New Zealand treats vaping the same as smoking in most public settings. The rules come from the Smokefree Environments and Regulated Products Act 1990 and its amendments, with extra restrictions added by councils, employers and venue owners. This guide sets out where you cannot vape, where the decision is up to the property owner, and what the penalties are. It is current as of September 2026 and applies to adults; vaping products cannot be sold to anyone under 18.

Places where vaping is banned by law

The Act bans smoking and vaping at all times in:

• All indoor workplaces, including offices, factories, warehouses, shops and staff rooms.
• Licensed premises: the indoor areas of bars, pubs, restaurants, cafes, clubs and casinos.
• Some enclosed public areas, such as shopping malls and public transport (buses, trains, ferries, taxis and ride-share vehicles while working).
• Anywhere on the grounds of schools and early childhood education centres, indoors and outdoors, at any time of day.
• Aircraft. Vaping on a plane is prohibited. See our separate guide to flying with a vape.

These are legal bans, not house rules. Signage is not required for the ban to apply.

Cars and other vehicles carrying children

Since 28 November 2021 it has been an offence to smoke or vape in a motor vehicle that is carrying anyone under 18, whether the vehicle is moving or parked. The rule applies to private cars as well as work vehicles. Police enforce it and can issue a warning, refer the driver to a stop-smoking service, or issue a $50 infringement fee. Opening a window does not change the rule.

Outdoor areas: council policies

The Act does not ban vaping outdoors in general, but many councils have smokefree and vapefree policies covering parks, playgrounds, sports grounds, bus stops, beaches and town centres. Most of these policies are educational rather than enforced by fines, but they are the expected standard in those spaces. Dunedin City Council, for example, is updating its Smokefree Dunedin Policy to include vaping and to add smokefree areas around sensitive sites. Check your own council's website for the areas it has designated.

Private property and venues

Outside the legal bans, the owner or manager of a property decides. Bars and cafes can allow or prohibit vaping in their outdoor areas. Employers can prohibit vaping anywhere on their premises, including outdoors and in company vehicles, through workplace policy. Landlords can prohibit vaping inside rental properties through the tenancy agreement. Hospitals, universities, stadiums and most large venues have their own smokefree and vapefree policies that cover the whole site. Always assume vaping is not allowed unless you have checked.

Common questions

Can I vape at an outdoor bar or restaurant table?

Only if the venue allows it. The legal ban covers the indoor area; the outdoor area is the venue's decision.

Can I vape at a bus stop or train station?

Vaping on the bus or train itself is banned. Stops, shelters and stations are usually covered by council or transport operator policies, so the practical answer is no.

Can I vape in my own car?

Yes, as long as no one under 18 is in the vehicle.

Can my employer stop me vaping outside at work?

Yes. The law sets the minimum (no vaping indoors); an employer can set stricter rules for its own premises and vehicles.

Who enforces the rules?

Compliance with the Act is shared between the Ministry of Health and the National Public Health Service, whose Smokefree Enforcement Officers respond to complaints. Police enforce the vehicle rule.

Related reading

• NZ Vaping Regulations 2026: Everything You Need to Know
• Flying and Travelling with a Vape in NZ
• Frequently Asked Questions

Sources: Ministry of Health, About the Smokefree Act and Recent changes to Smokefree laws; Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020.