Plain language law

New Zealand law explained for everyone

Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

5: Smoking and vaping in workplaces prohibited

You could also call this:

"No smoking or vaping allowed at work"

Illustration for Smokefree Environments and Regulated Products Act 1990

You cannot smoke or vape at work, except in some vehicles or rooms. Your employer must make sure you do not smoke or vape at work. They must follow the rules in section 5A for vehicles and section 6 for rooms.

You are not allowed to smoke or vape in a vehicle with children, as stated in section 20D. Your employer must take steps to stop you from smoking or vaping at work. If you are an employee or volunteer, you cannot smoke or vape at work, except in vehicles allowed by section 5A.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM223923.

Topics:
Health and wellbeing > Public healthWork and jobs > Workplace safety
Previous

4: Purposes of this Part, or

"This part is about keeping workplaces and public areas smokefree and vapefree."

Next

5A: Employer may permit smoking or vaping in vehicle with consent of users, or

"Employers can allow smoking or vaping in work vehicles if all users agree in writing."

Part 1Smoking and vaping prohibited in workplaces and public areas

5Smoking 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—

  2. a vehicle in which smoking or vaping is permitted under section 5A; or
    1. a dedicated room in which smoking or vaping is permitted under section 6.

      1. 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.

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

      Notes
      • Section 5: substituted, on , by section 5 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
      • Section 5 heading: amended, on , by section 10(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
      • Section 5(1): amended, on , by section 10(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
      • Section 5(1)(a): amended, on , by section 10(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
      • Section 5(1)(b): amended, on , by section 10(4) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
      • Section 5(2): amended, on , by section 10(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
      • Section 5(2): amended, on , by section 10(5) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
      • Section 5(3): inserted, on , by section 6 of the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 (2020 No 19).