Smokefree Law in New Zealand
Frequently asked questions

Part 2: Regulation of Smoking Products > Section F: Regulation of Smoking Products/ Better Consumer Information

F1) What key changes are there to the regulation of smoking products/ consumer information in New Zealand?

F2) Who/what places are affected by the regulation of smoking products?

F3) How many cigarette packages can retailers display, and how are they counted?

F4) What does a ban on ‘co-packaging’ mean?

F5) How do the display restrictions apply to a specialist tobacconist?

F6) What does ‘future regulations’ mean, and when do they come into effect?

F7) What are future regulations under these changes likely to cover?

F8) How may these future regulations affect consumers (current or potential smokers)?

F9) Could there be future regulations to further restrict tobacco display restrictions?

F10) What does ‘herbal smoking product’ mean?

F11) What provisions are there for herbal smoking products?


F1) What key changes are there to the regulation of smoking products/ better consumer information in New Zealand?

The following changes occurred with the regulation of smoking products in New Zealand:

• from December 2004 new restrictions applied to the retail display of tobacco products:

• limiting numbers of packages and cartons displayed

• banning counter-top displays

• banning co-packaging, and limiting display near products marketed at children

• requiring a ‘Smoking Kills’ sign to be displayed at each point of sale

• some relaxation of display restrictions for specialist tobacconist shops.

• future regulations may require cigarette packages to:

• have pictorial health warnings to improve consumer awareness (eg, graphic pictures of smoking-affected teeth or lungs)

• list and quantify the harmful ingredients

• include a leaflet about the health effects of smoking (eg, to clarify that ‘light’ or ‘mild’ brands do not reduce the level of risk to your health).

• future regulations may require tobacco manufacturers and importers to provide more detailed breakdowns of product ingredient test results in annual returns to the Ministry of Health, and may require the tobacco industry to meet future prescribed limits on harmful ingredients in smoking products.

F2) Who/ what places are affected by the regulation of smoking products?

The following people or places are affected by the smokefree law’s regulation of smoking products:

• tobacco sellers, eg, supermarkets, dairies, service stations

• specialist tobacconists

• licensed premises with cigarette vending machines

• tobacco manufacturers and importers

F3) How many cigarette packages can retailers display, and how are they counted?

Retailers other than specialist tobacconists can display up to 100 packages (including pouches of loose tobacco, and individual cigars) and 40 cartons (including cigar boxes) at each ‘point of sale’.

The 100 count is for each ‘package’, not each ‘facing’. But up to four ‘backstack’ packages stored behind a front package in angled stacks are not counted (unless more than their top facing is exposed).

Packages and cartons over the 100 limit can be stored behind screening or behind a counter, but must not be visible to the public.

Packages and cartons that exceed status quo dimensions (‘supersizes’) cannot be displayed.

Within the 40/100 limits, no more than two per brand (the same package or carton) can be displayed, to prevent ‘block’ displays.

F4) What does a ban on ‘co-packaging’ mean?

The smokefree law bans the packaging or selling of tobacco products together with other products such as lighters, bottle openers, CD radios and other gimmicks, as one item at one price.

This is because of a concern that co-packaging of tobacco with other products may encourage young people to buy the products and take up smoking.

F5) How do the display restrictions apply to a specialist tobacconist?

The smokefree law defines a ‘tobacconist’s shop’ as a retailer that:

• is held out as a specialist retail seller of tobacco products (even if it is also held out as a specialist retail seller of other products such as newspapers and magazines, or it also provides services such as hairdressing, or both)

• obtains at least 60 percent of the gross revenue from its retail sale of tobacco products.

A specialist tobacconist’s shop does not include any retail shop on a premises which sells petrol to motorists.

The display restrictions for 100 tobacco packages and 40 cartons at a point of sale do not apply to retailers that fall into the category of a specialist tobacconist.

Other retail display restrictions applying to specialist tobacconists, include:

• no counter-top display

• no co-packaging

• limit of two packages ‘of the same kind’

• no tobacco display within one metre of children’s products

• display of a prominent ‘Smoking Kills’ sign.

F6) What does ‘future regulations’ mean, and when do they come into effect?

The smokefree law empowers the Government to draft secondary legislation, which are generally more detailed than legislation, and enhance the provisions of the main Act. Regulations are made by Order-in-Council, not Parliament.

Current regulations in this area are called Smoke-free Environments Regulations 1999. They provide detailed provisions about health messages and other messages on tobacco packages, price lists and testing by tobacco manufacturers.

Any future regulations are not likely to come into effect for at least a year, following a public consultation process.

F7) What are future regulations under these changes likely to cover?

The Health Select Committee recommended that the following requirements for all smoking products sold in New Zealand are given effect through future changes to smoke-free regulations:

• pictorial health warnings on products

• leaflets in products that cover not only health effects, but also provide information about the harmful constituents (including additives), and their respective quantities, in smoking products and their smoke

• annual testing of harmful constituents with a breakdown by each product brand and quantities of each constituent

• further testing, if the Director-General of Health asks for it

• more information in annual returns and reports, detailing the type and quantity of constituent in each brand of tobacco product (for publication on the Ministry of Health’s website or similar).

F8) How may these future regulations affect consumers (current or potential smokers)?

The Health Select Committee recommended that future regulations may include provisions to ensure that consumers receive accurate information about the substances they are consuming, and the likely impact of those substances on their health.

F9) Could there be future regulations to further restrict tobacco display restrictions?

Yes, possibly. An amendment to the smoke-free law was passed providing for a future regulation making power, if the tobacco industry fails to comply with the intention of the tobacco display restrictions.

It was part of an amendment that was requested by the tobacco industry, and balances some provisions that clarify the intention of the restricted product display provisions, to avoid future circumvention by the tobacco industry.

F10) What does ‘herbal smoking product’ mean?

A herbal smoking product is a product that

• is or contains vegetable matter

• is intended to be smoked, but

• contains no tobacco.

This does not affect therapeutic products under the Medicines Act 1981, such as quitting aids.

This does not affect the prohibitions against the use of cannabis or any other herbal smoking product that is listed in a schedule to the Misuse of Drugs Act 1975.

F11) What provisions are there for herbal smoking products?

The Health Select Committee recommended widening the definition of ‘to smoke’ to ensure non-tobacco products such as herbal smoking products were covered for consistency.

From December 2003 the ban on under-18 sale of cigarettes and other tobacco products extended to include any herbal smoking products. Herbal product retailers need a sign informing the public that under-18 sale of herbal smoking product is banned.

From December 2004:

• herbal smoking products had to comply with labelling and health messages requirements, including requirements in future regulations

• herbal smoking products had to comply with annual testing of harmful constituents requirements, including requirements in future regulations

• cigarette vending machines with herbal smoking products had to comply with vending machine requirements to display health messages or labels.

Last updated 29 June 2005