Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Enforcement officers

91: Appointment of enforcement officers

You could also call this:

"Who can be chosen to help enforce the Smokefree Environments and Regulated Products Act 1990"

The Director-General must choose people to enforce the Smokefree Environments and Regulated Products Act 1990. You can be chosen if you are an employee of the Ministry, a local authority under the Local Government Act 2002, or Health New Zealand established by the Pae Ora (Healthy Futures) Act 2022.

You can also be chosen if you are an employee or officer of another person or body, or if you are an officer designated under section 7A of the Health Act 1956, or an inspector appointed under section 163 of the Health and Safety at Work Act 2015.

The Director-General can choose you by your name or by the job you have. If you are chosen, you will get a special document that says you are an enforcement officer. This document will say what parts of the Act you are responsible for enforcing and what powers you have.

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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=LMS428810.


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Part 5Regulations, enforcement, and other matters
Enforcement officers

91Appointment of enforcement officers

  1. The Director-General must appoint to enforce this Act people who are—

  2. employees of the Ministry, a local authority under the Local Government Act 2002, or Health New Zealand established by the Pae Ora (Healthy Futures) Act 2022; or
    1. employees or officers of some other person or body; or
      1. officers designated under section 7A of the Health Act 1956; or
        1. inspectors appointed under section 163 of the Health and Safety at Work Act 2015.
          1. A person may be appointed by name, or as the holder for the time being of a particular position.

          2. The Director-General must not appoint a person under subsection (1)(b) unless satisfied,—

          3. in the case of a named person, that the person is suitably qualified and trained:
            1. in the case of the holder for the time being of a particular position, that holders of the position are likely to be suitably qualified and trained.
              1. Every enforcement officer must have an instrument of appointment identifying the holder as an enforcement officer appointed under this section.

              2. The Director-General may do any or all of the following:

              3. appoint people to enforce only some of the provisions of this Act:
                1. appoint people to exercise only some of the powers given to enforcement officers under this Act (enforcement powers):
                  1. appoint people subject to limitations or restrictions on their exercise of enforcement powers.
                    1. An instrument of appointment must state—

                    2. the provisions of this Act that an enforcement officer is appointed to enforce (whether all or stated provisions); and
                      1. enforcement powers that the enforcement officer is appointed to exercise (whether all enforcement powers or stated powers); and
                        1. all limitations and restrictions on the enforcement officer’s exercise of enforcement powers.
                          Notes
                          • Section 91: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                          • Section 91(1)(a): amended, on , by section 51 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                          • Section 91(1)(a): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).