E-cigarette vaping in New Zealand

The sale of nicotine containing e-liquids was banned until May 2018, but these laws were rarely enforced. A court decision on 9th May 2018 made any tobacco product, including e-cigarettes and heated tobacco 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 currently only applies to smoking, however individual organisations can ban the use of e-cigarettes as part of their own smoke-free policies. A proposal by the Ministry of Health has been made that states that vaping, and the use of other smokeless tobacco products, will be prohibited in vehicles when children are present. This will be achieved through the Smoke-free Environments (Vaping) Amendment Bill, which will progress through Parliament later in 2019. The Bill will propose to prohibit vaping and the use of smokeless tobacco products in all legislated smoke-free areas. 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.