Smoke Free Law
On 3 December 2003, an amendment to the Smoke-free Environments Act 1990 was passed. The amendment (the Smoke-free Environments Amendment Act 2003), required, among other things that:
the buildings and grounds of schools and early childhood centres became smokefree from 1 January 2004
licensed premises (bars, restaurants, cafes, sports clubs, casinos) became smokefree indoors from 10 December 2004
other workplaces became smokefree indoors from 10 December 2004 – including offices, factories, warehouses, work canteens and ‘smoko’ rooms
the display of tobacco products in retail outlets was restricted, and a ‘smoking kills’ sign erected near the display from 10 December 2004
herbal smoking products were included in smoking bans
the access of those under 18 years of age to smoking products was further restricted.
Second-hand smoke contains poisonous chemicals such as arsenic, hydrogen cyanide, ammonia and carbon monoxide.
Prior to enactment of the smokefree legislation amendment, around 350 New Zealanders died each year because of exposure to second-hand smoke, and many others became sick. The Act’s intention is to protect non-smokers from the significant health risks of second-hand smoke and to send a positive message about a smokefree/auahi kore lifestyle being both desirable and the norm.
These changes have implications for schools and early childhood centres (EECs), retailers, licensed premises, sports clubs and all employers.
Enforcement of Smokefree Law
The Ministry of Health is the lead agency to enforce the Smokefree Legislation. The Smokefree law provides powers for Enforcement Officers to investigate complaints, seek information and collect evidence etc. Public Health Units have a responsibility for encouraging compliance and educating the public and affected groups about the changes to the Smokefree legislation. They are also responsible for enforcing the Act when breaches occur.
The most effective enforcement comes from the general public as is the case in overseas jurisdictions. Non-smokers feel empowered by the Smokefree laws and are more comfortable requesting a smokefree environment. It is unusual to see a smoker lighting up in a smokefree area now.
Licensees are required to take ‘all reasonable practicable steps’ to ensure that no person smokes on the premises. All ashtrays should be removed from internal areas, ashtrays or sandboxes should be provided at entrances, and Smokefree signage should be displayed at all entrances and inside.
Door staff should not allow patrons to enter premises whilst smoking, where a patron smokes in a prohibited area, intervention by staff and/or management will be required. If a patron is smoking inside they must stop smoking if they wish to remain inside. If a patron refuses to stop smoking inside they will be required to leave the premises or stop smoking if they wish to remain. If a patron refuses to stop smoking, refuses to leave the premise and becomes verbally or physically violent and a danger to the safety of the staff and patrons then the police should be called. The police are then actually removing the person from the premises because of their disorderly conduct and not for the act of smoking. Police should not be relied upon to remove smoking patrons if staff and patrons are not in any type of danger as this is the responsibility of the staff and/or management.
Information for licensed premises
- bars
- restaurants
- cafes
- chartered clubs
- sports clubs
- casinos and
- class 4 gambling venues.
For the purposes of the Act a reasonably practicable step is what a reasonable and prudent person would do in similar circumstances. Failure to take such steps will be a breach of the law under the Smoke-free Environments Act 1990 (the Act).
Reasonably practicable steps might include:
- a set of procedures on how to deal with a patron who smokes, and associated staff training
- smokefree signage
- removal of ashtrays.
There are some parallels between the steps that licensees are required to take under the smokefree Act, and other sorts of measures currently expected of licensees and duty managers under the Sale of Liquor Act 1989. Click to go to our Liquor Licensing Information.
Smoking in prohibited areas is treated as any other form of inappropriate behaviour on licensed premises and intervention is necessary.
The obligations to protect the health of staff are complementary to employers’ existing obligations under the Health and Safety in Employment legislation; and complementary to ‘good employer’ obligations.
For further information and resources such as posters, stickers etc, please visit www.smokefreelaw.co.nz. The website also features a calculator as a guide to help you determine whether an area is 'open' or 'internal' for the purposes of the Smoke-free Environments Act 1990.
For more information contact the Smokefree Co-ordinator, Northland Health.
The licensee of any licensed premises is required to take ‘all reasonably practicable steps' to ensure that no person smokes in an internal area on their premises. Licensed premises include:
Page created/updated: 10 December 2008 at 12:54 pm
