NZ Ministry of Health Web Page
Printed 11/24/2009 09:08:27 PM
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Smokefree Law in New Zealand
Information for all employers
All internal workplaces (with some limited exceptions) must be 100 percent smokefree. This includes licensed premises, factories, offices, warehouses, ‘smoko’ rooms and work canteens.
Employers must take '
all reasonably practicable steps
' to ensure that no person smokes at any time in an internal area. This includes cafeterias, corridors, lifts, stairwells, toilets, workrooms and other internal areas associated with the workplace.
For the purposes of the Act, a reasonably practicable step is defined as what a reasonable and prudent person would do in similar circumstances. Failure to take such steps is a breach of the law.
Reasonably practicable steps include:
display of smokefree signs in the workplace
reference to the smokefree policy in workplace employment agreements and recruitment policies
notifying service contractors of the smokefree policy
training managers and supervisors on what to do if someone smokes in the workplace.
The obligation to protect the health of staff under the smokefree legislation is complementary to employers’ obligations under the
Health and Safety in Employment
legislation; and complementary to ‘good employer’ obligations.
Where employment relationship problems arise in respect of smoking in the workplace, employers and employees should deal with these in terms of th
e
Employment Relations Act
.
For more information, contact a
Smokefree Officer at your local public health service
.
Resources
Frequently asked questions (FAQs)
Resources
Several resources have been developed to assist licensees to understand their obligations under the changes to the legislation.
Pamphlets can be downloaded from this site, while pamphlets and signs can be ordered from your
local health education resource provider
. If there is not a local health education resource provider in your area, contact a
Smokefree Officer
at your local public health service.
The following resources are particularly relevant for workplaces:
Changes to the Smoke-free Environments Act: Workplaces (under development)
Changes to the Smoke-free Enviroments Act: Transport
Changes to the Smoke-free Environments Act: Marae
Changes to the Smoke-free Environments Act: Hospitals, rest homes etc
Information on open areas for workplaces and hospitality venues
booklet
Open and Internal areas - Information to workplaces and licensed areas
pamphlet
General guide to the Smoke-free Environments Act 1990
Smokefree at all times signs
Smokefree Inside stickers
No Smoking Please stickers
Smokefree workplaces poster
(for use up to 10 December 2004) (under development)
To order contact a
Smokefree Officer
at your local public health service.
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FAQs
What are the benefits of providing 100 percent smokefree indoor workplaces?
What is the definition of an indoor area of a workplace? Where can people smoke?
Which work-related areas or people won't be covered by the smoke-free provisions?
Will the smoking ban apply to volunteers or independent contractors?
Why not allow separate smoking areas in indoor workplaces?
Are marae, housie halls, community centres, churches and the like included in the 100 percent smokefree provisions?
Will employers or prisons still need to have written policies on smoking?
What happens if someone smokes in a workplace? Who is liable?
What happens if someone smokes in an indoor workplace?
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Page last updated November 2006.