General retailers
General retailers i.e. dairies and service stations, are allowed
to sell vapes, including disposable vapes. The types of vapes they sell are
restricted to mint, menthol or tobacco flavours. This means they may have more
than three types of flavours because mint and menthol can come in various types
with names like ‘ice’, ‘polar’ and ‘cool’. If the ‘cool’ or ‘ice’ has a fruit
in front, i.e. ‘peach ice’, it’s a flavoured vape. If a retailer sells a
disposable vape and it’s
a mint, menthol or tobacco flavour, they are not doing anything illegal.
General retailers are not allowed to sell vapes to any person aged under
eighteen years.
If you know of, or hear of a person obtaining a flavoured vape
from a dairy, please check with the dairy to see what flavours they actually
sell before you make a complaint. If the vapes sold include flavours like peach
and strawberry, then the dairy should not be selling those. Please note, some dairies have a separate section of
their store that is considered a Specialist Vape Retailer store,
which are allowed to sell flavours.
A complaint can be made if the general retailer has sold to a
person aged under eighteen, or has sold a flavour that is not a mint, menthol
or tobacco flavour.
Specialist Vape Retailers
Specialist Vape Retailers (SVRs) are allowed to sell flavoured
vapes and they are allowed to demonstrate vapes in-store. In other words,
people are allowed to try out vapes, but only inside the SVR, not inside a
dairy. Like any other store, SVRs are not allowed to sell vapes to persons
under eighteen years of age.
If you know of, or hear of an underage person obtaining a
flavoured vape from an SVR, you may want to check to see if they sell that
particular brand of vape before making a complaint. Many young people obtain
their vapes from friends and family members and do not purchase directly from
retailers.
Vaping Outdoors
People who vape are allowed to do so both outdoors and inside
their own homes. The only exceptions are the grounds of schools, colleges and
early education centres, where it is not permitted to vape or smoke.
If people vape outside in a public place, there is no law
against this. Councils, Companies and Organisations sometimes have a rules
where they do not want people to vape or smoke on their grounds. It is up to
those Councils, Companies and Organisations to enforce their own rules. Health
New Zealand - Te Whatu Ora, is not responsible for the conduct of people who
smoke or vape outside where others might not want them to.
Vaping Indoors
Vaping or smoking is not allowed anywhere indoors that is a
workplace. This means all workplaces. The exception to this rule i; people are
allowed to vape indoors inside a Specialists Vape Retailer store if they are
testing a product.
Vaping and smoking are allowed in private homes. This includes
townhouses, flats and in the private rooms of care homes.
Workplace cars
It is at the discretion of an organisation or company to allow
employees to smoke or vape in their vehicles, however, we recommend being
Smokefree and vapefree as the best health option, and one that will avoid
conflict among staff. If an employer does allow smoking or vaping in fleet
vehicles, we suggest dedicating most vehicles as Smokefree and vapefree.
A driver or owner of a vehicle may not permit smoking or vaping
in a vehicle that is carrying people under eighteen years of age.
To make a complaint
If you have a complaint in the Greater Wellington region, click
on the link below 'Make a complaint', or alternatively you can contact us by
phone: (04) 570 9002 or email: rph@huttvalleydhb.org.nz”
If your complaint is about a vape retailer outside of the
Greater Wellington region, you can find your local Public Health service and
contact them directly from the Te Whatu Ora website.