Smoke-free Environments Act 1990 No 108 (as at 01 January 2009), Public Act

14 Enforcement officers
  • (1) The Director-General must appoint to enforce this Part and Part 2 people who are—

    • (b) employees or officers of some other person or body; or

    (2) A person may be appointed by name, or as the holder for the time being of a particular position.

    (3) The Director-General must not appoint a person under subsection (1)(b) unless satisfied,—

    • (a) in the case of a named person, that he or she is suitably qualified and trained:

    • (b) in the case of the holder for the time being of a particular position, that holders of the position are likely to be suitably qualified and trained.

    (4) Every enforcement officer must have an instrument of appointment identifying the holder as an enforcement officer appointed under this section.

    (5) The Director-General may do any or all of the following:

    • (a) appoint people to enforce only some of the provisions of this Part and Part 2:

    • (b) appoint people to exercise only some of the powers given to enforcement officers by Part 2A (enforcement powers):

    • (c) appoint people subject to limitations or restrictions on their exercise of enforcement powers.

    (6) An enforcement officer's instrument of appointment must state—

    • (a) that he or she is appointed to enforce—

      • (i) all the provisions of this Part and Part 2; or

      • (ii) only stated provisions of this Part and Part 2; or

      • (iii) all the provisions of this Part and Part 2 other than certain stated provisions; and

    • (b) that he or she is appointed to exercise—

      • (i) all enforcement powers; or

      • (ii) only stated enforcement powers; or

      • (iii) all enforcement powers other than certain stated powers; and

    • (c) all limitations and restrictions on his or her exercise of enforcement powers imposed under subsection (5)(c).

    Section 14 was substituted, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) 1993 (1993 No 23).

    Subsection (2) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words Local Government Act 2002 for the words Local Government Act 1974. See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Section 14 was substituted, as from 10 March 2004, by section 9 Smoke-free Environments Amendment Act 2003 (2003 No 127).