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New Zealand Legislation: Acts

Acts are laws made by Parliament

Reprint as at 1 April 2010

Smoke-free Environments Act 1990

Public Act	1990 No 108
Date of assent	28 August 1990

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Health.

Contents

1 Short Title and commencement

2 Interpretation

3 Act binds the Crown

Part 1
Smoke-free workplaces and public areas

4 Purposes of this Part

5 Smoking in workplaces prohibited

5A Employer may permit smoking in vehicle with consent of users

6 Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes

6A Smoking in prison cells

7 Duties of employer [Repealed]

7A Smoking prohibited at schools and early childhood education and care centres

8 Smoking prohibition on aircraft

9 Smoking restricted in passenger service vehicles

10 Application of Act to ships

11 Smoking prohibited in certain travel premises

12 Smoking on licensed premises

13 Smoking in restaurants

13A Smoking in casinos

13B Smoking in certain gaming machine venues

14 Enforcement officers

15 Complaints relating to workplace smoking

16 Complaints to Director-General

17 Offences in respect of smoking

18 Prosecution of offences

19 Protection of persons acting under authority of Act

20 Saving of powers to make bylaws

20A Health and Safety in Employment Act 1992 not affected

Part 2
Control of smoking products

21 Purpose of this Part

Promotion and advertising

22 Advertising of tobacco products

23 Exemptions for retailers and vending machines

23A Compliant product display

23B Exposure for sale

24 Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events

25 Organising or promoting activity using trade mark, etc, of tobacco products

26 Exemptions for participants in certain events

26A Exemption for multinational sporting events

27 Exemption for craft in emergencies

28 Free distribution and rewards prohibited

29 Tobacco product not to be advertised or labelled as suitable for chewing, etc

Sale and labelling

29A Sale of tobacco products with other products prohibited

29B Restriction on use of automatic vending machines

30 Sale of tobacco products and herbal smoking products to people under 18 prohibited

30AA Supplying tobacco products or herbal smoking products to people under 18 prohibited

30AB Certain repeat offenders may be ordered not to sell tobacco products

30A Restrictions on sale of certain tobacco products in small quantities

31 Limits on harmful constituents

32 Labelling and health messages for tobacco products

32AA Labelling and health messages for herbal smoking products

Code of practice relating to tobacco product advertising

[Repealed]

32A Code of practice relating to tobacco product advertising [Repealed]

32B Code to be approved by Minister [Repealed]

32C Availability of code [Repealed]

32D Commencement of code [Repealed]

32E Proof of code [Repealed]

32F Code deemed to be regulations for purposes of disallowance [Repealed]

32G Amendment and revocation of code [Repealed]

32H Regulations may require compliance with code [Repealed]

32I Expiry of sections 32A to 32H [Repealed]

Testing, reports, and returns

[Repealed]

33 Annual testing for constituents

34 Director-General may require further testing

35 Returns and reports

36 Offences in respect of smoking products

36A Toy tobacco products

38 Liability of employees, employers, agents, and principals

Miscellaneous provisions

40 Transitional provisions

41 Amendment, repeals, and revocations

Part 2A
Powers of enforcement officers

41A Powers of entry and inspection

41B Requirement to give identifying information

41C Purposes for which powers may be used

41D Duties of enforcement officers

41E Offences in respect of enforcement officers

41F Enforcement

Part 3
Health Sponsorship Council

42 Meaning of sponsorship

43 Council established

44 Principal functions of Council

45 Membership of Council

46 Term of office of members of Council [Repealed]

47 Meetings of Council [Repealed]

48 Conflict of interest [Repealed]

49 Council to appoint Director

50 Other staff [Repealed]

51 Council may appoint advisory and technical committees [Repealed]

52 Council may co-opt specialist advice [Repealed]

53 Remuneration and allowances for members of Council and committees [Repealed]

54 Salaries, etc., to be paid out of funds of Council [Repealed]

55 Powers of Council [Repealed]

56 Council to provide alternative sponsorship [Repealed]

57 Minister may give Council directions [Repealed]

58 Council to submit annual budget and plans for Minister's approval [Repealed]

59 Funds of Council [Repealed]

60 Further provisions relating to funds

61 Liability of Council and members

62 Accounts [Repealed]

62A Crown entity [Repealed]

63 Annual reports [Repealed]

64 Ombudsmen Act 1975 amended [Repealed]

65 Films Act 1983 amended [Repealed]

An Act—

(a) to reduce the exposure of people who do not themselves smoke to any detrimental effect on their health caused by smoking by others; and

(b) to regulate the marketing, advertising, and promotion of tobacco products, whether directly or through the sponsoring of other products, services, or events; and

(c) to monitor and regulate the presence of harmful constituents in tobacco products and tobacco smoke; and

(d) to establish a Health Sponsorship Council