The recent amendments to the Smokefree Environments Act 1990 generated a lot of interest in the media. Although the impression sometimes conveyed by the media is that a new law has come into effect, the amendments to the 1990 Act were actually passed at the end of 2003 and provided for progressive changes over a two-year period.
The most significant are as follows:
- Imposition of a ban on access to smoking products for those aged under 18 years of age effective from 10 December 2003.
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- Buildings and grounds of schools and early childhood centres became smokefree with effect from 1 January 2004.
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- Licensed premises (including bars, restaurants, cafes, sports clubs and casinos) became smokefree indoors from 10 December 2004.
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- All other work places became smokefree indoors from 10 December 2004.
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- Restrictions on the display of tobacco products in retail outlets applied from 10 December 2004.
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There are a number of restrictions on retailers who sell tobacco products. These include:
- A prohibition on the promotion of the sale of tobacco products with other products.
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- A prohibition on promotional schemes for the sale of tobacco products.
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- Restrictions as to the manner in which tobacco products can be displayed.
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- Appropriate signage warning of the dangers of tobacco use which must be displayed where tobacco products are sold within 200 metres of the point of sale.
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- Strict marketing directives aimed at enforcing the prohibition on the sale of tobacco or herbal products to persons under the age of 18 years.
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All clubs or sporting organisations which are licensed for the sale of alcohol must comply with the new smokefree law. In particular, such organisations should be aware of the following:
- The fact that the premises are not open to the general public does not mean that compliance with the Act is not required.
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- A club must take "reasonably practical steps" to ensure that it complies with the Act. Failure to do so could result in a fine.
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Although the Act does not define what "reasonably practical steps" are, the Ministry of Health has issued guidelines which include the formulation of smokefree policies, displaying appropriate signage and prohibiting the sale of tobacco products on the club's premises. Further information can be obtained from the Ministry of Health website.
The underlying objective in making these changes is to protect the public from the harmful effects of smoking and to further promote a smokefree lifestyle as the norm.
The changes to the law have not been welcomed by everybody, particularly some hotels and bars where employers and customers have voiced resentment at what they perceive as undue Government interference.
There are significant penalties whereby failure to comply can result in fines of up to $4,000 in respect of each offence for companies and up to $400 for each offence in respect of individuals.
As some licensees of licensed premises (particularly hotels) have stated their intention to flout the law by continuing to allow smoking on their premises, presumably it will not be long until we have an indication as to the penalties likely to be imposed by the Courts in practice.
The National Drug Policy website has a wide range of information on tobacco smoking and control in New Zealand.
Click here to link directly to their site.
May 2005
All information in this article is to the best of the author's knowledge true and accurate. No liability is assumed by the author for any losses suffered by any person relying directly or indirectly upon this material. It is recommended that you should consult a senior representative of Rotherhams before acting upon any information provided in this article
