New Zealand Download PDF

Each country profile draws together some of the key statistics and regulatory information for each country in relation to smoking tobacco and safer nicotine products.

Sale of nicotine containing e-liquids was banned until May 2018 but laws were rarely enforced. A court decision on 9th May 2018 made any tobacco product including e-cigarettes, and heat-not-burn products legal to import, buy & sell - subject to tobacco rules.The court case Philip Morris v Ministry of Health found all tobacco products - except chewing and dissolving types - could be lawfully sold under the Smoke-free Environments Act (1990). The ban on smoking in indoor workplaces, early childhood centres and schools only applies to smoking however individual organisations can ban the use of e-cigarettes as part of their own smoke-free policies. E-cigarettes cannot be sold to minors under 18 and must comply with rules on health information and warnings. There are restrictions on sales via vending machines and packaging must comply with rules on packaging for tobacco products. There are also restrictions on advertising, promotion and sponsorship. The Ministry of Health now plans to consider how best to apply risk-proportionate regulation to all tobacco and vaping products.
Selling e-cigarettes (containing nicotine) and control mechanisms
Sale of e-cigarettes
Allowed[1, 2, 3]
As tobacco products
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

General use and availability
Legal to use
Yes[1, 2, 3]
Legal to sell device
Yes[1, 2, 3]
Legal to sell nicotine
Yes[1, 2, 3]
Legal to buy device online (personal use)
Yes[1, 2, 3]
Legal to buy nicotine online (personal use)
Yes[1, 2, 3]
Legal to import device - trade
Yes[1, 2, 3]
Legal to import nicotine - trade
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Advertising & promotion
Public advertising allowed in all Media
No[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Health
Minimum age restrictions on sales
Yes 18+[1, 2, 3]
Child & tamperproof containers required
Yes[1, 2, 3]
Legal restrictions on vaping in public places
No[1, 2, 3]
Health warning on packaging required
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Notes on methodology & limitations

Data has been collected from a range of sources which are openly available online, such as vaping information/regulation websites & direct from country's legislation where available. In a few instances information has been included which was received from individuals specialising in the field. The regulatory picture changes frequently and these tables show the situation at time of going to press. This website will be updated as/when new regulatory information is received. There are gaps in the data available - readers are invited to send in updated information to the GSTHR team.

Country News

  • Wednesday, December 12, 2018
  • Government has moved too slowly to regulate e-cigarettes, lead respiratory doc warns

  • Dr Stuart Jones says “the horse has bolted” because parents believe it’s safe – when it isn’t.

  • Tuesday, December 11, 2018
  • By Ignoring Vaping, Mental Health Orgs Abandon Vulnerable Smokers

  • Recently, the Royal Australian and New Zealand College of Psychiatrists (RANZCP) came out in favor of the use of vaping products for people who have a psychiatric diagnosis. The organization released a statement saying, “The RANZCP acknowledges that e-cigarettes and vaporisers provide a less harmful way to deliver nicotine to people who smoke, thereby minimising the harm associated with smoking tobacco and reducing some of the health disparities experienced by people living with mental illness.”

  • Friday, November 23, 2018
  • New Zealand moves to tighten vaping laws

  • New Zealand lawmakers have announced strict new vaping rules that would see e-cigarettes treated more like tobacco products.

    The country's government has proposed legal changes that would see vaping devices and smokeless tobacco products join cigarettes in being banned from bars, restaurants and workplaces, as well introducing restrictions on how they can be displayed in stores. [...] Health Minister Jenny Salesa said the introduction of new safety standards would also give assurance to those trying to quit smoking using the devices [...]

  • Wednesday, October 24, 2018
  • Flavoured capsule cigarettes pose a threat to smokefree goals

  • The research [...] examined young adults' responses to flavour capsule cigarettes. When crushed, these capsules add a flavour (typically fruit or menthol) to the cigarette smoke inhaled; this type of cigarette allows users to customise their smoking experience and reduce the harshness of smoking.

    Lead researcher, Professor Janet Hoek [...] says the findings suggest susceptible non-smokers see flavour capsules as more appealing, and they are more likely to experiment with these than with unflavoured cigarettes.

  • Tuesday, October 23, 2018
  • Smoking ban for hundreds of outdoor dining spots across Auckland

  • Smoking outside hundreds of cafes, restaurants and bars is being snubbed out in Auckland. Auckland Council is making more than 800 restaurants, cafes and bars with outdoor dining smokefree as part of new licensing rules. The move would apply to all hospitality venues that use council-licensed areas for al fresco dining and drinking. Council's environment and community committee chairperson Penny Hulse said the change was part of a commitment to be a healthier, smokefree city by 2025.

  • Monday, September 24, 2018
  • Increased Tobacco Tax Not The Only Option

  • Hāpai Te Hauora agree with calls to reprioritise tobacco tax funds made in the recently released 'Future of Tax' interim report from the Tax Working Group. The group has called for the government to prioritise other measures with respect to smoking cessation. These include more educational campaigns and reinvestment of funds into initiatives which support people to stop smoking.