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 the Employment Relations Act .

For more information, contact a Smokefree Officer at your local public health service.

Resources

Frequently asked questions (FAQs)

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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.