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

12: Smoking and vaping on licensed premises

You could also call this:

"No smoking or vaping allowed inside places that sell alcohol, and sometimes outside too."

Illustration for Smokefree Environments and Regulated Products Act 1990

If you are in a place that sells alcohol, the person in charge must make sure you do not smoke or vape inside. They have to take reasonable steps to stop you from smoking or vaping in areas that are not outside. You are not allowed to smoke or vape in areas that are not outside, like inside a building.

The person in charge can also stop you from smoking or vaping in outside areas if they want to. This means that even if you are in an outside area, you might still not be allowed to smoke or vape. You have to follow the rules of the place you are in.

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 It might be out of date or be missing some parts.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=DLM223944.

Topics:
Health and wellbeing > Public health
Previous

11: Smoking and vaping prohibited in certain travel premises, or

"No smoking or vaping in travel terminals and waiting areas"

Next

13: Smoking and vaping in restaurants, or

"No smoking or vaping inside restaurants"

Part 1Smoking and vaping prohibited in workplaces and public areas

12Smoking and vaping on licensed premises

  1. The licensee of any licensed premises must take all reasonably practicable steps to ensure that no person smokes or vapes at any time in a part of the premises that is not an open area.

  2. Subsection (1) does not prevent the licensee of any licensed premises from prohibiting smoking or vaping in a part of the premises that is an open area.

  3. No person may smoke or vape at any time in a part of any licensed premises that is not an open area.

Notes
  • Section 12: substituted, on , by section 8 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
  • Section 12 heading: amended, on , by section 17(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 12(1): amended, on , by section 17(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 12(2): amended, on , by section 17(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 12(3): amended, on , by section 17(4) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).