Vape Shops
We often receive questions about new vape shops opening in the Far North, including who approves them and whether the council can control where they are located. Read on to find out more.
No, New Zealand’s councils do not issue the licence or approval that allows businesses to operate as vape retailers and cannot investigate concerns about the number or location of vape retailers in a community.
The sale of vaping products is regulated by the Ministry of Health under the Smokefree Environments and Regulated Products Act 1990.
There are two main types of vape retailer:
Specialist vape retailers (SVRs) mainly sell vaping products and must be approved by the Ministry of Health. New specialist vape retailers must meet location requirements, including being at least:
- 300 metres from the boundary of a registered school
- 300 metres from the boundary of a marae
- 100 metres from the boundary of a licensed early childhood service.
General retailers, such as dairies, petrol stations and supermarkets, can sell a limited range of vape flavours. They do not require specialist retailer approval but must notify the Ministry of Health that they sell regulated products.
The council’s role only relates to the usual planning, building and local regulatory requirements that may apply to a business premises. It is separate from Ministry of Health approval to sell vaping products.
For example, a vape shop might need:
- Resource consent if the proposed activity, location or signage does not comply with the District Plan
- Building consent for alterations or a change of use, where required
- To comply with relevant signage rules or bylaws
- To comply with council policies or bylaws covering smoking or vaping in particular public spaces.
Meeting council requirements does NOT constitute approval to operate as a specialist vape retailer. That decision sits with the Ministry of Health.
The Ministry itself specifically tells vape retailers that they remain responsible for obtaining required resource consents, building consents, and other permissions, and it may take this into account when deciding whether premises are appropriate for an AVP.
In practical terms
- The council does NOT issue a ‘vape point permit’
- The Ministry of Health approves the vape/retailer premises
- The council only deals with the usual land-use, building, signage and related local regulatory matters.
Questions or concerns about the approval of a specialist vape retailer, its proximity to schools, marae or early childhood services, or compliance with vaping regulations, should be directed to the Ministry of Health.
Questions about resource consent, building consent, signage or other council requirements can be directed to Far North District Council.
Follow these links to find out more information;
Smokefree Environments and Regulated Products Act 1990 | New Zealand Legislation
How to become a specialist vape retailer | Ministry of Health NZ
General retailers of vaping and other notifiable products | Ministry of Health NZ