Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

17A: Penalties

You could also call this:

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

Illustration for Smokefree Environments and Regulated Products Act 1990

If you are in charge of a workplace and you break the rules about smoking and vaping, you can get a fine. If you are a company, the fine can be up to $4,000. If you are not a company, the fine can be up to $400.

If you break other rules about smoking and vaping, you can also get a fine. The fine for a company can be up to $4,000, and for you, it can be up to $400. You can check the rules in section 17 to see what you can and cannot do.

If you are an employer and you break the rules about smoking and vaping in the workplace, you can get a fine. The fine for a company can be up to $1,000, and for you, it can be up to $100. You can check the rules in section 17(8C) to see what you need to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM223973.


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17: Offences in respect of smoking and vaping, or

"Breaking smoking and vaping rules is against the law"


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18: Prosecution of offences, or

"What happens if someone breaks the smoking and vaping rules"

Part 1Smoking and vaping prohibited in workplaces and public areas

17APenalties

  1. The managers of any premises who commit an offence against section 17(2A) are liable,—

  2. in the case of managers who are a body corporate, to a fine not exceeding $4,000; and
    1. in the case of managers who are not a body corporate, to a fine not exceeding $400 each.
      1. A person who commits an offence against a provision of section 17 other than subsection (2A) or (8C) is liable,—

      2. in the case of a person who is a body corporate, to a fine not exceeding $4,000; and
        1. in the case of a person who is not a body corporate, to a fine not exceeding $400.
          1. An employer who commits an offence against section 17(8C) is liable,—

          2. in the case of an employer who is a body corporate, to a fine not exceeding $1,000; and
            1. in the case of an employer who is not a body corporate, to a fine not exceeding $100.
              1. Repealed
              Notes
              • Section 17A: inserted, on , by section 12 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).
              • Section 17A(2): amended, on , by section 24(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
              • Section 17A(4): repealed, on , by section 24(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).