Smokefree 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. These new requirements are designed to protect non-smokers from second-hand smoke.

These changes have implications for schools and early childhood centres (EECs), retailers, licensed premises, sports clubs and all employers.

This section provides information about the changes affecting each group, how to comply with the legislation, and where to access signage and other resources.

Legislation

Smoke-free Environments Act 1990

This act regulates smoke-free workplaces and public areas, the marketing, advertising, and promotion of tobacco products and covers the monitoring and regulating of the presence of harmful constituents in tobacco products and tobacco smoke.

Smoke-free Environments Regulations 2007

These regulations are made under the Smoke-free Environments Act 1990 and set out the new labelling requirements for retail packages of cigarettes and other tobacco products, which includes packages displaying graphic pictorial health warnings.

Smoke-free Environments Regulations 1999

These regulations are made under the Smoke-free Environments Act 1990 and set out the now defunct requirements for retail packages of cigarettes and other tobacco products to display warning health messages.

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