Smokefree Law in New Zealand
Frequently asked questions

Part 1: Smoke-free Environments > Section D: Schools and Early Childhood Centres

D1) What are the key changes to the smokefree status of places where children learn?

D2) What are the smokefree provisions for schools and early childhood centres?

D3) What are the smokefree provisions for other places where young children learn?

D4) Which places of learning for children are not required to be smokefree?

D5) Does the smoking ban apply to tertiary institutions?

D6) Do schools still need to have written policies on smoking?

D7) How do schools and early childhood centres comply with the smokefree provisions?

D8) What happens if someone smokes on school grounds?


D1) What are the key changes to the smokefree status of places where children learn?

There are two new types of smokefree provisions for places where children learn:

1. Schools and early childhood centres are required to have smokefree buildings and grounds, 24 hours a day, seven days a week.

2. Early childhood centres attached to other premises (such as universities or workplaces) or located in other premises (such as a church hall) are required to be smokefree during the times that children are being taught there.

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D2) What are the smokefree provisions for schools and early childhood centres?

While schools and early childhood centres may have been smokefree in some areas (eg, indoors) prior to 2004, from January 2004 a school or early childhood centre was required to be 100 percent smokefree 24 hours a day, seven days a week, indoors and outdoors if it is:

• a school, or
• an early childhood centre
• parts of premises that are used exclusively or primarily as an early childhood centre.

Examples of a school or early childhood centre are:

• a primary, intermediate or secondary school
• a boarding school
• a kura kaupapa or kohanga reo
• a stand-alone kindergarten, play centre or crèche
• a university or work-based crèche facility.

The total smokefree ban includes school grounds during:

• weekend sports games
• fundraising activities
• community day or evening classes
• rented school or early childhood premises for other use by other groups.

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D3) What are the smokefree provisions for other places where young children learn?

From January 2004 an indoor or outdoor area of premises is required to be smokefree to the extent that it:

• is used at certain times as an early childhood centre, or

• is situated and ventilated so that smoke from another area of the premises (indoors or outdoors) may drift into the area being used as an early childhood centre.

Examples of premises used in these situations include:

• a crèche facility that is part of a community centre

• a kohanga reo or playgroup meeting on a marae.

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D4) Which places of learning for children are not required to be smokefree?

Areas not covered by the smokefree provisions include the following situations:

• casual child-minding services

• private living quarters for on-site staff at boarding schools

• home-visit services

• foster homes

• tertiary institutions.

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D5) Does the smokefree ban apply to tertiary institutions?

No, the smokefree ban for indoors and outdoors, 24 hours a day, applies only to schools and early childhood centres (ie, for children under 18).

The premises of tertiary institutions such as universities and polytechnics are covered by the smokefree provisions to the extent that they fall within the smokefree law’s protections for:

• indoor workplaces (eg, office, lecture theatre or cafeteria)

• indoor licensed premises (eg, on-campus bar) or

• part of the premises that are used as an early childhood centre (eg, an on-campus crèche).

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D6) Do schools still need to have written policies on smoking?

No. With 100 percent smokefree provisions, there is no need for provisions relating to school or early childhood centre ‘smoking policies’ to continue.

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D7) How do schools and early childhood centres comply with the smoke-free provisions?

School Boards of Trustees or managers of early childhood centres must:

• display smokefree notices at every entry gate to the grounds or buildings entrance on the premises to which the young people or public normally have access

• take all reasonably practicable steps to ensure there is no smoking on the premises.

Guidelines to advise schools and early childhood centres of the details and how to comply with the new smokefree law were provided in early 2004. The Ministry of Health also worked with schools and early childhood centres to assist in completing a successful implementation of the legislation.

Schools and early childhood centres are encouraged to inform staff, students, parents and community users of the premises that the whole campus is smokefree, and seek their co-operation in this change.


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D8) What happens if someone smokes on school grounds?

A school Board of Trustees or manager of an early childhood centre is liable for a fine of up to $400 (individual) or $4000 (body corporate) if they fail to take all reasonably practicable steps to comply with the Act.

For the purposes of the Act, a reasonably practicable step is defined as what a reasonable and prudent person would do in similar circumstances. A failure to take such steps is a breach of the law under the Act.

Reasonably practicable steps include:

• prominently displaying no-smoking signs at every entrance

• informing the families of students of the new requirements

• informing all users of the site of the new requirements

• developing a complaints procedure or action plan to initiate if someone smokes.

The Ministry is concerned to ensure that the public and all people directly affected by the Act are educated on its provisions, and in particular, their new responsibilities under the Act.

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Page last updated 29 June 2005