Ministry prosecutes vape retailer

A Christchurch shopkeeper has been fined $56,000 for the illegal sale of vapes and cigarettes, including selling vapes to minors.  

This is the highest fine issued for offences against the Smokefree Environments and Regulated Products Act 1990. It is also the first time that an individual has been convicted in New Zealand for selling vaping products to minors, since these powers became available in 2020. Infringement notices are routinely issued for sales of vaping products to minors, and these can result in a fine of up to $1000.  

The shopkeeper, Xiaoming He, has been convicted of 12 charges under the Act. Three charges relate to selling vapes to people under 18 years old and five are for selling vapes in flavours that Mr He was not permitted to sell as he was not a Specialist Vape Retailer. The remaining four charges are for selling single cigarettes or selling cigarette packets that did not display standard health warnings. 

Group Manager of Public Health Policy and Regulation, Jane Chambers, says this sentencing sets a precedent for Smokefree enforcement and sends a clear message that anyone illegally selling vapes or cigarettes will be held to account and could face significant fines.  

“Health agencies have a role in protecting the public, especially those under 18, from the illegal sale of vape and tobacco products. The Ministry’s prosecution follows a substantial investigation by Health New Zealand into Mr He’s two shops, including several operations where minors attempted and succeeded in purchasing vapes,” says Jane Chambers.  

“We do not want children having access to vapes and tobacco. Retailers are required by law to ensure they are only selling these products to people over 18, and we take any breaches seriously – especially when there is persistent and repeated non-compliance as we saw in this case,” says Jane Chambers. 

The Ministry understands Mr He is currently overseas. If court ordered fines are not paid, a warrant can be issued for a person’s arrest which may stop them upon arrival to New Zealand.