The Disposable Vape Ban in NZ: What the Law Says
Since 17 June 2025 it has been an offence to sell, offer for sale, manufacture, supply or distribute a disposable vaping device in New Zealand. This page sets out what the prohibition covers and what the law requires of a device instead.
What the law says
Section 20FA of the Smokefree Environments and Regulated Products Act 1990 prohibits disposable vaping devices. The Act defines a disposable vaping device as one that is not designed or intended to be reused, and states that this includes a device that:
- is not designed to be refilled by the user with a vaping substance, or by using a pod, cartridge or similar container; or
- is not designed to be recharged; or
- is both of those things.
A device therefore falls within the prohibition if it fails either test. A device that is rechargeable and either refillable or able to take a replaceable pod sits outside it.
The penalty is a fine of up to $400,000 for a notifier or large retailer, and up to $50,000 for any other person.
Possession is not affected
The prohibition applies to sale and supply, not to possession or use. A device bought before the prohibition took effect can still be used; it cannot be sold or supplied.
What a compliant device must have
- A rechargeable battery, and the ability to be refilled or take a replaceable pod.
- A child safety mechanism requiring two simultaneous or five sequential actions to activate, which the user cannot permanently override or deactivate.
- Automatic deactivation within 10 minutes of vaping stopping.
- Over-discharge protection, on-board charging circuitry and the other product safety requirements in Schedule 5 of the Smokefree Environments and Regulated Products Regulations 2021.
A removable battery is not required. That requirement was removed with effect from 1 September 2025, so both sealed-battery and removable-battery devices are compliant.
Device types that remain lawful
Two categories of pod system meet the requirements: prefilled systems, where a rechargeable battery unit takes a sealed pod that is replaced when empty, and refillable systems, where the user fills the pod from a bottle. Tank and sub-ohm devices are also refillable and rechargeable. How each pod system works explains the practical differences.
E-liquid rules
All vaping substances sold in New Zealand must be notified and must meet the labelling and composition rules, whichever device they are used in:
- Nicotine is capped at 20 mg/mL in freebase e-liquid and 28.5 mg/mL of nicotine in nicotine salt e-liquid.
- A variant name must describe the actual flavour using one or two of the flavour names listed in Schedule 4A of the Regulations, such as Strawberry or Mint. Invented or branded flavour names are not permitted, and products that did not comply became unsaleable on 21 March 2024.
- Containers must carry the bilingual nicotine warning, the prescribed safety messages, the ingredients, the nicotine concentration in mg/mL, a batch identifier and the notifier's details.
Bringing a device into New Zealand
The prohibition applies to manufacture, distribution, sale and supply within New Zealand. Rules on personal importation are administered by New Zealand Customs; check their current requirements before bringing any vaping product into the country.
Common questions
Why was the prohibition introduced?
The stated reasons were environmental — single-use electronic waste — along with concerns about uptake among young people, and bringing all devices under a common set of safety requirements.
Is a prefilled pod system a disposable?
No. The battery unit is reused and recharged; only the pod is replaced. That places it outside the statutory definition.
Do the rules apply to nicotine-free products?
Yes. Device safety requirements, notification, display restrictions and the age-of-sale rules apply to vaping products whether or not they contain nicotine.
Related reading
Sources: Smokefree Environments and Regulated Products Act 1990, ss 2(1) and 20FA; Smokefree Environments and Regulated Products Regulations 2021, Schedules 4A and 5; Ministry of Health, Recent changes to Smokefree laws.