Reprint as at 5 March 2013
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
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Title [Repealed]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 1Smoke-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6A Smoking in prison cells [Repealed]
7 Duties of employer [Repealed]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 2Control 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
Offences
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 2APowers 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 3Health Sponsorship Council
[Repealed]
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, on 23 July 2011, by section 5 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53).