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Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

14: Specialist vape retailers and vaping in approved vaping premises exempt

You could also call this:

"Vaping is allowed in some special shops if they follow the rules and keep kids out."

Illustration for Smokefree Environments and Regulated Products Act 1990

If you vape in a specialist vape retailer's approved premises, you are exempt from the rules in Section 5. This also applies to the specialist vape retailer who lets you vape in their premises. You must be aware that the retailer has to take steps to prevent people under 18 from entering their approved vaping premises. When you vape, it means you are inhaling using a vaping device only. If a specialist vape retailer does not stop people under 18 from entering their premises, they can get a fine - up to $10,000 for a company or up to $5,000 for other cases.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM223954.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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Part 1Smoking and vaping prohibited in workplaces and public areas

14Specialist vape retailers and vaping in approved vaping premises exempt

  1. Section 5 does not apply to—

  2. a person who vapes in any approved vaping premises of a specialist vape retailer; and
    1. the specialist vape retailer who allows the person to vape in those premises.

      1. A specialist vape retailer must take all practicable steps to prevent a person under the age of 18 years from entering the retailer’s approved vaping premises.

      2. A specialist vape retailer who contravenes subsection (2) commits an offence and is liable,—

      3. in the case of a body corporate, to a fine not exceeding $10,000; or
        1. in any other case, to a fine not exceeding $5,000.

          1. In subsection (1), to vape means to inhale using a vaping device only.

          Notes
          • Section 14: replaced, on , by section 21 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
          • Section 14(1): amended, on , by section 9 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).