These regulations are made under sections 81 and 84 of the Smokefree Environments and Regulated Products Act 1990 on the advice and with the consent of the Executive Council.

1	Title
2	Commencement
3	Principal regulations
4	Schedule 1 amended
	Explanatory note
	Administrative Information

Regulations

1 Title

These regulations are the Smokefree Environments and Regulated Products Amendment Regulations 2024.

2 Commencement

These regulations come into force on 20 March 2024.

3 Principal regulations

These regulations amend the Smokefree Environments and Regulated Products Regulations 2021.

4 Schedule 1 amended

(1)

In Schedule 1, clause 15(2), replace “regulation 16” with “regulation 16(2)”.

(2)

In Schedule 1, after clause 15(2), insert:

(3)

The product safety requirements in clause 19A of Schedule 5 (as inserted by regulation 16 of the Smokefree Environments and Regulated Products Amendment Regulations 2023) do not apply to reusable vaping products until 1 October 2024.

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations but is intended to indicate their general effect.

These regulations, which come into force on 20 March 2024, amend the Smokefree Environments and Regulated Products Regulations 2021 (the principal regulations). The amendments enable reusable vaping products to be sold until 1 October 2024, despite the products not meeting the product safety requirements in clause 19A of Schedule 5 of the principal regulations. Those requirements are—

that the vaping device must have a child safety mechanism to prevent it from being activated or accidentally operated by a child; and
that the vaping device must have a removable battery.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 19 March 2024.

These regulations are administered by the Ministry of Health.

Smokefree Environments and Regulated Products Amendment Regulations 2024