Smokefree legislation
The Smokefree Environment and Regulated Products Act is a major piece of tobacco legislation in Aotearoa. Learn about our laws and how to complain if you think there are any breaches.
The law on tobacco
The Smokefree Environments and Regulated Products Act 1990 is a key piece of smokefree legislation in Aotearoa New Zealand. It exists to help Aotearoa to increasingly focus on being smokefree.
This is among the most comprehensive pieces of tobacco control legislation in the world. We have been at the forefront of tobacco control internationally and have made steady progress in reducing smoking prevalence and tobacco consumption.
The Act's main aims are:
- restricting the sale and supply of tobacco and vaping products to those over the age of 18
- regulating and controlling the marketing, advertising, and promotion of vaping and tobacco products
- discouraging people, especially children, young people, and non-smokers from taking up smoking and vaping
- reducing the exposure of people who do not smoke to any detrimental effects on their health caused by smoking by others
- regulating the safety of vaping products and smokeless tobacco products
- monitoring and regulating the presence of harmful constituents found in regulated products and their emissions.
Since its introduction, several amendments have been made to include legislation around vaping, and to prohibit smoking and vaping in motor vehicles with children. Read about them on the Ministry of Health website:
- Smokefree Environments and Regulated Products Act 1990
- Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
- The Smokefree Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act
- Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022
- Smokefree Environments and Regulated Products Amendment Bill (No. 2)
Vaping and the law
The Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 is an amendment of the Smokefree Environments Act 1990.
This amendment introduced vaping to our legislation. Its intention is for vaping products to be available for people who want to switch from smoking to a less harmful alternative, while ensuring the products aren’t marketed or sold to young people. The Act regulates the safety of vaping products, and places controls on the marketing, advertising, messaging and promotion around them.
Some of the key changes were:
- The sale or supply of vaping products to people under 18 is prohibited.
- Indoor vaping is prohibited at workplaces, restaurants and licensed premises.
- Vaping is prohibited at schools and early childhood centres, both indoors and outdoors.
- Most advertising and sponsorship of vaping products is prohibited.
- Retailers cannot encourage the use of vaping products (with some exceptions).
Further changes to vaping laws have come into force with the Smokefree Environments and Regulated Products Amendment Bill to make vaping less appealing and less available to people under the age of 18.
Read more about the regulations on the Ministry of Health website.
Making a complaint
You have rights to make a complaint if you see:
- someone smoking in an area that should be smokefree and vapefree
- tobacco or vaping promotion or advertising
- a retailer selling tobacco or vaping products to a person under 18 years old
- something else you think breaches the Smokefree Environments and Regulated Products Act 1990.
You can make a complaint by completing the Health NZ form.
If you have any questions or complaints about vaping products, you can contact the Vaping Regulatory Authority.