New Zealand

               

Brief Overview

Nicotine-containing e-liquids are currently regulated as tobacco products in New Zealand by the Smoke-free Environments Act, which prohibits their sale. Non-nicotine e-liquids and e-cigarettes that are not marketed as therapeutic products can be legally sold, and nicotine can be imported provided it’s for personal use only.

Vaping in smoke-free places is not prohibited by the Smoke-free Environments Act 1990. However, individual organisations can ban the use of e-cigarettes as part of their own smoke-free policies.

The Government is planning to change the law regulating e-cigarettes. These changes need to go through Parliament before they can take effect, and this will likely happen from the middle of 2018 at the earliest.

The proposed changes are to:

  • legalise the sale and supply of nicotine e-cigarettes and e-liquid as consumer products
  • regulate nicotine and non-nicotine e-cigarettes and e-liquid as follows:
    • prohibit sale, and supply in a public place, to under 18 year olds
    • restrict sale via vending machines to R18 settings
    • allow all retailers to display e-cigarettes and e-liquid at point-of-sale
    • allow R18 retail settings to display e-cigarettes and e-liquid in-store (including window display), promote products on the outside of the store, and offer discounts, free samples, loyalty awards etc.
    • prohibit broader advertising, e.g. billboards, radio, TV, Internet (the rules above will apply to retailers’ websites)
    • prohibit vaping in workplaces and other areas where smoking is not allowed under the Smoke-free Environments Act 1990 (SFEA)
    • set requirements for product safety (e.g. nicotine concentration, child-resistant closures etc.)

There are a number of vape stores to be found throughout New Zealand, mainly around the Auckland area, Wellington, and Christchurch with a smaller number to be found in some other areas of the country.

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All Laws & Regulations

New Zealand became a Party to the WHO Framework Convention on Tobacco Control on February 27, 2005.

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/new-zealand/summary

World Health Organization Tobacco Report: http://www.who.int/entity/tobacco/surveillance/policy/country_profile/nzl.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/new-zealand/

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