Legislation
New Zealand became one of the first countries in the world to legislate smokefree indoor office environments in the Smoke-free Environments Act 1990.
However, people were still able to smoke in a number of other workplaces (factories, pubs, clubs and restaurants). As a result, an amendment to the Smoke-free Environments Act 1990 (in 2003) introduced smokefree legislation that affected all licensed premises (bars, restaurants, cafes, sports clubs, casinos) and other workplaces (offices, factories, warehouses, work canteen, 'smoko' rooms).
The Smoke-free Environments Amendment Act 2003 also required:
- the buildings and grounds of schools/kura and early childhood centres/kohanga reo become smokefree from 1 January 2004
- the display of tobacco products in retail outlets is restricted, and a ‘smoking kills’ sign must be erected near the display from 10 December 2004
- herbal smoking products are included in smoking bans
- the access to smoking products for those under 18 years of age is further restricted.
In July 2011, the Smoke-free Environments (Control and Enforcement) Amendment Bill was passed into law, and includes the following:
- Tobacco retail displays are to be completely prohibited from July 2012.
- ‘Covert’ tobacco sponsorship of events (eg, fashion and music shows) is banned. This includes exclusive distribution agreements with tobacco brands.
- Sale controls extended to internet sales. Internet sellers must not show images of packs or brands, must have the mandatory health warnings, and must comply with the rules about retailer names not being permitted to promote tobacco names.
- Smokefree Enforcement Officers are able to issue instant infringement fines to those selling tobacco products to people under the age of 18.
- There are increased penalties for selling tobacco products to minors, from $2,000 to $5,000 for an individual and up to $10,000 for a business.
The Smokefree Law website has more information about the legislation and where to access signage and other resources.
Complaints relating to the Smoke-free Environments Act 1990 or Smoke-free Environments Regulations 2007 should be addressed to a Smokefree Enforcement Officer.
