New Zealand to Implement Stricter Vaping Laws

New Zealand Vaping Regulation and Smokefree History

New Zealand is set to introduce significant changes to its Smokefree Environments and Regulated Products Act 1990 through the Smokefree Environments and Regulated Products Amendment Bill (No 2). The primary goal of these amendments is to make vaping products less appealing and less accessible to individuals under the age of 18. While the Bill is still going through the legislative process and may undergo further modifications, it is expected to come into force in November 2024, with changes taking effect gradually over time.

The key changes include:

  • Requiring specialist vape stores to be located at least 100 meters from Early Childcare Education Centres (ECEs)
  • Increasing penalties for violating the law
  • Banning the display of vaping products and heated tobacco products in retail settings
  • Prohibiting the sale and supply of disposable vapes

The location changes and increased penalties will take effect immediately upon the Bill becoming law, while the ban on disposable vapes and retail visibility will come into force six months later, allowing the industry time to adapt to the new regulations.

New Location Restrictions for Specialist Vape Stores

Once the Bill becomes law, new specialist vape retailer (SVR) stores will not be permitted to open within 100 meters of an ECE. This restriction applies only to new specialist stores and does not affect general retailers or existing specialist stores. The existing rule requiring SVRs to be more than 300 meters from schools or marae remains unchanged.

Increased Penalties for Non-Compliance

The Bill will significantly increase fines for selling vaping products to minors and advertising violations. For instance, the fine for selling vapes to a minor will increase from $10,000 to $100,000 for businesses and from $5,000 to $10,000 in other cases. The infringement fine for selling to a minor, which can be issued without prosecution, will increase from $500 to $2,000 for retailers, manufacturers, importers, or distributors, and to $1,000 in any other case.

Retail Visibility Restrictions and Disposable Vape Ban

Vaping products will no longer be allowed to be displayed in general retailers and must not be visible from outside specialist stores, including online stores. The Ministry of Health will develop detailed sector guidance on this matter and share it with retailers in early 2025.

The Bill will also ban the import, manufacture, sale, and supply of disposable vapes. A definition of disposable vapes will be included in the Bill, and guidance will be published on the Ministry’s website as soon as possible. This ban will take effect six months after the Bill becomes law.

Changes to Regulated Product Seller (RPS) Notifications

The information required in RPS Notifications will be updated to include the trading name and trading address of stores, in addition to the current requirements of business/legal entity name and company address. This change applies to all individuals who need an RPS, including general retailers, importers, manufacturers of vaping and notifiable products, and distributors of smoked tobacco products.

Existing RPS Notification holders will be asked to update their accounts in HARP with the new information and will be contacted directly. Failing to submit or renew an RPS Notification is an offense and may result in a $500 fine or up to $5,000 if prosecuted.

Matthew Ma
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