Set to take effect in June 2025, the new vape regulations are part of the ‘Smokefree Environments and Regulated Products Amendment Bill (no. 2), aiming to combat youth vaping and promote public health.
The new amendments include a ban on the production, sale, and distribution of disposable vapes and restrictions on the visibility of the products. With regards to the latter, general retail outlets, will not be allowed to display vapes or their packaging anywhere – this includes online stores and vending machines. While specialty vape shops will need to ensure their products cannot be seen from outside the stores, which in turn must be located at least 100 meters away from early childhood centers, adding to the current 300-meter restriction from schools and marae.
Further measures ban giveaways, discounts, rewards, and other promotional activities for vaping products. Retailers face significantly increased penalties for selling to minors, with fines rising from $10,000 (€5,500) to $100,000 (€55,000). Manufacturers and large retailers breaching the disposable vape ban could be fined up to $400,000 (€220,000), while smaller sellers could face penalties of up to $50,000 (€28,000).
On announcing the measures, Associate Health Minister Casey Costello said that while vaping’s role in helping adults quit smoking cannot be denied, the unregulated availability of vapes has led to widespread use among youth. “Vaping is less harmful than smoking and has contributed to declining smoking rates, but it is not intended for children,” she stated.
… but youth vaping rates are actually declining
Meanwhile, recent data show encouraging trends in youth vaping. The 2024 Action on Smoking and Health (ASH) survey of over 30,000 students aged 14–15 reported that 14.1% vaped monthly, down from a peak of 20.2% in 2021. Daily vaping also declined to 8.7% after plateauing at 10% for three years.
ASH Director Ben Youdan attributed this decline to the introduction of vaping regulations, reversing the rapid increase in youth vaping observed between 2015 and 2020, a period when vapes were largely unregulated. More importantly, youth smoking rates remain minimal, with daily smoking reported at just 1.2% among students and 3% among 15–24-year-olds, reflecting the emergence of a largely smoke-free generation.
The importance of restricting access to minors whilst allowing it for adult smokers
ASH actually supports the new restrictions, but underscores the importance of implementing evidence-based programs to educate young people about vaping in a world where such products exist. Moreover, the group acknowledges that vaping has played a significant role in helping tens of thousands of adults quit smoking, hence advocates for a balanced approach.
Ultimately, the ban on disposable vapes and tightened regulations aim to curb youth vaping, mitigate environmental harm, and sustain progress toward New Zealand’s goal of becoming smoke-free. However studies have shown that bans on disposables may be counterproductive to reducing smoking rates, as many smokers find the products an easy transition point into vaping, due to their cheap and non-committal nature.
The Coalition of Asia Pacific Harm Reduction Advocates (CAPHRA) is among those expresseing significant concerns regarding New Zealand’s proposed Smokefree Environments and Regulated Products Amendment Bill (No 2). CAPHRA has cautioned lawmakers against hastily passing the bill through Parliament before the year’s end, warning of potential adverse impacts on public health.
Nancy Loucas, CAPHRA’s Executive Coordinator, emphasized that while the Health Committee reviewed the bill, its report failed to adequately address the concerns raised by numerous submitters. She said that fast-tracking these amendments will likely lead to unintended consequences, and ultimately undermine any current smoking cessation progress.
Submissions were not reviewed thoroughly
CAPHRA’s analysis identified several critical issues with the bill and the review process, starting with the fact that voices of vapers and harm reduction advocates were largely overlooked in the committee’s recommendations, despite their active participation in submissions. In fact, even submitters’ concerns about the potential rise of illicit vaping products due to restrictive regulations were not given sufficient attention, and the limited time for submissions and review, calls into question the thoroughness and inclusivity of the process.
Tobacco harm reduction (THR) experts are concerned that the presented restrictions on vape access could hinder smoking cessation efforts, and ultimately contradict New Zealand’s goal to achieve Smokefree 2025. The recommendations do not fully align with harm reduction strategies which have been instrumental in lowering smoking rates in the country.
CAPHRA has urged the government to take a more measured approach by extending the legislative timeline, commissioning an independent impact assessment, and ensuring that any new regulations adhere to proven harm reduction principles. “New Zealand has been a global leader in tobacco harm reduction. It is essential to protect that progress by ensuring that any new legislation is evidence-based and thoroughly vetted,” concluded Loucas. CAPHRA and other tobacco harm reduction entities continue to advocate for thoughtful, effective policies that balance harm reduction with public health objectives.