Where Can You Vape in New Zealand? Smokefree Rules for Public Places, Cars and Workplaces (2026)
New Zealand treats vaping much as it treats smoking in public settings. The rules come from the Smokefree Environments and Regulated Products Act 1990, with further restrictions added by councils, employers and property owners. This page sets out where vaping is prohibited by law, where it is the property owner's decision, and who enforces what. It is current as at September 2026.
Prohibited by law
The Act prohibits smoking and vaping at all times in:
- All indoor workplaces, including offices, factories, warehouses, shops and staff rooms.
- The indoor areas of licensed premises — bars, pubs, restaurants, cafes, clubs and casinos.
- Certain enclosed public areas, including shopping malls, and public transport: buses, trains, ferries, taxis and ride-share vehicles while in service.
- Anywhere on the grounds of schools and early childhood education centres, indoors and outdoors, at any time of day.
- Aircraft. See flying and travelling with a vape.
These are legal prohibitions, not house rules. Signage is not required for them to apply.
Vehicles carrying children
Since 28 November 2021 it has been an offence to smoke or vape in a motor vehicle carrying anyone under 18, whether the vehicle is moving or parked. It applies to private and work vehicles alike. Police enforce it and may give a warning, refer the driver to a stop-smoking service, or issue a $50 infringement fee. Opening a window makes no difference to the rule.
Outdoor areas and council policies
The Act does not prohibit vaping outdoors generally, but many councils have smokefree and vapefree policies covering parks, playgrounds, sports grounds, bus stops, beaches and town centres. Most are educational rather than enforced by fines, but they set the expected standard in those spaces. Check your own council's website for the areas it has designated.
Private property and venues
Beyond the legal prohibitions, the owner or occupier decides. Bars and cafes may permit or prohibit vaping in their outdoor areas. Employers may prohibit it anywhere on their premises, including outdoors and in company vehicles, through workplace policy. Landlords may prohibit it inside a rental property through the tenancy agreement. Hospitals, universities, stadiums and most large venues operate site-wide smokefree and vapefree policies. The safe assumption is that vaping is not permitted unless you have checked.
Common questions
Can I vape at an outdoor bar or restaurant table?
Only if the venue permits it. The legal prohibition covers the indoor area; outdoors is the venue's decision.
Can I vape at a bus stop or train station?
Vaping on the bus or train itself is prohibited by law. Stops, shelters and stations are usually covered by council or transport operator policies, so in practice the answer is no.
Can I vape in my own car?
Yes, provided no one under 18 is in the vehicle.
Can an employer prohibit vaping outside at work?
Yes. The law sets a minimum; an employer may 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
Sources: Smokefree Environments and Regulated Products Act 1990; Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020; Ministry of Health, About the Smokefree Act.