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Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

13: Smoking and vaping in restaurants

You could also call this:

"No smoking or vaping inside restaurants"

Illustration for Smokefree Environments and Regulated Products Act 1990

When you are in a restaurant, the person in charge must make sure you do not smoke or vape in any part of the restaurant that is not an open area. You are not allowed to smoke or vape in any part of a restaurant that is not an open area. The person in charge of the restaurant can also stop you from smoking or vaping in open areas if they want to.

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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=DLM223946.

Topics:
Health and wellbeing > Public health
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12: Smoking and vaping on licensed premises, or

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

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13A: Smoking and vaping in casinos, or

"No smoking or vaping is allowed in most parts of casinos."

Part 1Smoking and vaping prohibited in workplaces and public areas

13Smoking and vaping in restaurants

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

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

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

Notes
  • Section 13: substituted, on , by section 8 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
  • Section 13 heading: amended, on , by section 18(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 13(1): amended, on , by section 18(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 13(2): amended, on , by section 18(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 13(3): amended, on , by section 18(4) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).