No, electronic cigarettes (e-cigarettes or vapes) are not completely banned in New Zealand. However, they are strictly regulated under the Smokefree Environments and Regulated Products Act 1990 (and subsequent amendments).
Key Regulations Effective in 2023
Legal Age: You must be at least 18 years old to legally purchase and use vapes in New Zealand.
Disposable Vapes: A significant restriction enacted in late 2022 and enforced in 2023 is a ban on the sale of most disposable vapes. Only specific “child-proof” disposable vapes designed to prevent easy access to the e-liquid and those with removable/replaceable batteries can be sold. This ban primarily targets single-use devices popular among youth.
Retail Restrictions:
- Specialist Vape Retailers: Can sell any vaping product flavors and brands.
- General Retailers: Only permitted to sell tobacco, menthol, and mint flavored vapes. Cannot display vaping products openly; customers must ask staff.
Marketing and Advertising: Heavily restricted. Advertising vaping products to the public (e.g., via billboards, radio, TV) is banned. Specialist retailers can advertise inside their stores and on their websites.
Product Safety Standards: All products must meet specific safety requirements regarding nicotine concentration, ingredients, and packaging (e.g., child-safety mechanisms, tamper-evident seals, health warnings). Pre-market notification to the Vaping Regulatory Authority (VRA) is required.
Protection of Minors
Selling to Anyone Under 18 is illegal and subject to significant fines. Retailers must verify age if the customer looks under 25.
Vaping is prohibited in smoke-free areas, including inside workplaces, restaurants, bars (unless designated outdoor smoking areas), and near school grounds.
Key Points
- Not Banned: Vaping remains legal for adults aged 18 and over.
- Disposable Ban: Sale of non-compliant disposable vapes is banned.
- Flavor Restrictions: Limited flavor choices in general retail outlets.
- Strict Sales & Marketing Rules: Age verification, display restrictions, and limited advertising are enforced.
- Youth Protection Focus: Many regulations specifically target reducing youth access and appeal.
Regulations continue to evolve. Retailers and users must stay informed about current requirements enforced by the VRA and Ministry of Health.
