New Zealand Legislation: Acts

15 Complaints relating to workplace smoking

• (1) Where any person believes on reasonable grounds that any person has contravened any provision of this Part of this Act in so far as it relates to any workplace, the person may complain to the employer of that workplace, or to the Director-General, specifying the particulars of the complaint.

  (2) Where an employer receives a complaint under subsection (1) of this section, or a complaint is referred to an employer under section 16(2)(a) of this Act, the employer shall, within 20 working days after receipt of the complaint, investigate the complaint, and, if it appears that a contravention has occurred, shall try to resolve the complaint.

  (3) Where the contravention is on the part of the employer, the employer shall settle the cause of the complaint, or give an assurance that satisfies the complainant that there will be no repetition of the cause of the complaint.

  (4) Where the contravention is on the part of an employee or volunteer, the employer shall seek to obtain from the employee or volunteer an assurance that satisfies the employer that there will be no repetition of the cause of the complaint.

  (5) The representative of the employees in the workplace shall be entitled to be present at any meeting called by the employer for the purpose of resolving the complaint and avoiding future cause for complaint.

  (6) If within 40 working days after receiving the complaint the employer is unable to investigate it and resolve it by agreement, the employer must refer it, in writing, to the Director-General.

  The heading to section 15 was amended, as from 10 December 2004, by section 10(1) Smoke-free Environments Amendment Act 2003 (2003 No 127) by omitting the word “policies”.

  Subsections (1) and (6) were amended, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) 1993 (1993 No 23) by substituting the words “the Director-General” for the words “the area health board for the district in which the workplace is situated”.

  Subsection (4) was amended, as from 10 December 2004, by section 10(2) Smoke-free Environments Amendment Act 2003 (2003 No 127) by inserting the words “or volunteer” after the word “employee” in both places where it occurs.

  Subsection (6) was substituted, as from 10 December 2004, by section 10(3) Smoke-free Environments Amendment Act 2003 (2003 No 127).