Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

15: Complaints relating to smoking or vaping in workplace

You could also call this:

"What to do if someone is smoking or vaping at work when they shouldn't be"

If you think someone is smoking or vaping at work when they should not be, you can complain to the employer or the Director-General. You need to tell them what happened. If an employer gets a complaint, they must look into it within 20 working days and try to fix the problem if someone did something wrong. The employer must try to stop the same thing from happening again, either by fixing the problem or by getting a promise from the person who did it that they will not do it again.

If the employer cannot fix the problem within 40 working days, they must send the complaint to the Director-General in writing. When the employer is talking to people about the complaint, the employees' representative can be there to help resolve the issue. You can also complain if you think your employer is allowing smoking or vaping at work when they should not be.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM223959.

Topics:

Health and wellbeing > Public healthWork and jobs > Worker rightsWork and jobs > Workplace safety

14A: Application for approval as specialist vape retailer, or

"How to apply to sell vapes as a specialist retailer"

16: Complaints to Director-General, or

"Telling the Director-General about smoking or vaping rule breaks"

Part 1Smoking and vaping prohibited in workplaces and public areas

15Complaints relating to smoking or vaping in workplace

Where any person believes on reasonable grounds that any person has contravened any provision of this Part in so far as it relates to any workplace, the person may complain to the employer of that workplace, or to the Director-General, specifying the particulars of the complaint.
Where an employer receives a complaint under subsection (1), or a complaint is referred to an employer under section 16(2)(a), the employer shall, within 20 working days after receipt of the complaint, investigate the complaint, and, if it appears that a contravention has occurred, shall try to resolve the complaint.
Where the contravention is on the part of the employer, the employer shall settle the cause of the complaint, or give an assurance that satisfies the complainant that there will be no repetition of the cause of the complaint.
Where the contravention is on the part of an employee or volunteer, the employer shall seek to obtain from the employee or volunteer an assurance that satisfies the employer that there will be no repetition of the cause of the complaint.
The representative of the employees in the workplace shall be entitled to be present at any meeting called by the employer for the purpose of resolving the complaint and avoiding future cause for complaint.
If within 40 working days after receiving the complaint the employer is unable to investigate it and resolve it by agreement, the employer must refer it, in writing, to the Director-General.

Notes

Section 15 heading: amended, on 11 November 2020, by section 22 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
Section 15 heading: amended, on 10 December 2004, by section 10(1) of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
Section 15(1): amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).
Section 15(4): amended, on 10 December 2004, by section 10(2) of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
Section 15(6): substituted, on 10 December 2004, by section 10(3) of the Smoke-free Environments Amendment Act 2003 (2003 No 127).