Smokefree Law in New Zealand

Resources

Open and internal areas

Information for workplaces and licensed premises

Date of publication: September 2004

Three-quarters of New Zealanders do not smoke, but many are exposed to the significant health risks of second-hand smoke.

The Smoke-free Environments Amendment Act 2003 extends the protections for workers, volunteers and the public, particularly against exposure to secondhand smoke. The intention is to send a positive message about a smoke-free/auahi kore lifestyle being both desirable and the norm.

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Information for employers and licensees This pamphlet gives information for employers and licensees about the requirement for all internal areas becoming smokefree in compliance with changes to the Smoke-free Environments Act 1990. It includes a definition of internal and open areas and premises a guide to compliance, and offences and fines. Download this information sheet Read this information online Related information

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Download this information sheet

You can download this information sheet in PDF format from the HealthEd website (www.healthed.govt.nz).

Open and internal areas (PDF,153kB, opens in new window)

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Open and internal areas

Information for employers and licensees

Three-quarters of New Zealanders do not smoke, but many are exposed to the significant health risks of second-hand smoke. The Smoke-free Environments Amendment Act 2003 extends the protections for workers, volunteers and the public, particularly against exposure to secondhand smoke. The intention is to send a positive message about a smoke-free/auahi kore lifestyle being both desirable and the norm.


Key areas for workplaces and licensed premises

From 10 December 2004 the Smoke-free Environments Act 1990 requires all internal areas of workplaces, licensed premises and certain public enclosed premises to become smoke-free. Smoking will only be legally permitted in open areas, although proprietors may choose to prohibit smoking in these areas as well.

The following information includes a definition of internal and open areas and premises, a guide to compliance, and offences and fines.


A definition of internal and open areas and premises

An internal area, in relation to any premises or vehicle, means an area within or on the premises or vehicle that, when all its doors, windows, and other closeable openings are closed, is completely or substantially enclosed by:

• a ceiling, roof, or similar overhead surface; and

• walls, sides, screens, or similar surfaces; and

• those openings.

An open area, in relation to any premises, means a part of the premises that is not an internal area.

A premises, includes:

• a building

• a piece of land

• a building and land together

• a part of the building or land, and

• any structure or shelter (or similar thing).

A guide to compliance

When the Ministry looks at an area to consider whether it is an enclosed area it will take into account all or some of the following factors:

• whether the premises, building or structure has 100 percent walls, sides or screens

• whether the premises, building or structure has 100 percent ceiling, roof or overhead surface

• what closeable openings the premises, building or structure has

• the interrelationship between the walls/sides/screens, the ceiling/roof/overhead surface and closeable openings

• the permeability of walls/sides/screens and/or the ceiling/roof/overhead surface, for example, a trellis versus concrete or glass

• the ratio of wall/side/screen length and wall/side/screen height to the existence of a ceiling/roof/overhead surface.

These factors will be considered in the context of the purpose of the prohibition, which is ‘to prevent the detrimental effects of other people’s smoking on the health of people in workplaces, or in certain public enclosed areas, who do not smoke or do not wish to smoke there’.

The Ministry of Health booklet Information on Open Areas for Workplaces and Hospitality Venues, code 1522, contains illustrated examples of open areas. It is available from public health services and the smokefree website www.smokefreelaw.co.nz


Offences and fines

From 10 December 2004 failure to take all reasonably practicable steps to prevent someone from smoking in an internal area in a workplace or licensed premises may result in a maximum fine of $400 for individual employers, and $4,000 for body corporates.


Enforcement

From March 2004 designated Enforcement Officers will have limited enforcement powers to investigate complaints, for example, to:

• enter and inspect premises at a reasonable time

• take photographs and/or videos

• take air samples.

Obstruction

The maximum fine for obstructing an Enforcement Officer exercising their powers or failing to provide the information required is $1,000.


Further information

This information is a guide only, and may not be accurate for all situations. It should not be used as a substitute for legal or other expert advice.

For further information on tobacco, health and the Smoke-free Environments Act 1990 see:

www.smokefreelaw.co.nz
www.moh.govt.nz
www.healthed.govt.nz

Public Health Service at your local District Health Board.

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Related information

National Drug Policy website

Other smokefree law resources

Internal and Open Areas under the Smoke-free Environments Act 1990 as at 25 May 2004
From 10 December of 2004 the Smoke-free Environments Act 1990 requires all internal areas of workplaces, licensed premises and certain public enclosed premises to become smoke free.

In this document the Ministry of Health offers general advice about the requirements of the Act and how it will be applied.



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