Smokefree Environments and Regulated Products Act 1990

Control of smoking products - Offences

38: Liability of employees, employers, agents, and principals

You could also call this:

"Who gets in trouble when someone breaks the smoking and vaping rules at work?"

If you work with someone who breaks the Smokefree Environments and Regulated Products Act 1990, you might wonder who gets in trouble. You and your boss can both be liable if something goes wrong. This means you can both get in trouble if you do something you are not supposed to do.

A person who is in charge of you, like a boss, is called a principal or an employer. If they tell you to do something wrong, they can get in trouble too. You can also get in trouble if you do something wrong, even if someone told you to do it.

This part of the law was repealed, which means it is no longer in force, on 11 November 2020, by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM224394.


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37: Enforcement, or

"Rules to make sure people follow the Smokefree Environments law"


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38A: Infringement offences, or

"Breaking smokefree rules can be an infringement offence"

Part 2Control of smoking products
Offences

38Liability of employees, employers, agents, and principals (Repealed)

    Notes
    • Section 38: repealed, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).