smokefreelaw-resources-information for Sports Clubs

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Smokefree Law in New Zealand
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Information for Sports Clubs

Date of publication: September 2004

The Smoke-free Environments Amendment Act 2003 makes a number of changes to the Smoke-free Environments Act 1990 (‘the Act’). The main provisions of the Act that relate to sporting settings aim to:

prevent the detrimental effect of other people’s smoking on the health of people in indoor workplaces and licensed premises

reduce the social approval of tobacco use, particularly among young people.

From 10 December 2004, all internal areas of sports clubs will be required to be permanently smokefree, 24 hours a day, seven days a week, if they are a workplace or a licensed premise, as defined by the Act. The legal responsibility for managing this rests with the club.

Information for Sports Clubs
Contains information for sports clubs concerning all internal areas, workplaces and licensed premises being smokefree in compliance with changes to the Smoke-free Environments Act 1990.

There is also an example of a Smokefree Policy for information or use by Sports Clubs informing members and visitors of the smokefree status of the club.

Download this information sheet

Read this information online

Related information

Download this information sheet

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

Information for Sports Clubs (PDF, 194 kB, opens in new window)

Information for Sports Clubs

The Smoke-free Environments Amendment Act 2003 makes a number of changes to the Smoke-free Environments Act 1990 (‘the Act’). The main provisions of the Act that relate to sporting settings aim to:

prevent the detrimental effect of other people’s smoking on the health of people in indoor workplaces and licensed premises

reduce the social approval of tobacco use, particularly among young people.

What will this mean for sports clubs?

From 10 December 2004, all internal areas of sports clubs will be required to be permanently smokefree, 24 hours a day, seven days a week, if they are a workplace or a licensed premise, as defined by the Act. The legal responsibility for managing this rests with the club.

What is a workplace?

A workplace is an internal area occupied by the employer and usually frequented by employees or volunteers during the course of their employment.

What is a licensed premise?

Licensed premises are any premises, or part of any premises, on which liquor may be sold pursuant to any licence under the Sale of Liquor Act 1989.

What is an internal area?

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.

When does the law come into effect?

All internal areas of workplaces and licensed premises must be permanently smokefree by 10 December 2004.

Do you have to wait until 10 December to go smokefree?

A club can go smokefree at any time – hundreds of sports clubs around New Zealand have already made the move.

What are your obligations under the act?

From 10 December 2004, if your club is a workplace or licensed premise, you must take all reasonably practicable steps to ensure that no person smokes at any time in an internal area.

Could your club be fined if you breach the act?

Yes. The Act states that failure to take all reasonably practicable steps will breach the Act. A fine of up to $4,000 could be imposed on your club for failure to comply with the Act.

What happens if someone smokes in your club?

It is part of your responsibility under the Act to ensure that people do not smoke in internal areas of the club. This is where a Smokefree Policy can be of assistance, clearly setting out your club’s position on where smoking is acceptable.

Remember, this is not about people’s right to smoke, but about where they can smoke.

What are reasonably practicable steps?

The Act does not define what reasonably practicable steps will be. However, for the purposes of the Act, reasonably practicable steps are what a reasonable and prudent person would do in similar circumstances. A failure to take such steps will be a breach of the law under the Act.

The following suggestions may be helpful:

develop a written Smokefree Policy and display it in your club

have smokefree signage clearly visible in your club

inform members on an ongoing basis of the smokefree status of your club

have a club policy for dealing with breaches of the Act and your Smokefree Policy

ensure that all people affected by the club’s policy on breaches are made aware of it (eg. staff who may have to enforce it and members who will be affected by it)

alter your club’s constitution to recognise your obligations under the Act

remove ashtrays from internal areas of your club

do not sell tobacco products in your club.

Are any other areas of the act relevant to sports clubs?

Schools

From 1 January 2004, all schools and early childhood centres became 100 percent smokefree inside and outside at all times.

Sale of tobacco products to under 18 year-olds

The sale of tobacco products and herbal smoking products to people under 18 years is prohibited.

Gaming machine venues

From 10 December 2004, holders of a class 4 gambling venue licence must take all reasonably practicable steps to ensure that no person smokes at any time in any part of the venue that is an internal area.

Automatic vending machines

From 10 December 2004, the following provisions will apply to automatic vending machines that dispense tobacco or herbal smoking products:

machines cannot be located in a place to which members of the public have access

machines cannot be used to sell tobacco or herbal smoking products in any area to which members of the public have access

all machines that can be seen by the public must display mandatory health messages.

Is a written smokefree policy required?

There is no legal requirement to have a written Smokefree Policy. However, having a policy can assist by clearly stating the club’s position in managing its responsibilities under the Act. It can also be useful as a tool for informing members and visitors of the smokefree status of your club. An example of a Smokefree Policy is attached for your information/use.

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.

Other pamphlets relating to the changes to the Act are available. These include information for schools, workplaces, retailers
and licensed premises.

For further information:

www.smokefreelaw.co.nz

or contact the Public Health Service at your local District Health Board.

Smokefree / Auahi Kore Policy

for _____________________________________________

We are committed to making our club Smokefree / Auahi Kore

Our club encourages members and visitors to be smokefree because:

it is a positive health choice for us all to make

we provide healthy environments for everyone to enjoy

we support people who want to give up smoking

we support non-smokers, especially our children and youth, by removing the pressure to start smoking

we want to protect our members from the harmful effects of second-hand smoke

we wish to comply with the Smoke-free Environments Act 1990.

Please respect our policy:

By not smoking in any internal areas of the club.

By not smoking in (state any other smokefree areas or situations, eg, not smoking in club uniform)

If you smoke, please do so in (state smoking areas)

Remind smokers not to light up in our smokefree areas and support friends and family who are giving up.

Signage is displayed to remind members and the public about the smokefree status of our club.

This policy is effective from ________________________________________________________________

All members and visitors to our club must comply with these requirements.

Any issues arising should be directed to _________________________________________________________

Authorised by ____________________________________________
Date _____________________________

Download this example of a smokefree policy in PDF format (137kB)

Related information

National Drug Policy website