Smoke-free Environments Act 1990

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Reprint as at 4 April 2016

Coat of Arms of New Zealand

Smoke-free Environments Act 1990

Public Act
 
1990 No 108
Date of assent
 
28 August 1990
Commencement
 
see section 1
Note

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

Contents

Title [Repealed]
1Title and commencement
2Interpretation
3Act binds the Crown
3APurposes of this Act
Part 1
Smoke-free workplaces and public areas
4Purposes of this Part
5Smoking in workplaces prohibited
5AEmployer may permit smoking in vehicle with consent of users
6Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes
6ASmoking in prison cells [Repealed]
7Duties of employer [Repealed]
7ASmoking prohibited at schools and early childhood education and care centres
8Smoking prohibition on aircraft
9Smoking restricted in passenger service vehicles
10Application of Act to ships
11Smoking prohibited in certain travel premises
12Smoking on licensed premises
13Smoking in restaurants
13ASmoking in casinos
13BSmoking in certain gaming machine venues
14Enforcement officers
15Complaints relating to workplace smoking
16Complaints to Director-General
17Offences in respect of smoking
17APenalties
18Prosecution of offences
19Protection of persons acting under authority of Act
20Saving of powers to make bylaws
20AHealth and Safety at Work Act 2015 not affected
Part 2
Control of smoking products
21Purpose of this Part
Promotion and advertising
22Advertising of tobacco products
22AExemptions from advertising prohibition for specified publications
23Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers
23ADisplay of tobacco products in or from sales outlets or vending machines generally prohibited
23BTransitional exemption regulations expire 12 months after section 23A comes into force
24Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events
25Sponsoring activity involving use of trade mark, etc, of tobacco products
25ASponsoring activity involving exclusive supply arrangement
26Exemptions for participants in certain events
26AExemption for multinational sporting events
27Exemption for craft in emergencies
28Free distribution and rewards prohibited
28AArrangements conflicting with Act have no effect
29Tobacco product not to be advertised or labelled as suitable for chewing, etc
Sale and labelling
29AAPoint-of-sale health information or warnings signs
29AABInternet-sales health information or warnings
29ASale of tobacco products with other products prohibited
29BRestriction on use of automatic vending machines
30Sale, and sellers’ arranging or effecting delivery, of tobacco products and herbal smoking products to people under 18 prohibited
30AASupplying tobacco products or herbal smoking products to people under 18 prohibited
30ABCertain repeat offenders may be ordered not to sell tobacco products
30ARestrictions on sale of certain tobacco products in small quantities
31Limits on harmful constituents
32Labelling and health messages for tobacco products
32AALabelling and health messages for herbal smoking products
Testing, reports, and returns
33Annual testing for constituents
34Director-General may require further testing
35Returns and reports
Offences
36Offences in respect of tobacco products and herbal smoking products
36AToy tobacco products
37Enforcement
38Liability of employees, employers, agents, and principals
38AInfringement offences
38BCommission of infringement offences
38CInfringement notices
38DPayment of infringement fees
Miscellaneous provisions
39Regulations
40Transitional provisions
41Amendment, repeals, and revocations
41AAPurposes of Smoke-free Environments (Controls and Enforcement) Amendment Act 2011
Part 2A
Powers of enforcement officers
41APowers of entry and inspection
41BRequirement to give identifying information
41CPurposes for which powers may be used
41DDuties of enforcement officers
41EOffences in respect of enforcement officers
41FEnforcement
Part 3
Health Sponsorship Council
[Repealed]
42Meaning of sponsorship [Repealed]
43Council established [Repealed]
44Principal functions of Council [Repealed]
45Membership of Council [Repealed]
46Term of office of members of Council [Repealed]
47Meetings of Council [Repealed]
48Conflict of interest [Repealed]
49Council to appoint chief executive [Repealed]
50Other staff [Repealed]
51Council may appoint advisory and technical committees [Repealed]
52Council may co-opt specialist advice [Repealed]
53Remuneration and allowances for members of Council and committees [Repealed]
54Salaries, etc, to be paid out of funds of Council [Repealed]
55Powers of Council [Repealed]
56Council to provide alternative sponsorship [Repealed]
57Minister may give Council directions [Repealed]
58Council to submit annual budget and plans for Minister’s approval [Repealed]
59Funds of Council [Repealed]
60Further provisions relating to funds [Repealed]
61Liability of Council and members [Repealed]
62Accounts [Repealed]
62ACrown entity [Repealed]
63Annual reports [Repealed]
64Ombudsmen Act 1975 amended [Repealed]
65Films 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).