New Zealand Legislation: Acts

6A Smoking in prison cells

• (1) The superintendent of a prison must ensure that there is a written policy on smoking in the prison's cells, prepared for the protection of the health of employees and inmates.

  (2) The policy—

  • (a) must be based on the principles that—

    • (i) as far as is reasonably practicable, an employee or inmate who does not smoke, or does not wish to smoke in the prison, must be protected from smoke arising from smoking in the prison's cells:

    • (ii) unless it is not reasonably practicable to do otherwise, an inmate who does not wish to smoke in his or her cell must not be required to share it with an inmate who does wish to smoke in it; and

  • (b) must state the procedure for making complaints under this Part.

  (3) The superintendent—

  • (a) must ensure that the policy complies with subsection (2); and

  • (b) must take all reasonably practicable steps to ensure that the policy is complied with.

  Section 6A: inserted, on 10 December 2004, by section 5 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).