New Zealand to Tighten Vape and Tobacco Control Laws
Government Moves to Strengthen Youth Protection
The New Zealand government will amend tobacco control laws to limit the proximity of vape retailers to schools and childcare centers, increase penalties for selling vapes to minors, and ban single-use vapes. The new rules are expected to take effect in November 2024.
Amendments to the Smoke-free Environment and Controlled Products Act
According to the official website of the New Zealand Ministry of Health, on November 4, the government announced changes to the Smoke-free Environments and Controlled Products Act 1990.
These amendments aim to reduce the appeal and accessibility of vape products to individuals under the age of 18.
The Smoke-free Environments and Controlled Products Amendment Bill (No. 2), which contains the new measures, is still progressing through the legislative process and is expected to become law by November 2024.
Key Legislative Changes
1. Minimum Distance Between Vape Shops and Schools
Specialist Vape Retailers (SVRs) and Early Childhood Education (ECE) centers must now be at least 100 meters apart.
This new restriction applies to newly opened stores, and SVRs must also be located away from schools or children’s activity centers. The 300-meter rule for existing shops will remain unchanged.
2. Increased Penalties for Selling to Minors
Penalties for violations under the amended law will be significantly increased:
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The fine for companies selling vapes to minors rises to NZ$100,000.
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The fine for individuals increases to NZ$10,000.
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Retailers, manufacturers, buyers, or distributors can face fines of NZ$2,000 for infringements, or NZ$1,000 in other cases.
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Illegal advertising of vapes or heated tobacco products can result in fines up to NZ$120,000 for large retailers and NZ$50,000 for smaller ones.
These penalties can be imposed without prosecution, giving regulators more direct enforcement power.
3. Restrictions on Retail Display and Online Visibility
The new rules will limit how vape and heated tobacco products are displayed in retail spaces.
Vape brands can no longer be openly displayed in general retail stores, including online platforms, except within licensed specialty vape shops.
The Ministry of Health will issue detailed industry guidance in early 2025 to ensure compliance.
4. Ban on Single-Use Vapes
A complete ban on disposable (single-use) vapes will take effect six months after the bill becomes law.
This measure is intended to reduce environmental waste and discourage youth experimentation with easily accessible disposable devices.
5. Updated Notification Requirements for Vape Businesses
Businesses under the Retailer, Purchaser, or Supplier (RPS) notification system must update their registered information.
They must now provide the name and address of each retail location, in addition to company details.
Existing RPS registrants will be contacted by the Health and Regulatory Platform (HARP) to update their information.
Operating without a valid RPS registration is illegal and carries a fine of NZ$500 or prosecution with fines up to NZ$5,000.
Implementation Timeline
Within six months of the legislation’s passage, the ban on single-use vapes and retail display restrictions will come into force.
This transition period is designed to give the industry adequate time to adapt and comply with the new legal framework.
