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  • Tobacco Control Home
  • Smokefree Law
    • About the law
      • Overview of the 2003 smokefree law changes
      • Table of provisions and commencement dates
      • Background to the 2003 smokefree law changes
    • Smokefree Frequently asked questions
    • Smokefree Second-hand smoke
    • Smokefree Research and evaluation
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Smokefree Law

About the law


Table of provisions and commencement dates



Smokefree law provisionsCame into effect
Smokefree indoor workplaces – all offices, warehouses, factories, work vehicles, etc

Smokefree licensed premises/hospitality venues indoors – bars, pubs, clubs, restaurants, cafes, casinos, gaming venues
10 December 2004
100 percent smokefree schools and early childhood centres (indoors and grounds, 24 hours a day, 7 days a week)
1 January 2004
Under 18 limits: Prohibition against under-18 supply (in public) of tobacco products (including offence provisions)

Prohibition against under-18 sale of toy cigarettes, tobacco and herbal smoking products (including offence provisions)
10 December 2003
Public notice (sign) for herbal product sellers stating that under-18 sale of herbal smoking product is banned and technical changes to discount/reduced charge provisions
10 December 2003
Requirements on tobacco manufacturers and importers to test products and provide annual returns may require more detail by brand breakdown in any future regulations
1 February 2004 (fixed date)/enforced from date in regulations
Director-General of Health is required to ensure returns and reports are publicly available on a website (note, this applies to 2004 returns and reports, which will not be received by the Ministry until 2005)
1 February 2004
Limited enforcement powers for smokefree officers
10 March 2004
Repeat offenders (of under-18 sale offences) may be ordered by the courts not to sell any tobacco products for up to three months
10 March 2004
Restrictions on retail display of tobacco products – max. 100 packages/40 cartons, 2 per type limit, no counter displays, no display near children’s products, no co-packaging etc
10 December 2004
Restriction on the use of automatic vending machines
10 December 2004
Tobacco product controls: labelling and health messages must comply with any future regulations (list/quantity of harmful constituents, pictorial health warnings, leaflet/info in packages etc); and Director-General of Health may require future testing of tobacco product constituents
10 December 2004 (enforced from date in regulations)
Herbal smoking products can be included in future in regulations for labelling, health message and annual testing requirements
10 December 2004 (enforced from date in regulations)
Requirements on manufacturers and importers to meet prescribed limits on harmful constituents in smoking products may also apply to herbal smoking products in any future regulations1 February 2005 (enforced from date in regulations)




In this section:

About the smokefree law

Overview of the 2003 smokefree law changes

Table of provisions and commencement dates

Background to the 2003 smokefree law changes



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Page last updated 27 May 2005


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