Supporting compliance with smokefree legislation

The Smokefree Environments and Regulated Products Act (known as SERPA) is the key piece of smokefree and vaping legislation in New Zealand. It has several aims:

1. to ensure that tobacco and vape products are not marketed or sold to young people;
2. to prevent normalising smoking and vaping behaviours – while supporting smokers to switch to regulated products;
3. to reduce exposure to and the health effects of second-hand smoke;
4. to limit the number of outlets where tobacco, cigarettes and vapes are available to purchase; and
5. to set a safety limit for the amount of nicotine in tobacco and vape products.

Reducing exposure to smoke in public places

All of the following places need to be smokefree and vapefree under SERPA:

• Workplaces including canteens and ‘smoko’ rooms;
• Schools and early childhood centres including buildings and surrounding grounds; and
• Internal areas of some public places including bars, restaurants, cafes, sports clubs and casinos.

Licensed premises, workplaces and schools all have a responsibility to ensure they meet the requirements of the Act.

Te Mana Ora | Community and Public Health staff can support workplaces to expand or develop a smokefree policy or to help employees to quit smoking – while at work or for good. Contact your local office for more information.

• Find out how Te Mana Ora works to create smokefree and vapefree community and outdoor spaces.

Controlling the advertising and promotion of tobacco and vape products

Retailers who sell tobacco or vape products have a responsibility to ensure they meet the requirements of the Act. This means:

• It is illegal to sell these products to anyone under the age of 18;
• It is illegal to sell single cigarettes to anyone regardless of age – cigarettes must be sold in packs of 20 or 25 sticks;
• It is illegal to display tobacco products in retail outlets;
• All tobacco products must be sold in standardised packaging (also known as plain packaging); and
• Tobacco and vape sales via the internet in NZ are also bound by the Act and must not display tobacco products or tobacco information.

Restricting tobacco and vape product advertising ensures that children and young people are not exposed to the sight of these products. This makes it easier to be smokefree and vapefree.

A 2016 survey of Christchurch dairies looked at how important selling tobacco was to these retailers. The results may surprise you!

• View an infographic on the 2016 survey of Christchurch dairies selling tobacco [465KB PDF].

The role of Smokefree Enforcement Officers

Smokefree Enforcement Officers work for the Ministry of Health to ensure compliance with the SERPA legislation, by:

• visiting tobacco and vape retailers to remind them of their responsibilities and support them to maintain compliance;
• conducting Controlled Purchase Operations with young volunteers to test retailer’s compliance;
• visiting licensed premises to ensure their open areas (where smoking or vaping is allowed) comply with the requirements set out in the Act; and
• responding to complaints and queries.

Contact your local Smokefree Enforcement Officer at Te Mana Ora | Community and Public Health for support to comply with the Smokefree Environments and Regulated Products Act.

Documents

• Standardised Packaging for Tobacco Products in New Zealand: Evidence of Policy Impact from the International Tobacco Control Policy Evaluation Project (University of Otago 2020).
• Guidelines for Implementing the Prohibition on the Display of Tobacco Products: Information for sellers of tobacco products and Smoke-free Enforcement Officers (Ministry of Health 2012).
• Better Retail Controls on Tobacco: Smoke-free Environments Amendment Bill (Ministry of Health 2010).
• Inquiry into the tobacco industry in Aotearoa and the consequences of tobacco use for Māori: Report of the Māori Affairs Committee (NZ Parliament 2010).
• Smoke-free Environments (Controls and Enforcement) Amendment Act 2011.
• Smoke-free Environments Act 1990.

Downloads

Download or order resources from the Community Health Information Centre.

• The Complete Ban on the Display of Tobacco Products – available in multiple languages.
• Information for Sports Clubs.

Links

• Smokefree and Vaping Legislation (Ministry of Health).
• Cancer Society (Canterbury/West Coast branch).

Let everyone know your place is smokefree

The Smokefree Environments and Regulated Products Act 1990 requires all internal areas of workplaces, licensed premises and certain public enclosed premises to be smokefree.

The Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 came into force in November 2020. It requires vaping to be prohibited in settings where smoking is also not permitted.

Signage is used to communicate expectations and help people to know they are in a smokefree and vapefree area.

• The Community Health Information Centre (CHIC) provides free smokefree stickers and posters to show people that your workplace or business is smokefree.
• Te Whatu Ora provides metal smokefree signage for external areas such as the outside of buildings or fences. Small quantities are available free of charge.
  You can also download vapefree signage to print or get made.