Supporting compliance with smokefree legislation
The Smokefree Environments Act 1990 (and its more recent amendments) is the key piece of Smokefree legislation in New Zealand. It has two main aims:
- to reduce the exposure of people to second hand smoke by making certain public areas smokefree;
- to prevent young people starting to smoke by controlling the advertising and promotion of tobacco products.
Reducing exposure to smoke in public places
This means that all of the following places are Smokefree under the Act:
- Workplaces including canteens and ‘smoko’ rooms;
- Schools and early childhood centres including buildings and surrounding grounds; and
- Internal areas of licensed premises 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.
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.
Controlling the advertising and promotion of tobacco products
Retailers who sell tobacco products have a responsibility to ensure they meet the requirements of the Act. This means:
- It is illegal to sell cigarettes 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 at least twenty;
- 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 sales via the internet in NZ are also bound by the Act and must not display tobacco products or tobacco information.
Restricting tobacco product advertisement ensures that children and young people are not exposed to the sight of tobacco products. This makes it easier to be smokefree.
A 2016 survey of Christchurch dairies looked at how important selling tobacco was to these retailers. The results may surprise you!
The role of Smokefree Enforcement Officers
Smokefree Enforcement Officers work for the Ministry of Health to ensure compliance with the Act, by:
- visiting tobacco retailers to remind them of their responsibilities and support them to maintain compliance;
- conducting Controlled Purchase Operations with young volunteers to test tobacco retailer’s compliance;
- visiting licensed premises to ensure their open areas (where smoking is allowed) comply with the requirements set out in the Act; and
- responding to complaints and queries.
Contact your local Smokefree Enforcement Officer at Community and Public Health for support to comply with the Smokefree legislation.
Contact your local Smokefree Enforcement Officer for further information:
Ph: +64 3 364 1777
Ph: +64 3 687 2600
Ph: +64 3 768 1160