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Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

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

You could also call this:

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

Illustration for Smokefree Environments and Regulated Products Act 1990

Your employer can let you smoke or vape in a work vehicle if you use it with other employees or volunteers. The public must not normally be in the vehicle. You and the other employees or volunteers must have told your employer in writing that you are okay with smoking or vaping in the vehicle. You must have asked your employer to let you smoke or vape in the vehicle, or told them you do not mind if others do. If you change your mind, you can tell your employer in writing that you no longer want smoking or vaping in the vehicle. Nothing in this rule lets you smoke or vape in a vehicle with children, see section 20D for more information.

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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=DLM223925.

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"No smoking or vaping allowed at work"

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Part 1Smoking and vaping prohibited in workplaces and public areas

5AEmployer may permit smoking or vaping in vehicle with consent of users

  1. An employer may permit smoking or vaping in a vehicle provided by the employer and normally used by employees or volunteers if—

  2. the public does not normally have access to any part of it; and
    1. all the employees and volunteers who use it regularly or from time to time have jointly or individually given the employer written notice—
      1. asking the employer to permit smoking or vaping in it; or
        1. stating that they do not object to other employees and volunteers smoking or vaping in it; and
        2. since last giving the employer notice to that effect, none of the employees and volunteers who use it regularly or from time to time has given the employer written notice that he or she—
          1. no longer wishes the employer to permit smoking or vaping in it; or
            1. now objects to other employees and volunteers smoking or vaping in it.

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

            Notes
            • Section 5A: inserted, on , by section 5 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
            • Section 5A heading: amended, on , by section 11(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
            • Section 5A(1): amended, on , by section 11(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
            • Section 5A(1)(b)(i): amended, on , by section 11(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
            • Section 5A(1)(b)(ii): amended, on , by section 11(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
            • Section 5A(1)(c)(i): amended, on , by section 11(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
            • Section 5A(1)(c)(ii): amended, on , by section 11(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
            • Section 5A(2): inserted, on , by section 7 of the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 (2020 No 19).