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About the regulation of vaping and other notifiable products
The Ministry of Health is responsible for the regulation of vaping products and smokeless tobacco products (notifiable products). The Ministry manages applications from retailers to become specialist vape retailers (and to apply for approved vaping premises and approved websites), and receives annual reporting information from manufacturers, importers, and specialist vape retailers.
Types of notifiable product retailers
There are 2 types of notifiable product retailers in New Zealand:
- General retailers: a store that sells notifiable products which includes a limited vaping product range of flavours (tobacco, menthol and mint). They do not require any prior approval to operate, but they must notify the Ministry that they sell these products.
- Specialist vape retailers (SVR): a store that sells vaping products with a full range of flavours. These retailers need to be approved by the Vaping Regulatory Authority to open. If you’d like to become a specialist vape retailer, you must go through the application process and be approved.
Vaping was first regulated in New Zealand in 2020 by an amendment to the Smokefree Environments and Regulated Products Act 1990. More detailed regulations for vaping were implemented in 2021 and 2023.
Key points to know about this legislation are listed on this page.
Smoking and vaping is banned inside
The Act bans smoking and vaping at all times inside all workplaces, licensed premises, some public enclosed areas, and anywhere on the grounds of schools and early childcare and education centres. Find out more about smoking and vaping in internal areas.
Some local councils also have bylaws or policies with extra rules vaping and smoking in public areas. Please check your local council’s website to find out more.
Selling to people under 18
No one may sell regulated products to minors (people under 18) at any time, including vapes, tobacco, smokeless tobacco, herbal smoking products and even toy smoking products. Doing so may mean you receive a fine.
Retail stores
Specialist vape retailers (SVRs) cannot open their store without applying and being approved. If they would also like to sell online, they must apply and be approved to do so separately. New SVRs have to be at least 300 metres from a school or marae.
Find a list of all approved specialist vape retailers on the HARP database.
General retailers, such as dairies, only need to ‘notify’ the Ministry of Health that they are selling vaping products, which they can do in our website HARP. However they can only sell a limited range of flavours. General retailers may sell online without additional approval, as long as they have already ‘notified’ as a retailer.
Self-service vending machines for these products are banned. All retailers have to submit sales information to the Ministry of Heath every year.
Find out more about what information and signs you can display.
Importing and manufacturing
Importers and manufacturers have to ‘notify’ the Ministry of Health that they are making these products in New Zealand, or importing these products into New Zealand.
All importers and manufacturers have to keep records and submit sales information to the Ministry of Heath every year.
Products
Stores, importers and manufacturers have to notify the products they sell, before they can be sold in New Zealand.
This is separate to the annual returns – we need to know what you’re selling so we can make sure the products are safe and respond if there’s an adverse reaction.
All products sold must meet requirements in regulations, including maximum nicotine concentration, labelling rules and flavour names for vaping products.
Find out more about product requirements and notifications.
Compliance checks
Compliance (making sure people follow the rules) is shared between the Ministry of Health and the National Public Health Service. The National Public Health Service do surprise controlled purchase operations (CPOs), where a minor is sent in to test whether the store will sell to someone under 18. The Ministry of Health does a similar CPO for online retailers.
Both agencies respond to complaints from the public about breaches of the Act, and Smokefree Enforcement Officers lead this work.
The Ministry of Heath leads a range of other compliance and enforcement activities under the Act.
