Market & legal data for the vapour sector in New Zealand

26th July 2024: New Zealand: The Ministry of Health sent a reminder that, from 1st October, all vaping devices must have a child safety mechanism and a removable battery and that retailers have to manage their stock to sell it down until that date. The requirement for disposable vapes has been in force since 21st October 2023. The ministry also published how the child safety mechanism should work. It requires at least two simultaneous or five sequential operations before the vaping device is turned on, and must automatically turn the device off within a period of no more than ten minutes after vaping has stopped.
24th July 2024: New Zealand: After opposition parties criticised health minister Casey Costello’s decision to cut the excise tax on heated tobacco products (HTPs) by 50%, the minister said in a parliamentary enquiry that the government is committed to achieving Smokefree Aotearoa 2025 (less than 5% of smokers) and ensuring there are “tools available to achieve the target audience quitting smoking”. She added that “the main audience for this change are the quit-smoking providers, all of whom I will be meeting with over the next month to discuss the best way to continue to reduce smoking rates and achieve our smoke-free 2025 target”.
2nd July 2024: New Zealand: Prime minister Christopher Luxon has published the coalition government’s action plan for the third quarter. One of the 40 points listed in the plan is to “introduce legislation to tighten controls on youth vaping”. No further details have been released.
19th June 2024: China: According to recently updated trade data from the General Administration of Customs, in April 2024, exports of e-cigarettes to New Zealand totalled approximately $9.39m, with a month-on-month increase of 13.8% but a year-on-year growth of 0.17%. The export volume was about 200 tonnes, decreasing 7.01% month-on-month but increasing 15.2% year-on-year. The export unit price was $46.92 per kg, decreasing 7.3% month-on-month and 13% year-on-year, press reports.
27th March 2024: New Zealand: The Ministry of Health has published clarifications on the process for the 2023 annual return of sales information for heated tobacco and e-cigarettes. Retailers must have a separate return form for each store (including online), while importers and manufacturers only need submit one. The return forms must be submitted to the Vaping Regulatory Authority (vaping@health.govt.nz) by 28th April 2024.
20th March 2024: New Zealand: The government has reconfirmed a range of requirements for reusable vapes that will come into effect tomorrow (21st March). Reusable vaping products must comply with the maximum nicotine levels (nicotine salt products 28.5 mg/ml and other products 20 mg/ml) and prescribed flavour descriptors, and there should be no toy or cartoon images on the product. Requirements for selling reusable vaping products that have removable batteries and child safety mechanisms will be postponed to 1st October 2024.
20th March 2024: New Zealand: Associate health minister Casey Costello has announced that the coalition government has agreed to ban disposable vapes, increase fines for sale to under-18s, and implement further restrictions on retailers and a better enforcement system to ensure vape retailers are compliant. The minister highlighted that “reusable vapes are a key smoking cessation device and will remain available”. An amendment to the Smokefree Environments and Regulated Products Act will be submitted to Parliament.
4th March 2024: New Zealand: The government has approved the Smokefree Environments and Regulated Products Amendment Bill, which will repeal parts of the tobacco control legislation passed by the previous government. The provisions mainly relate to smoked tobacco, which does not include e-cigarettes and heated tobacco products. The changes include the repeal of the generational ban for those born after 2008 and the reduction of nicotine levels in conventional cigarettes. The bill needs royal assent before becoming a law.
28th February 2024: New Zealand: The government has introduced the Smokefree Environments and Regulated Products Amendment Bill, which will repeal parts of the tobacco control legislation passed by the previous government. The provisions mainly relate to smoked tobacco, which does not include e-cigarettes and heated tobacco products. The changes include the repeal of the generational ban for those born after 2009 and the reduction of nicotine levels in conventional cigarettes. The bill must now pass three readings in Parliament.
26th January 2024: New Zealand: The Ministry of Health has sent a reminder that they will provide more clarity regarding the annual sales return process for vaping products (due by 31st January each year). They do not expect annual returns to be completed for the 2023 calendar until further advice is provided. The advice is expected to be published before the end of March. General vape retailers – which can only sell flavoured products in tobacco, mint and menthol flavours – will not be required to provide their total sales revenue of non-vaping products as part of their return.
26th January 2024: New Zealand: The Ministry of Health has published guidance on removable batteries in vaping devices. The guidance explains how pod-style devices can comply with the new requirements, which have been applicable since 21st December 2023. Retailers, distributors, importers and manufacturers must only sell disposable vapes with removable batteries and, as of 21st March 2024, this requirement will be extended to reusable vaping products.
25th January 2024: New Zealand: In a document leaked to the press, health minister Casey Costello has suggested increasing fines to crack down on youth vaping, including harsher penalties for selling to minors. Currently, fines vary between NZD5,000 ($3,060) and NZD10,000 ($6,120), and the document allegedly proposes a NZD30,000 ($18,360) fine. Casey denied the proposal and added: "that may be in some reports I received, but I haven't received any advice yet in terms of what those penalties should look like and what would be reasonable".

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