Smoke-free Environments Act 1990

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Reprint as at 18 December 2013

Smoke-free Environments Act 1990

Public Act1990 No 108
Date of assent28 August 1990
Commencementsee section 1


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.


Title [Repealed]

1 Title and commencement

2 Interpretation

3 Act binds the Crown

3A Purposes of this Act

Part 1
Smoke-free workplaces and public areas

4 Purposes of this Part

5 Smoking in workplaces prohibited

5A Employer may permit smoking in vehicle with consent of users

6 Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes

6A Smoking in prison cells [Repealed]

7 Duties of employer [Repealed]

7A Smoking prohibited at schools and early childhood education and care centres

8 Smoking prohibition on aircraft

9 Smoking restricted in passenger service vehicles

10 Application of Act to ships

11 Smoking prohibited in certain travel premises

12 Smoking on licensed premises

13 Smoking in restaurants

13A Smoking in casinos

13B Smoking in certain gaming machine venues

14 Enforcement officers

15 Complaints relating to workplace smoking

16 Complaints to Director-General

17 Offences in respect of smoking

17A Penalties

18 Prosecution of offences

19 Protection of persons acting under authority of Act

20 Saving of powers to make bylaws

20A Health and Safety in Employment Act 1992 not affected

Part 2
Control of smoking products

21 Purpose of this Part

Promotion and advertising

22 Advertising of tobacco products

22A Exemptions from advertising prohibition for specified publications

23 Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers

23A Display of tobacco products in or from sales outlets or vending machines generally prohibited

23B Transitional exemption regulations expire 12 months after section 23A comes into force

24 Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events

25 Sponsoring activity involving use of trade mark, etc, of tobacco products

25A Sponsoring activity involving exclusive supply arrangement

26 Exemptions for participants in certain events

26A Exemption for multinational sporting events

27 Exemption for craft in emergencies

28 Free distribution and rewards prohibited

28A Arrangements conflicting with Act have no effect

29 Tobacco product not to be advertised or labelled as suitable for chewing, etc

Sale and labelling

29AA Point-of-sale health information or warnings signs

29AAB Internet-sales health information or warnings

29A Sale of tobacco products with other products prohibited

29B Restriction on use of automatic vending machines

30 Sale, and sellers' arranging or effecting delivery, of tobacco products and herbal smoking products to people under 18 prohibited

30AA Supplying tobacco products or herbal smoking products to people under 18 prohibited

30AB Certain repeat offenders may be ordered not to sell tobacco products

30A Restrictions on sale of certain tobacco products in small quantities

31 Limits on harmful constituents

32 Labelling and health messages for tobacco products

32AA Labelling and health messages for herbal smoking products

Testing, reports, and returns

33 Annual testing for constituents

34 Director-General may require further testing

35 Returns and reports


36 Offences in respect of tobacco products and herbal smoking products

36A Toy tobacco products

37 Enforcement

38 Liability of employees, employers, agents, and principals

38A Infringement offences

38B Commission of infringement offences

38C Infringement notices

38D Payment of infringement fees

Miscellaneous provisions

39 Regulations

40 Transitional provisions

41 Amendment, repeals, and revocations

41AA Purposes of Smoke-free Environments (Controls and Enforcement) Amendment Act 2011

Part 2A
Powers of enforcement officers

41A Powers of entry and inspection

41B Requirement to give identifying information

41C Purposes for which powers may be used

41D Duties of enforcement officers

41E Offences in respect of enforcement officers

41F Enforcement

Part 3
Health Sponsorship Council


42 Meaning of sponsorship [Repealed]

43 Council established [Repealed]

44 Principal functions of Council [Repealed]

45 Membership of Council [Repealed]

46 Term of office of members of Council [Repealed]

47 Meetings of Council [Repealed]

48 Conflict of interest [Repealed]

49 Council to appoint chief executive [Repealed]

50 Other staff [Repealed]

51 Council may appoint advisory and technical committees [Repealed]

52 Council may co-opt specialist advice [Repealed]

53 Remuneration and allowances for members of Council and committees [Repealed]

54 Salaries, etc, to be paid out of funds of Council [Repealed]

55 Powers of Council [Repealed]

56 Council to provide alternative sponsorship [Repealed]

57 Minister may give Council directions [Repealed]

58 Council to submit annual budget and plans for Minister's approval [Repealed]

59 Funds of Council [Repealed]

60 Further provisions relating to funds [Repealed]

61 Liability of Council and members [Repealed]

62 Accounts [Repealed]

62A Crown entity [Repealed]

63 Annual reports [Repealed]

64 Ombudsmen Act 1975 amended [Repealed]

65 Films Act 1983 amended [Repealed]

Reprint notes

Title [Repealed]

  • Title: repealed, on 23 July 2011, by section 5 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53).