specialist vape retailers will be prohibited from communicating vape product information to existing customers.
- Posters, advertisements, and visible promotional materials inside or outside stores will be banned.
- Online retailers will no longer be allowed to display vape product images or promotional content on their websites.
- However, in-store materials that provide factual information about vapes as alternatives to smoking will still be permitted.
Ban on Promotions, Discounts, and Free Products
As of June 17, 2025, specialty vape retailers — including online stores — will be prohibited from offering:
- Free vape products
- Merchandise discounts
- Rewards or gifts
- Promotional sweepstakes or prize draws
