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Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

6: Dedicated rooms in hospital care institutions, residential disability care institutions, and rest homes

You could also call this:

"Smoking and vaping are allowed in special rooms at hospitals, rest homes, and disability care institutions if they have good ventilation."

You are in a hospital, rest home, or disability care institution. Your employer can let you smoke or vape in special rooms. These rooms must be just for smoking or vaping. They need a special ventilation system to stop the smoke or vapour from spreading.

You can only smoke or vape in these special rooms if your employer has done everything they can to stop the smoke or vapour from escaping. There must also be another room where you can socialise without smoke or vapour. This rule does not mean your employer has to let people who are not patients or residents smoke or vape in these rooms.

The ventilation system must take the air outside so it does not go into other parts of the building. It must not connect to other parts of the building that are not for smoking or vaping.

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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=DLM223927.

Topics:
Health and wellbeing > Public healthRights and equality > Anti-discrimination
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Part 1Smoking and vaping prohibited in workplaces and public areas

6Dedicated rooms in hospital care institutions, residential disability care institutions, and rest homes

  1. An employer may permit smoking or vaping by patients or residents of a workplace that is, or is part of, a hospital care institution, a residential disability care institution, or a rest home if—

  2. the smoking takes place only in 1 or more dedicated rooms for smoking; and
    1. the vaping takes place only in 1 or more dedicated rooms for vaping; and
      1. each dedicated room is equipped with or connected to a mechanical ventilation system to which subsection (2) applies; and
        1. the employer has taken all reasonably practicable steps to minimise the escape of emissions from the dedicated smoking or vaping rooms into any part of the workplace that is not a dedicated room; and
          1. for each dedicated room, an adequate equivalent room is available for patients or residents who wish to socialise in an atmosphere without emissions.

            1. This subsection applies to a mechanical ventilation system with which a dedicated room in a workplace is equipped if, and only if,—

            2. the system is so designed, installed, and operating that it takes air from the room to a place outside the workplace where any emissions the air may contain will not enter any part of the workplace, either—
              1. directly; or
                1. through 1 or more other dedicated rooms; and
                2. no part of the workplace that is not a dedicated room is equipped with or connected to the system.

                  1. Subsection (1)—

                  2. does not authorise an employer to permit a person who is not a patient or resident of the institution or home concerned to smoke or vape in a dedicated room; and
                    1. does not authorise a person who is not a patient or resident of the institution or home concerned to smoke or vape in a dedicated room.

                      Notes
                      • Section 6: substituted, on , by section 5 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
                      • Section 6 heading: amended, on , by section 12(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6: amended, on , by section 12(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1): amended, on , by section 12(4) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1)(a): replaced, on , by section 12(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1)(a): amended, on , by section 8 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                      • Section 6(1)(aa): inserted, on , by section 12(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1)(b): amended, on , by section 12(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1)(c): amended, on , by section 12(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1)(c): amended, on , by section 12(4) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1)(c): amended, on , by section 12(5) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(1)(d): replaced, on , by section 12(7) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(2): amended, on , by section 12(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(2)(a): amended, on , by section 12(5) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(2)(a)(ii): amended, on , by section 12(8) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(2)(b): amended, on , by section 12(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(3)(a): amended, on , by section 12(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(3)(a): amended, on , by section 12(9) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(3)(b): amended, on , by section 12(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                      • Section 6(3)(b): amended, on , by section 12(9) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).