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Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

17: Offences in respect of smoking and vaping

You could also call this:

"Breaking smoking and vaping rules is against the law"

If you are an employer and you do not follow the rules in section 5(1), you commit an offence. You can find the rules in section 5(1). If you are in charge of premises and you do not follow the rules in section 7A(1), you commit an offence.

If you are in charge of premises and you do not follow the rules in section 7A(3), you commit an offence. You can find the rules in section 7A(3). If you are in charge of an aircraft and you let someone smoke or vape when they are not allowed to, you commit an offence.

You can find the rules in section 8(1). If you are in charge of a passenger service vehicle and you let someone smoke or vape when they are not allowed to, you commit an offence. You can find the rules in section 9(2).

If you are in charge of an area where smoking and vaping are not allowed and you let someone smoke or vape, you commit an offence. You can find the rules in section 11. If you have a licence and you do not follow the rules in section 12(1), you commit an offence.

If you are in charge of a restaurant and you do not follow the rules in section 13(1), you commit an offence. If you have a casino operator's licence and you do not follow the rules in section 13A(1), you commit an offence. If you have a class 4 gambling venue licence and you do not follow the rules in section 13B(1), you commit an offence.

If you are an employer and you do not follow the rules in section 15(6), you commit an offence. You can find the rules in section 15(6). If you break these rules without a good reason, you commit an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM223968.

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Previous

16: Complaints to Director-General, or

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

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17A: Penalties, or

"Breaking smoking and vaping rules can cost you a fine of up to $4,000 or $400."

Part 1Smoking and vaping prohibited in workplaces and public areas

17Offences in respect of smoking and vaping

  1. An employer who fails to comply with section 5(1) commits an offence.

  2. The managers of any premises who fail to comply with section 7A(1) commit an offence.

  3. The occupier of any premises who fails to comply with section 7A(3) commits an offence.

  4. The operator of an aircraft who, without reasonable excuse, permits a person to smoke or vape in contravention of section 8(1) commits an offence.

  5. The operator of a passenger service vehicle who, without reasonable excuse, permits a person to smoke or vape in contravention of section 9(2) commits an offence.

  6. The owner or occupier of an area to which section 11 applies who, without reasonable excuse, permits any person to smoke or vape in the area commits an offence.

  7. A licensee who fails to comply with section 12(1) commits an offence.

  8. The operator of a restaurant who fails to comply with section 13(1) commits an offence.

  9. The holder of a casino operator's licence who fails to comply with section 13A(1) commits an offence.

  10. The holder of a class 4 gambling venue licence who fails to comply with section 13B(1) commits an offence.

  11. An employer who, without reasonable excuse, fails to comply with section 15(6) commits an offence.

  12. Repealed
Notes
  • Section 17: substituted, on , by section 12 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
  • Section 17 heading: amended, on , by section 23(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 17(3): amended, on , by section 23(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 17(4): amended, on , by section 23(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 17(4): amended, on , by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
  • Section 17(6): amended, on , by section 23(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 17(9): repealed, on , by section 23(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).