Smokefree Environments and Regulated Products Act 1990

If you need more information about this Act, please contact the administering agency: Ministry of Health
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5 Smoking and vaping in workplaces prohibited

(1)

An employer must take all reasonably practicable steps to ensure that no person smokes or vapes at any time in a workplace that is not—

(a)

a vehicle in which smoking or vaping is permitted under section 5A; or

(b)

a dedicated room in which smoking or vaping is permitted under section 6.

(2)

No employee or volunteer may smoke or vape at any time in a workplace that is not a vehicle in which smoking or vaping is permitted under section 5A.

(3)

Nothing in this section permits smoking or vaping in a vehicle carrying child occupants (see section 20D).

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

Section 5 heading: amended, on 11 November 2020, by section 10(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 5(1): amended, on 11 November 2020, by section 10(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 5(1)(a): amended, on 11 November 2020, by section 10(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 5(1)(b): amended, on 11 November 2020, by section 10(4) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 5(2): amended, on 11 November 2020, by section 10(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 5(2): amended, on 11 November 2020, by section 10(5) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 5(3): inserted, on 28 November 2021, by section 6 of the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 (2020 No 19).